Take a Look at our Terms and Conditions...
This is the Terms and Conditions for ProCheck, accessible from https://procheck.prometeon.com/
These Terms and Conditions of Use apply between you (the "User") and Prometeon Tyre Group S.r.l., a company incorporated under Italian law that can be contacted at the addresses noted in paragraph 18 below (hereinafter the "Company"), which provides a tyre monitoring and management service (the "Service"). The Service is made available through the website (the "Website") and the ProCheck app for mobile devices (the "App"), which can be downloaded from the various app stores.
The Company, at its discretion, may authorize the User to access the Service free of charge for a limited period not exceeding a maximum of 180 (one hundred eighty) days from the moment the User's Account is activated (as defined below), (the "free trial period").
The Company reserves the right, at its sole discretion, to modify the free trial period and/or the terms and conditions of use of the same, at any time, without prior notification and any liability."
To use the Service, the User must have a smartphone/tablet or computer with an internet connection.
These Terms and Conditions of Use (the "Agreement") apply between the User and the Company in the event of use of the Website and/or App, regardless of any Service purchase. This version of the Agreement will apply to users who access the Service for commercial purposes, unless a localised version of this Agreement exists under the laws of the country of habitual residence, as stated at the time of registration. If there is a local version of this Agreement, this will be binding. The User is invited to read the Agreement carefully and in its entirety.
2 information on the service
To access the Service, the User must accept the entire Agreement and create a user account by registering some personal data (including, by way of example, name, email address, country, etc.) and choose a personal password ("User Account").
The User can gain access to the Service in the following ways:
- by downloading the App to a smartphone, tablet or computer ("Mobile Device") (or by accessing it through the Website);
- with the User's access to their account through the App or Website.
The User can access the App or Website with their username and password or through other authentication systems available on the Website.
By accessing the App (or the Website, depending on the case), the User will be able to access the following Services through their User Account: recording and reviewing tyre pressure and remaining tread measurements (entering manually or automatically with a tool connected to the App via bluetooth); analysis of measurements and automatic predictions on the useful life of the monitored tyres; full monitoring of tyre life; recording and reviewing vehicle and tyre visual inspections; tyre life management (assembly, disassembly, retreading through sending to retreader). The number of devices that can be used with the User Account is shown when registering the User Account and can be viewed at any time in the "My Account" section.
The User can find detailed information about the Mobile Devices and software programmes supported by the Service at any time by visiting the [•] website. The User is required to keep their Mobile Device updated with the latest operating system to access the Service.
The User is required to submit complete, truthful and correct information and to ensure that information is always up to date. The Company is under no obligation to investigate the accuracy of information provided. The username and password must be stored securely. The User is responsible for any use of the Service made with their username and password. In the event the User's username or password is lost or stolen, or the User has reason to believe that there has been unauthorised access to their User Account, they should notify the Company immediately and change their password as soon as possible.
In some cases, it will be necessary to register the User's current payment information (such as credit or debit card information or billing information) on the Company's website.
3 FEE AND PAYMENT
The User is required to register current and valid information for one of the payment methods currently offered and corresponding to the country chosen by the User at the time of creating the User Account. From this it follows that when a debit or credit card is required, it must be issued in the User's country of residence or information for another payment method will be required.
The cost of any Services that can be purchased will be published on the Website and App (the "Fee"). All prices are inclusive of VAT (where applicable) and any other applicable taxes and charges. By subscribing to a Service for a specific country, the User confirms that they live and are tax resident in that country.
When purchasing a Service, the User must provide payment information in accordance with the instructions on the Website or App. Payment must be made through one of the payment methods currently offered by the Company for the Service in question and through the Website or by email.
The Fee is taken in advance, on the same calendar day the User purchases the Service. In the event that the Fee cannot be taken on the same calendar day of a given month, for example it is not a working day (except for holidays), the Fee will be taken on the following working day.
To guarantee continuous access to Services, the User must ensure they have paid the Fee with a valid payment method for the Service in question. Where the User makes the payment by debit or credit card, they must ensure that there are sufficient funds available before each new purchase to cover the Fee. In the event that it is not possible to take the payment, the Company will notify the User and make a further attempt to take the payment. Further attempts to take the payment by debit or credit card may be made daily over a period of up to ten (10) days. If the Fee remains unpaid after the final attempt, the User's access to the Service will be automatically suspended.
4 service suspension
The User may withdraw from the Agreement through their "My Account" section, the Company's customer care service or by email. See Art. 5 below for information relating to the Company's customer care service. For current customer care opening hours, visit the [•] website.
The Company may suspend the User's access to the Service at any time and without notice in the event the User breaches this Agreement or any applicable law or regulation.
User access to the Service may also be temporarily suspended if the Fee cannot be taken for reasons beyond the Company's control. Upon payment of the Fee by the User, their access to the Service will be restored.
5 CUSTOMER CARE
For any questions or problems related to the Service, please contact the Company's customer care service. Information about the different ways to contact customer care is available on the [•] website. Any complaints will be handled by the customer care team. Their contact information can be found in the following Art. 18.
6 changes to the service, fee and agreement
The Company constantly improves its Services and therefore reserves the right to update and/or modify Services and to make changes or updates to the Service (or to any part thereof) at any time.
The Company may change the Fee for future Services as a result of changes or increased costs in their provision, giving written notice of at least thirty (30) days before the change takes effect. Communications about these changes will be sent to the User either on the App and/or via the contact information provided by the User when registering their User Account. The User may terminate the Agreement with effect from the end of the last Service for which they have paid. The User will be required to accept the Fee change by accepting the new Fee on their next access.
The Company may make changes to the Agreement over time provided that they are reasonable for the User in light of their interests and those of the Company. In this case, the User will be notified of these changes. The communication will be sent to the User on the App or through the contact information they provided when registering their User Account, with notice of at least thirty (30) days prior to the date when the changes will take effect. In the event of any substantial changes to the Agreement, the User will be required to accept the new terms and conditions on their next access.
7 INTELLECTUAL PROPERTY RIGHTS
The content of the Service, including but not limited to the text, graphics, logos, icons, images, documents and the organisation and wording of the same, and all software used by the Service are the exclusive property of the Company, licensors and suppliers of the Company ("Intellectual Property"). Intellectual Property is or may be protected by applicable international laws, including, without limitation, copyright and other laws and agreements protecting intellectual property and proprietary rights. The User agrees to observe all applicable laws and agreements and not to alter, obscure or remove the copyright or proprietary rights notices on such Intellectual Property.
Prometeon is a trademark of the Company. Other registered trademarks, names and logos on the Website, Service and App are the property of their respective owners. Unless otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission or publication of any material subject to copyright or registered trademarks is strictly prohibited without the express written consent of the owner or licensor.
The software included in the Service and App is licensed and is not sold to the User. By registering for the Service, the User is granted a personal, non-exclusive, non-transferable, non-assignable, non-licensable and limited in time right of use for the software. The Company retains ownership of all copies of the software, even after the software has been installed on the User's Mobile Device. The Company has the right to assign such license or any part thereof to any third party without limitation.
Any third party software included in the Service is licensed to the User under the agreement or in accordance with the respective third party license for such software. The conditions of use for this third party software are published on the Website.
Unless otherwise provided pursuant to mandatory copyright law, the User is not authorised to modify or alter, rent, lease, sell, sub-license or otherwise distribute the Services.
8 CONDITIONS FOR APPS
The User acknowledges and understands that the Company may release updated versions of the App over time and that it may also carry out automatic electronic updates of the App version currently used by the User on their Mobile Device. Such updates will be carried out on the User's Mobile Device with their prior consent and this Agreement applies to all updates.
In accordance with the previous Art. 7, the User is granted only a limited license for the App. The Company, the licensors and/or suppliers of the Company retain ownership of the App (and any copy of the App). Standard fees may apply for internet traffic when using the App.
9 personal data
The Service is generally available 24 hours a day, every day of the week. However, the Company cannot guarantee that use of the Service will be uninterrupted or free from faults. Over time, the Service may be totally or partially unavailable due to necessary backup, copying, maintenance improvement, security update or similar activities. Wherever possible, the Company will inform the User of any planned service interruptions.
In the event the User sends or transmits to the Company communications, observations, questions, suggestions or related material, either by letter, email, telephone or other method (jointly, "Feedback"), suggesting or recommending changes to the Website, App or Service including, without limitation, new features or functionalities, such Feedback is and will be considered as non-confidential and non-proprietary. With this Agreement, the User assigns all related rights and the Company is free to use, without any compensation or fee to the User, any Feedback content, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose, including but not limited to, the development, production, licensing, marketing and sale, directly or indirectly, of products and services using this Feedback. The User acknowledges and accepts that the Company is not obliged to use, exhibit, reproduce or distribute any idea, know-how, concept or technique contained in the Feedback, and the User has no right to demand such use, display, reproduction or distribution.
12 NO WARRANTIES
The Company undertakes to provide the best possible Service, however the User accepts that the Services are provided "as found", "as available" and "as they are", without implied warranties or guarantees of merchantability, fitness for a particular purpose or absence of the infringement of third party rights. To the extent permitted by law and specifically with the exception of cases of gross negligence and wilful misconduct, the Company does not provide any guarantee against viruses, spyware or malware that may be installed on the User's computer, tablet, smartphone or mobile device. We or our licensors or suppliers cannot give an express or implicit guarantee that Services will meet the User's requirements and expectations or that Services will be available without interruption or rapid, secure or error-free.
The User is solely responsible for their internet connection. At no time is the Company responsible for the inability of the User to download or otherwise access the Service. Except for the limits established by applicable law and specifically for cases of gross negligence or wilful misconduct, the content downloaded or otherwise acquired through the use of the Service is available at the User's own risk and we are not responsible for any damage to their computer, smartphone, tablet or other User device, or for any loss of data that occurs as a result of downloading or using such material.
13 LIMITATION OF LIABILITY
Nothing in these Terms and Conditions of Use excludes or limits the Company's liability in the event of (a) death or personal injury, (b) gross negligence, wilful misconduct, fraud or misrepresentation or (c) any other liability which cannot be excluded or limited on the basis of mandatory legislation.
To the extent permitted by law, the Company excludes all conditions, warranties, representations or other conditions applicable to the Services, whether express or implied.
To the extent permitted by law, and except in the case of gross negligence or wilful misconduct, the Company is not liable for any loss or damage, whether contractual, unlawful, breach of legal obligation or otherwise, even where foreseeable, arising pursuant to or in connection with:
- the use of or inability to use the Company's Services;
- the use or reliance on any of the Services displayed on the Website.
To the extent permitted by law, and except in the case of gross negligence or wilful misconduct, the liability of the Company will be limited to the amounts paid by the User as a Fee for the Service over the previous 12 months, and the Company will not be liable for:
- indirect and direct losses or damages;
- loss of profit;
- business interruption;
- loss of expected savings;
- loss of business opportunities, goodwill or reputation; or
- losses due to interruptions, data loss or similar losses.
To the extent permitted by law, and except in the case of gross negligence or wilful misconduct, the Company's overall liability for claims arising from the use of the Service is limited to the Fee for the Service paid by the User with reference to the part of the Service that gave rise to the claim in the past 24 months.
14 THIRD PARTY LINKS AND RESOURCES ON THE APP AND WEBSITE
In the event that the Company's App and/or Website contain links to other sites and resources provided by third parties, these links are provided exclusively for the User's information. The Company has no control over the content of such websites or resources.
15 USER ACCESS AND VIRUSES
The User is responsible for configuring their own IT technology, software programmes and platforms in order to access the Services, App and/or Website. The User is required to use their own virus protection software.
The User must not use the Company's App or Website in an inappropriate manner, knowingly introducing viruses, trojans, worms, logic bombs or other harmful or technologically harmful material. The User must not try to gain unauthorised access to the App, Website, Company server on which they are stored or any server, computer or database connected to them. The User must not attack the Company's App or Website through a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, the User commits an offence under the applicable law. The Company will report this breach to the relevant competent law enforcement authorities and will assist these authorities by revealing the identity of the User. In the event of such breach, the User's right to use the Company's Services will cease immediately.
16 TRANSFER OR ASSIGNMENT
The Company is authorised to transfer or assign all or part of its rights and obligations under this Agreement. The User is not authorised to transfer or assign any right or obligation under this Agreement.
17 APPLICABLE LAW, JURISDICTION, DISPUTES
Unless otherwise required under the mandatory legislation of the User's country of residence:
- this Agreement is subject to Italian law, excluding the connecting rules of private international law;
The User and the Company also accept the exclusive jurisdiction of the Court of Milan (Italy) for the resolution of any litigation, claims or disputes that may arise in connection with this Agreement.
If any condition of this Agreement is found to be inconsistent with applicable law, such a condition will be interpreted according to the actual intentions of the parties and the other conditions will not be modified. Failure by the Company to exercise any condition of this Agreement will not amount to a waiver of such a condition.
This Agreement represents the entire agreement between the User and the Company and replaces all previous or related negotiations, discussions or agreements between the User and the Company relating to the Website and Apps.
The proprietary rights, exclusion of warranties, declarations made by the User, indemnities, limitations of liability and general provisions will continue to be effective upon termination of this Agreement.
* * *
Pursuant to Articles 1341 and 1342 of the Italian Civil Code, the User expressly accepts the following articles of the Agreement: 3 FEE AND PAYMENT; 4 SERVICE SUSPENSION; 6 CHANGES TO THE SERVICE, FEE AND AGREEMENT; 8 CONDITIONS FOR APPS; 10 AVAILABILITY; 11 FEEDBACK; 12 NO WARRANTIES; 13 LIMITATION OF LIABILITY; 16 TRANSFER OR ASSIGNMENT; 17 APPLICABLE LAW, JURISDICTION, DISPUTES.