General Conditions

Legal notice.

Please read the following terms and conditions carefully before using this website.

The browsing and utilisation of the website accessible at the URL www.carnext.it (from now on referred to as the “Site”) connote the full acceptance of these General Conditions of use for the utilisation of the individual services and/or content (from now on referred to as the “Services”) available on the Site and published on the various pages and in the various sections of the Site. The user declares that he or she has read these General Conditions of Use and any other note, legal notice, statement or disclaimer published anywhere on the Site and that he or she accepts the content of said texts.

The obligations and guarantees specified below are made by the user both for himself or herself and for any third party associated with him or her who is using the Site, whether authorised by him or her to do so or not.

1. SUBJECT.

These General Conditions govern the terms of use of the Services that CarNext Italia S.r.l., a company with its registered offices at No. 2/A, Via Guido Miglioli, Cernusco sul Naviglio (MI), Postal Code 20063, Italy, tel. +39 06 59 627 627 – fax +39 06 59 627 396 – e-mail: informazioni@leaseplan.it, offers to its clients and/or user base.

The use of this Site and the possibility to access the Services is conditional upon the acceptance of the General Conditions set out below. If you do not intend to accept these terms, please refrain from using the Site and from downloading any material from it.

Access to certain Services on the Site may connote the acceptance on the part of the user of additional conditions and terms of use, which – in certain instances – may substitute, integrate and/or modify the General Conditions.

2. OBLIGATORY GENERAL INFORMATION.

In accordance with Article 7 of Italian Legislative Decree No. 70 of 9 April 2003, the obligatory general information is set out below.

The Site is published by CarNext Italia S.r.l., a company with its registered offices at No. 2/A, Via Guido Miglioli, Cernusco sul Naviglio (MI), Postal Code 20063, Italy, which appears in the Companies’ Register of Milan with REA No. 1887548 and has VAT Registration No. IT 06362860964

The details that allow you to contact CarNext Italia S.r.l. rapidly and to communicate directly and efficiently with the company are as follows:
tel. +39 06 59 627 627
fax +39 06 59 627 396
e-mail: informazioni@leaseplan.it .

3. REGISTRATION.

Users who intend to use the Services offered on the Site should, in certain cases, register – i.e. provide certain personal details to CarNext Italia S.r.l. Anyone who intends to register is required to guarantee that the personal details supplied are true, correct and up to date, and the registrant takes all responsibility in relation to the accuracy and truthfulness of the
information provided. Should the information supplied by the registrant subsequently change, the registrant will be responsible for informing CarNext Italia S.r.l. of the changes as soon as possible.

4. USE OF THE SERVICES AND INFORMATION. GUARANTEES AND RESPONSIBILITIES OF THE USER.

The information available on the Site can be used free of charge. The information contained in the site is for purely informative purposes and, unless specifically stated otherwise (e.g. commercial offers, discounts, promotions, etc.), does not constitute a contractual proposal nor an offer to the public – as per the terms of Article 1336 of the Italian Civil Code – of the products and/or services described, nor can it be considered binding with reference to any negotiations or commercial relationship.

Within the limits of what is permitted by the current applicable regulations, and unless otherwise specified on the basis of ethical constraints and/or generally acknowledged commercial practices, users recognise that the use of the Site takes place at his or her exclusive risk. The Site is supplied “as is” and “as available”. CarNext Italia S.r.l. offers no specific guarantee in relation to the results that can be expected, hoped for or obtained through the use of the Site.

Within the limits set out in Article 1229 of the Italian Civil Code, users declare and guarantee that they will indemnify CarNext Italia S.r.l, its representatives, employees, collaborators, shareholders and its partners against any claim for compensation, including legal costs, that may be made against them in relation to the use of the Site. If the applicable legislation does not allow for an exoneration of responsibility, the responsibility of CarNext Italia S.r.l. must in any case be limited to the minimum extent permitted by law.

CarNext Italia S.r.l. declines all responsibility for any claims made by users relating to the impossibility of utilising the Site and/or the Services for whatever reason. CarNext Italia S.r.l. may not be deemed to have failed to fulfil its obligations or to be responsible for direct or indirect damages or losses incurred by, or claims made against, users due to the malfunctionality or defective functionality of the users’ own electronic equipment or that of third parties, including Internet Service Providers, or of telephone and/or internet connections not directly managed by CarNext Italia S.r.l. or by parties to which CarNext Italia S.r.l. is required to answer, or due to the actions of other users or other people with access to the network.

CarNext Italia S.r.l. reserves the right at all times to disconnect, permanently or temporarily, the Services (or any part of them). The user acknowledges that CarNext Italia S.r.l. may not, in any way, be held responsible in relation to the user base or in relation to third parties for the suspension or interruption of the Services, without prejudice to specific, divergent or additional contractual obligations assumed vis-à-vis users in this regard.

Any (textual or graphical) information relating to the goods and/or services offered on the Site but which comes directly from suppliers of CarNext Italia S.r.l. shall not connote any responsibility for CarNext Italia S.r.l., since the individual suppliers shall assume exclusive responsibility for the indications, specifications and descriptions displayed on the Site. As a result, CarNext Italia S.r.l. accepts no responsibility in relation to inaccuracies, graphical errors of explicit or implicit guarantees on the information, content and software, or the marketability and suitability to specific purposes of the data, goods and services, communicated or offered by the suppliers on the Site. On request and within the legal limits, CarNext Italia S.r.l. will provide the names, addresses and any other information required to identify the supplier and/or producer of the goods and services being offered.

The user commits to using the Site and the Services offered by the Site in a diligent, fair and legal manner, and for example (please note that the following list is not comprehensive), commits to refraining from:

1. any improper use of the Site that fails to comply with the law, with these conditions of use or with any of the other indications published on this site, or that is contrary to morality and public decency
2. any action that may prejudice the rights and interests of CarNext Italia S.r.l. and/or of third parties, including intellectual or industrial property rights, or any action that may damage, degrade or prevent in any way the normal utilisation of the Site, or of electronic media, documents, files and any class of content stored on the Site
3. reproducing, copying, transforming, distributing, making available or disclosing in any other form to other sites or to the public any material and/or information contained on this Site, unless such action has been expressly authorised by CarNext Italia S.r.l.

The user accepts that any information or material that he or she provides to CarNext Italia S.r.l. by e-mail or other means of communication shall not be considered confidential. By providing said information or material to CarNext Italia S.r.l., the user assigns and transfers completely and free of charge to CarNext Italia S.r.l. all intellectual property rights relating to said information and material (without prejudice to those cases of pre-existing exclusive rights or to the application of the regulations on the protection of know-how contained in Italian Legislative Decree 30/2005 and of those regulations that are generally applicable to the protection of industrial and corporate secrets); within the envisaged limits, CarNext Italia S.r.l. shall, therefore, be free to use, reproduce, transmit, distribute, modify, assign or license said information and material. Without prejudice to the limits set out above, CarNext Italia S.r.l. shall be free to utilise all of the ideas, concepts, know-how or technical expertise contained in said information and material, for any purpose, including the development, production and marketing of products that use said information and material.

CarNext Italia S.r.l. accepts no responsibility for the (textual or graphical) information, documents or material entered by users on the Site during the use of particular Services.
The user agrees and accepts that all the information, data, software, music, sounds, photographs, images, videos, messages or any other material (“Content”), whether publicly accessible or privately transmitted, fall under the sole, exclusive responsibility of those who are the source of the content. This means that the user (and his or her employees, collaborators, assignees, etc.), and not CarNext Italia S.r.l., is the sole and exclusive party responsible for any content uploaded, published, sent by e-mail or in any other way transmitted or disseminated via the Site by the user.

The user commits not to use the Services or any other service or functionality of the Site to:

1. upload, publish, send or in any other way transmit or disseminate content that is illicit, damaging, threatening, abusive, disturbing, defamatory and/or slanderous, vulgar, obscene, harmful to the privacy of others, racist, classist or in any way reprehensible
2. cause damage, in any way, to minors
3. falsify his or her own identity by presenting himself or herself as a representative of CarNext Italia S.r.l., or in any other way lie about his or her relationship with other parties
4. create letterheads or in any other way manipulate distinctive signs or indications with a view to counterfeiting the source of content transmitted or disseminated via the Services, the general services or any other type of functionality available on the site
5. upload, publish, sent privately or in any other way transmit or disseminate content that he or she does not have the right to transmit or disseminate by virtue of a legal or contractual provision or due to a trust-based relationship (such as, for example, reserved or confidential information of which he or she has become aware as a result of a working relationship or that is protected by a confidentiality agreement)
6. upload, publish, send privately or in any other way transmit or disseminate content that connotes the violation of patents, trademarks, secrets, copyright or other industrial and/or intellectual property rights of third parties
7. upload, publish, send privately or in any other way transmit or disseminate publicity, promotional material, junk mail, spam, chain letters, pyramids or any other form of unauthorised, unrequested solicitation
8. upload, put up, send or in any other way transmit or disseminate any material that contains viruses or other codes, files or programs created to interrupt, destroy or limit the functionality of the software, hardware or telecommunication systems of third parties
9. interrupt the normal carrying out of communications or, in any case, act in ways that compromise the capacity of other users to exchange information in real time
10. interfere or interrupt the Services and/or the servers connected with the Services
11. violate, intentionally or not, any law or applicable regulation
12. persecute or in any other way harass third parties; collect or store the personal details of other users.

In any case, it is expressly acknowledged that CarNext Italia S.r.l., at the request of the competent authorities and in response to the proven illegality and/or offensiveness of any content autonomously inserted into the Site via the aforementioned Services or any other functionality available on the Site, will act immediately to remove promptly said content, in line with the technical timescales required to carry out such an operation, revoking the authorisation granted to the user responsible to access the Site.
CarNext Italia S.r.l. reserves the right to undertake the necessary action against users who fail to act in full compliance, with particular reference to the content of this section.

5. LINKS TO OR FROM OTHER INTERNET RESOURCES.

The Site may offer links to other websites or other Internet resources. The user acknowledges and recognises that CarNext Italia S.r.l. cannot be held in any way responsible for the functionality of said external sites or resources.

Links to the Site – hypertextual and other types of links, or links based on any type of technology – cannot be created without the prior written consent of CarNext Italia S.r.l. In any case, the creation of said links, even when authorised, shall not give rise to any responsibility for CarNext Italia S.r.l., without prejudice to the fact that CarNext Italia S.r.l. reserves the right to request at any time the removal of said links.

CarNext Italia S.r.l. is not required to monitor, and does not monitor, the content of said sites and accepts no responsibility for the content and/or material, including publicity material, displayed on said sites or external resources or for the products and services offered therein. Said products or services cannot be deemed in any way to be sponsored, shared or supported by CarNext Italia S.r.l., and as such the user accepts all responsibility for the use and any purchases made of said services or products.

6. INTELLECTUAL AND INDUSTRIAL PROPERTY.

The Site and all of its content are the exclusive, reserved property of CarNext Italia S.r.l., and/or its assignees and/or third parties where indicated, and are protected by current national and international regulations on the protection of intellectual and/or industrial property.

By the term “Site”, for the purposes of the applicability of the content of this section, CarNext Italia S.r.l. intends to refer to any content and technical/technological element comprising the Site, including (the following list is for illustrative purposes only and is not comprehensive): the software that enables its operation and the relevant codes, the electronic data bases, the texts, the photographs, the animations, the audio and video files (regardless of their format), the reproduction of trademarks, logos, etc., the technical solutions implemented, the graphic design, the structure and any other part already created or to be created.

By the term “intellectual and industrial property rights” in relation to the Site, CarNext Italia S.r.l. intends to refer to the set of rights acknowledged and protected by current national and international regulations, including – for example (this list is for illustrative purposes only and is not comprehensive), and covering all the States of the world, without limitation – all rights deriving from patents (including the right to deposit the relevant patent request), current and future copyrights, trademarks and/or service marks (both registered and in de facto use by CarNext Italia S.r.l.), brands, commercial names, companies, know-how, domain names, databases and all relevant applications.

By the term “material”, CarNext Italia S.r.l. intends to refer to all content on the Site represented – for example (this list is for illustrative purposes only and is not comprehensive) – by texts, images, graphic designs, files, software of any type, audio material, videos, virtual animation, and multimedia and/or hypertext components, regardless of the formats, the media that contain the material, the extension – for example (this list is for illustrative purposes only and is not comprehensive: .mp3, .wav, .jpg, .mpeg, .gif, .doc, etc.) – the dimensions, the versions in use, and the techniques used for the material’s distribution and/or transmission.

The material published on the Site (e.g. product sheets, vehicle sheets, technical sheets, etc.) may be freely used under the following conditions:

1. the material must remain in its original format and, when reproduced, must always contain an indication that it is the property of CarNext Italia S.r.l. and/or of third parties, or indications on copyright or on the author
2. the use, in any capacity and for any purpose, must not be on a for-profit basis
3. the source and author of, and/or owner of the rights to, the material and the web address from which the material has been taken
4. the use in any way and in any capacity of material represented by legal texts (e.g.: statements, contractual conditions, etc.) published online is prohibited. All violations shall be subject to legal prosecution.

To include material published on the Site in CD-ROMs, software compilations, etc. it is necessary to request written authorisation from CarNext Italia S.r.l., its assignees or third parties that may be the owners of the rights to material published on the Site.

The reproduction and use of articles and informative material contained in the “Press Cuttings” or “Press Room” sections of the Site must comply with the terms of Articles 65 and 101 of Italian Law No. 633 of 22 April 1941 and subsequent revisions and additions, which envisage: (Art. 65) “news items concerning economics, politics or religion published in magazines or newspapers, or broadcast on the radio or make generally available to the public, and other material of the same type, may be freely reproduced or communicated to the public in other magazines or newspapers, or on television or radio programmes, if the reproduction or utilisation has not been expressly reserved, and on condition that an indication is provided of the source from which the material has been taken, as well as the date and the name of the author, if reported in the original source”; (Art. 101) “the reproduction of information and news is permitted on condition that it has not been carried out through acts contrary to fair use in journalistic material and on condition that the source is cited”.

All rights to the electronic databases featured (and consultable) on the Site are reserved by CarNext Italia S.r.l., which allows their consultation only. Unless otherwise stated, it is prohibited to extract, reproduce or make any other use of the databases, within the limits envisaged by sections d) and e) of Article 64 of Law No. 633 of 22 April 1941 and subsequent revisions and additions. On this point, please note that, in accordance with the terms of section b of Article 102 of the aforementioned legislation, legitimate users of the electronic database made available to the public may not cause damage to the owner of the copyright or of another associated right relating to works or services contained in said database. In addition, legitimate users of a database made available in any way to the public may not carry out operations that are contrary to the normal management of the database or that cause unjustifiable harm to the founder of the database.

The activities of extraction or re-use of non-substantial parts, evaluated in qualitative and quantitative terms, of the content of the database carried out for any purpose by legitimate users are not subject to the authorisation of the founder of the database being made available to the public for whatever reason.

For any clarification on the use of the material available on the Site and/or on the intellectual and property rights, you can contact a member of staff of LeasePlan Italia S.p.A. at the following e-mail address: informazioni@leaseplan.it.

The material published on the site has been carefully screened and analysed, and has been painstakingly drafted. In any case, the Site may contain errors, inaccuracies or emissions. CarNext Italia S.r.l. may not be held responsible – with reference to material freely available for consultation on the Site – for errors and omissions nor for any reliance that the user has on the material.

Unless otherwise specified, the information contained in the material is intended exclusively for informative purposes and purposes of keeping users updated, and is not exhaustive. The material may not be interpreted as expressing an opinion or an indication or condition with a view to taking decisions. CarNext Italia S.r.l. may not be held responsible for any action or omission caused by users following use of the information contained in the material without having first requested specific details or opinions on the subject from CarNext Italia S.r.l.

The user commits to respecting scrupulously the conditions of use of the material on the Site and to respecting all of the intellectual and industrial property rights pertaining to it. The user will be liable for all illegal or damaging acts attributable to him or her, indemnifying CarNext Italia S.r.l. fully should the violation of national and/or international regulations on the protection of intellectual and/or industrial property rights – therein fully stated and applicable as regards anything not expressly provided for herein – harm the rights of third parties in general.

7. MODIFICATIONS, APPLICABLE LAW AND JURISDICTION.

CarNext Italia S.r.l. reserves the right to make changes to the Site, to these General Conditions and to other legal notices wherever they may be published on the Site at any time. Upon consulting the site, the user must always refer to the text of the General Conditions and of the other legal notices as the current version.

The modifications will come into force when the relevant notice is published on the Site. Should the user continue to use the site following a modification, he or she will be deemed to have accepted said modifications.

All users may verify at any time, by visiting the www.carnext.it/disclaimer page, the latest version of the terms and conditions of use of the Site, as updated from time to time by CarNext Italia S.r.l.

The General Conditions, the other legal notices published on the Site and the relationships between CarNext Italia S.r.l. and the users of the Site have been set up on the basis of Italian law and are governed by Italian law. All disputes between CarNext Italia S.r.l. and users connecting to, or in any way associated with the use of, the Site and/or the Services shall be adjudicated upon under Italian law exclusively by the Court of Milan, within the limits set out in Article 5.1 of the Rome Convention of 1980 and by Articles 14 and 15 of the Brussels Convention and, where applicable, by the terms of Regulation (CE) No. 44/2001 of the European Council, dated 22 December 2000.

Should certain provisions of the General Conditions and/or the other legal notices published on the Site be judged invalid or inapplicable, they shall however be interpreted in such a way as to reflect the shared intentions of CarNext Italia S.r.l. and the users, in compliance with the
remaining provisions of the General Conditions and/or the other legal notices published on the Site.

Failure on the part of CarNext Italia S.r.l. to exercise the rights and provisions set out in the General Conditions and/or in the other legal notices published on the Site does not constitute a renunciation of those rights and provisions unless otherwise declared in writing by CarNext Italia S.r.l.

8. VARIOUS.

CarNext Italia S.r.l. shall be delighted to receive any information or suggestions from users relating to the Site and/or the Services. Users can contact CarNext Italia S.r.l. at the following e-mail address: informazioni@leaseplan.it; alternatively, they can write to the CarNext Italia S.r.l. correspondence address. All suggestions or information obtained by CarNext Italia S.r.l. in this way shall be treated as non-confidential information and may be used without limitation. The user will be held responsible should the information provided to CarNext Italia S.r.l. violate the rights of third parties. In cases in which there is a disagreement over the interpretation of a translated version of the General Conditions, it is acknowledged by the parties that the original version, drafted in Italian, shall take precedence.

© CarNext Italia S.r.l. All rights reserved.

In accordance with the terms of Section 2 of Article 1341 of the Italian Civil Code, the user declares that he or she has read carefully and specifically approves the following articles: Art. 1 – SUBJECT – Art. 3 – REGISTRATION. – Art. 4 – USE OF THE SERVICES AND INFORMATION. GUARANTEES AND RESPONSIBILITIES OF THE USER – Art. 6 INTELLECTUAL AND INDUSTRIAL PROPERTY – Art. 7 – MODIFICATIONS, APPLICABLE LAW AND JURISDICTION.