Owner and Data Controller
AL-KO Vehicle Technology Electronics S.r.l.
Sede Legale / Operativa Trento: Via Vienna, 4 • 38121 Trento • Italy
Tel. +39 0461 991598 • FAX +39 0461 960009 • cbe@cbe.it
Sede Operativa Gaiarine: Viale delle Industrie, 6/A 31018 Albina di Gaiarine (TV) • Italy
Tel. +39 0434 759420 • Fax +39 0434 754620 • info@nordelettronica.it
Registro Imprese Trento e P.IVA/C.F. IT00624020228
R.E.A. Trento 115230 – Cap. soc. € 100.000,00 i.v.
Iscrizione Registro AEE IT 17120000010123
Società sottoposta ad attività di direzione e coordinamento da parte di ALOIS KOBER GMBH- D
Owner contact email: cbe@cbe.it
General Terms and Conditions of the Nordpanel Service
Since the Service is subject to continuous update, it is possible to find its complete description visiting the relevant section of the web site of Nordpanel at www.nordpanel.it
1. Definitions:
1.1. The following terms and conditions (and all their declinations) are used in the Contract with the following meanings:
-"Owner" means the owner of the data processing at the head of this document.
-“Nordpanel Service” refers to the geo-localisation and remote access service implemented through the Nordpanel Service provided by owner. The services is supplied by owner, with registered office at n. 6/a, Viale delle Industrie, Gaiarine, VAT number (and Italian Fiscal Code): 04003330265.
-“User” refers to the legal or natural person that has subscribed the Contract online requiring the provision of the Nordpanel service from owner;
-“Contract” refers to the document consisting of the online Purchase Order, the General Terms and Conditions expressly accepted, the Price List, the Privacy Policy in accordance with Section 13 of the Legislative Decree n.196/2003 and of the Acknowledgement of the Purchase Order from owner;
-“General Terms and Conditions” refers to the hereof general terms and conditions;
-“Price list” refers to the document containing the economic conditions ruling the Nordpanel Service and in particular the list of prices that the User should pay in advance to owner in order to use said service;
“the Parties” refers to owner and the User considered collectively;
-“Online Purchase” refers to the purchase procedure of the Nordpanel service carried out by the User on the web site www.nordpanel.it;
-“Nordpanel Service” or simply “Service” refers to the service supplied by owner, chosen by the User by accepting the Contract;
-“GPS Localisation” refers to the satellite localisation service supplied to the User by owner, through the Nordpanel service installed and according to the Installation and Activation Instructions attached. This service is active when the mechanic switch on the modem is on position 1 (On) and enabling the GPS function (GPS on) as explained in the user manual; failure to meet any of the above mentioned conditions renders localisation impossible.
-“GSM Modem and SIM”. The service is supplied exclusively through the use of the Modem provided by owner. The devices are recognised and identified uniquely in the GSM network by their IMEI numbers.
- “SIM Card”. Given the type of service provided only by modems supplied by owner (sold by owner), the service will be available using a SIM card provided by owner on loan for use with the Modem (already inserted) and without an assigned phone number, which will allow only data transfer between the Modem and the owner server alone, during the activation period of the Nordpanel Service. The SIM Card supplied to the User remains property of owner for the entire duration of the Contract. The User shall refrain from copying, removing, selling, transferring, leasing, destroying or damaging the SIM card for the entire duration of the Contract. Upon Contract termination, however, the SIM card will remain inside the modem, even if not functioning, awaiting the following activation.
-“OEM” refers to the Overall Equipment Manufacturer who installed the Nordpanel device onboard.
2. Subject: Description of the Nordpanel Service
2.1 The Nordpanel Service supplied by owner consists of the service that allows the User to:
A) see on an electronic map the position of the device on which the Nordpanel system is installed
B) receive data from the connected systems and send commands to said systems.
C) receive custom assistance from the OEM only on voluntary request form the User. The OEM will be able to read the data of the connected system according to the procedures indicated in the Geo-localisation System Report and after the voluntary identification by the OEM (the IMEI number of the modem is voluntarily communicated by the Customer to the OEM).
3. Contract Termination
3.1 The contract is deemed terminated upon conclusion of the on-line purchase procedure of the Nordpanel service, which consists of the following steps: User login or registration; communication of the personal data for invoicing; registration of the Nordpanel device and verification that it is actually available to the User; the User’s choice of service to purchase with their express acceptance of the hereof contract terms and conditions, their confirmation of having read the Privacy Policy applied by owner, their acceptance of the possibility that the OEM might access the data without direct reference to the User’s name; emailing the order confirmation and providing an invoice when required.
3.2 The owner reserves any and utmost discretion in accepting or not the User’s purchase request, even solely on the basis of country of residence.
3.3 The User hereby agrees that the acceptance of Nordpanel might occur also through concluding steps, such as - but not limited to - enabling the User to use the Nordpanel Service.
4. Duration and right to terminate the contract
4.1 Contract duration is established by the purchase order chosen by the User on the Nordpanel website
4.2 The owner has the faculty to terminate the Contract at any time prior to noticing the decision according to procedures at paragraph 16.
4.3 The Client can terminate the Contract and request a refund only for remaining periods of time of over 4 months, in which the service has not been used in part or in full.
5. Due payment
5.1. The payment for the Service provided to the User during the validity period of the Contract is written in the Price List unilaterally set up by owner, which is understood as expressly accepted by the User with the confirmation of the Purchase Order.
5.2 The owner reserves the right to make adjustments to the Price List at any time.
6. Access to the Service
6.1 The User will be enabled to access the Nordpanel Service, through the use of a username and password established on the Nordpanel portal at the end of the online registration and purchase procedure.
6.1b Nordpanel requires a secure password with a validity of 90 days
6.2 The owner is expressly exonerated from verifying the real identity of the persons accessing the Service and their correspondence to the User and to the personal details provided during the registration procedure. The User is bound to provide truthful information and the responsibility of having provided untruthful information falls upon themselves.
6.3 The User takes the risk of unlawful use of username and password by the persons to whom they have directly or indirectly revealed said information.
6.4. The User is aware and accepts the fact that in order to use the Service it is necessary to be equipped with the appropriate hardware and software and an Internet connection service compatible with the standards of the Service provided by owner.
6.5 Under no circumstance will owner be deemed responsible for Service malfunction, or for damages that may occur due to causes and facts attributable to inefficiency of the hardware and software and/or internet connection used by the User, and/or for any service provided by third parties which is necessary in order to use the Service, such as the lack of GSM coverage in the area of the Nordpanel device.
7. Localisation devices: use, return policy, compensation
7.1 When purchasing the Nordpanel Service, owner also provides the User with a SIM, on loan for use, in order to transmit the necessary data for the Service to function.
7.2 The User herby commits to use the localisation devices and other possible additional equipment exclusively for the purposes connected to the use of the Nordpanel service, undertaking not to tamper with then, not even in the case of their malfunction.
7.3 In case of malfunctioning due to production or design defects – except for the provisions in the following art. 7.5 – owner will replace the defective device, free of charge, according to the warranty terms and conditions provided by law.
7.4 In any case, the User commits to use the devices in compliance with the provisions in art. 1804 of the Italian Civil Code and to adhere to the provisions of art. 1803 – 1812 of the Italian Civil Code.
7.5 Any damage caused by bumps, accidental fall, liquid spill, burning and short-circuit or anyhow caused by improper use of the device, non-complying with the indications provided in the Manual or by tampering with the devices will render the warranty void.
7.6 Except for the provisions in art. 7.3, under no circumstance shall owner be held responsible for damages for the User and/or third parties caused by the malfunctioning or non-functioning of the Nordpanel service.
8. Service provision
8.1 The owner is responsible for Service management, and may avail itself of services provided by third parties, for the sole purpose of providing the Service, as stated in the Privacy policy.
8.2 The owner reserves the right to suspend or temporarily interrupt the Service without prior notice and without any responsibility whatsoever in case of technical requirements, including but not limited to damages, maintenance, equipment replacement, ordinary and extraordinary maintenance, system implementations.
8.3 The owner shall not grant discounts and/or reimbursements for service interruptions of under 7 (seven) consecutive days.
9. Service modification
9.1. The owner reserves the faculty to modify – at any time - the terms and conditions of the Service, the technical characteristics, the Price List, and the present General Terms and Conditions. The updated version is available at any time at www.nordpanel.it
10. User obligations
10.1 The User undertakes to use the Service exclusively for lawful purposes, committing to indemnify and not hold responsible the owner for any damage caused by unlawful use.
10.2 The User undertakes to indemnify and not hold responsible the owner, substantially and procedurally, for any damage, loss, cost or expense, also legal expense, that Nordpanel might suffer due to the provision of untruthful and/or incomplete information.
11. Ownership and use of the information
11.1 With the completion of the Contract the User does not purchase any additional right except for the right to use the Service. Namely, the User does not purchase intellectual and/or industrial property rights, nor economic exploitation of anything that constitutes the Service, including but not limited to the databases, information, trademarks, patents, logos, devices for localisation and any other graphic and/or structural element made available to the User through the Service, since said rights are the exclusive property of owner.
11.2 The owner is the Data controller as provided in the privacy policy.
12. Internet network security
12.1 The User is perfectly aware of the characteristics of the digital transmission networks and their limits. Namely, the User acknowledges that the transmission of information on the internet is subject to real technical problems of reliability and to periods of saturation during particular times of day.
12.2 The owner adopts suitable and adequate IT security measures in compliance with the provisions of the privacy code.
13. Data protection and publishing network
13.1 The User expressly undertakes the direct and/or indirect transfer of the necessary information to owner in order to use the service, as well as their memorisation and conservation of said information in owner’s databases. Furthermore, the User expressly undertakes the direct and/or indirect transfer of the necessary information in order to use third party applications as part of the the Service, as well as the memorisation and conservation of said information as provide in the privacy policy.
14. Prohibition on transfer of the contract
14.1 The User shall not transfer the Contract to third parties, neither free of charge or against payment, temporarily or permanently.
14.2 The User hereby allows owner to transfer the present Contract, in whole or in part, to companies which are part of the same group as owner or third parties, except for the User’s possibility to freely withdraw from the Contract, following the procedures in art. 4, in the event of transfer of the Contract to third parties.
15. Breach of the Contract and its termination
15.1 The owner will have the faculty to terminate the Contract, as for art. 1456 of the Italian Civil Code, in any case of breach or violation of the User obligations undertaken with the present Contract.
15.2 In any case, with the termination of the Contract due to a User’s breach, owner shall have the right to withhold any form of already received payment from the User, except for the right to compensation for any major damage.
16. Notifications
16.1 All the User’s notifications to Nordpanel shall be sent by registered mail or certified email (nordelettronicasrl@pec.it).
16.2 All notifications concerning the Contract shall be sent by Nordpanel to the User via email, to the email address provided by the User during registration, which is considered the sole and exclusive contact for any notification.
17. Applicable law and jurisdiction
17.1 The present Contract is regulated by the Italian law. Any dispute concerning the present Contract, including its interpretation and implementation, shall be under the exclusive jurisdiction of the Court of justice of Treviso (Italy).
Update, 18-01-2022