AZIMUT CHARTER CLUB SITE TERMS
Version updated 01.09.2023
The purpose of these site terms (“Site Terms“) is to regulate the methods of use of the following site https://charterclub.azimutyachts.com/ (the “Site“), made available by Azimut Benetti S.p.A., registered in the Companies’ Register of Lucca, with registered office in Viareggio (Lucca), Via Michele Coppino 104 (“Azimut” or the “Company“). As part of its policy of fairness and transparency, Azimut invites each user who consults the Site (the “User“), before beginning navigation, to read these Site Terms carefully.
The User undertakes to periodically review the Site Terms, it being understood that the Company shall do everything reasonably necessary and appropriate to bring to the knowledge of the User, by means of the Site, any variation of the Site Terms.
Amendments to the Site Terms shall be effective from the time of their publication on the Site.
The Company shall inform Users of changes to the Site Terms and/or the Services, by means of publication on the Site.
Changes and updates shall be deemed accepted by Users by connecting to the Site or by using the Site after the change has been posted on the Site.
If the User does not agree with the changes made, he/she is invited not to use the Site and, if he/she is a Registered User, he/she may request the deletion of his/her Profile by sending a request to this effect by email addressed to the Company. The Company will then proceed to delete the Registered User’s Profile.
Profile: Registered User’s personal account, created following Registration and containing personal data, contact data and billing data.
Registration: the procedure whereby the User provides the Company with certain information of a personal nature, indicating a valid personal e-mail address and creating his or her own personal account, in accordance with the relevant registration procedure outlined from time to time, to enable the Company to have sufficient data to provide the Services.
Services: the Charter service concerning the chartering by a Registered User of an Azimut yacht according to the main terms and conditions as described in greater detail on the Site.
User: collectively the Visiting User or Registered User and in any case anyone who uses or is going to use or benefit from the Services and/or the Site.
Registered User: any User who registers with the Site via Registration.
Visitor User: any User browsing the Site and/or using the functionalities made available to the generality of Users, without registering with the Site.
Article 1 – Scope of the Site Terms
These Site Terms define and govern the use of the Site by the User.
Article 2 – Access to the Site
Access to the Site is free of charge. However, the equipment and any connection fees for accessing the Site shall be borne by the User.
The Site is accessible to all Users.
The navigation of certain sections of the Site are also accessible free of charge to Visitor Users. The Services are only accessible to Registered Users.
The Company reserves the right to allow, even temporarily, Visitor Users the use of the Services and access to certain areas normally reserved for Registered Users.
The User undertakes to use the Site in accordance with its purpose and in compliance with legal and regulatory provisions as well as current practices, and not to deviate or attempt to deviate any of the Site’s functionalities outside of its normal use as defined in these Site Terms.
Article 3 – Site Registration
In order to use the Services, the Registration is required.
3.1. Method of registration on the Site
In order to use the Services, the User is required to carry out the Registration aimed at creating a Profile.
The Profile is associated with each Registered User and cannot therefore be used on behalf of any other natural or legal person, nor can several Profiles be created for the same Registered User.
Access to the Profile is permitted only by means of a username and password.
The Registered User may at any time access his/her Profile to update or modify the data entered. It is understood that the Registered User will be solely responsible for the veracity and updating of such information.
In the event that the User does not complete the Registration, the User may receive a limited number of communications inviting him/her to conclude the registration process and describing the service for which the registration procedure was initiated, without prejudice to the User’s right to cancel his/her Profile from the Site by writing to firstname.lastname@example.org with the subject “Cancellation request”.
The Registered User undertakes to provide a personal e-mail address, which he/she guarantees is legally available and which he/she accesses regularly. The Registered User also undertakes to promptly update his/her e-mail address registered on the Profile in the event of a change. Profiles registered with an e-mail address belonging to parties other than the Registered User or with temporary e-mail addresses may be deleted by Azimut without notice.
3.3. Deleting the Profile
Registered Users may at any time request the deletion of his/her Profile by sending a request to that effect to the Company by e-mail to the address: email@example.com. The Company will then proceed to delete the Registered User’s Profile.
Article 4 – Site Content – Intellectual Property
All data of any nature, and in particular text, articles, questionnaires, graphics, logos, icons, images, audio or video clips, photographs, trademarks, software, and features of the Site that appear on the Site are the property of Azimut and are protected by copyright. No part of the Site may be used, reproduced, represented, transmitted, fractionated, indexed or extracted by any technical process without the prior written consent of Azimut.
The User is expressly prohibited from extracting, by permanent or temporary transfer, all or a qualitatively or quantitatively substantial part of the content of the Site databases to another medium, by whatever means and in whatever form.
Article 5 – Management of Site Changes
Azimut will make every effort to ensure the proper functioning of the Site and undertakes to make it secure. Azimut does not guarantee the availability and continuity of the operation of the Site to the User.
To ensure the proper functioning of the Site, particularly in the context of ordinary and extraordinary maintenance operations, updates and technical improvements, Azimut reserves the right at any time to:
– suspend, interrupt or limit access to all or part of the Site;
– remove any information that may hinder the operation of the Site or that may be in conflict with any applicable law or regulation.
Azimut undertakes to carry out or have carried out any maintenance work necessary to restore the correct operation of the Site as soon as possible.
Article 6 – Liability
Azimut shall not be held liable for any indirect, incidental or consequential damage, whether foreseeable or unforeseeable, caused to the User or third parties and, in particular, for loss of earnings or profit, loss of data or equipment, including the costs of recovering, reproducing, repairing such losses, arising from the use of the Site.
Azimut disclaims all liability for information, data and any technical or other inaccuracies that may be contained in the Site.
In view of issues related to the saturation and/or availability of the internet network, as well as as as a result of ordinary and extraordinary maintenance, technical updates and content changes, access to the Site may be interrupted or restricted at any time, for reasons not attributable to Azimut and for which the latter cannot be held liable.
The Company shall not be liable for any damages resulting from inaccessibility to the Services due to problems related to the network, providers or telephone and/or telematic connections over which the Company has no control, failure and/or malfunction of the User’s electronic equipment or the Company’s suppliers.
The Company assumes no responsibility for content created or published on third party sites with which the Site has a hypertext link. The User who decides to visit a website linked to the Site does so at his/her own risk, assuming the burden of taking all necessary measures against viruses or other malware.
Article 7 – Termination and Complaints
The Company reserves the right to delete the Profile and/or not to allow the User, and/or the Register User as the case may be, access and use of the Site and the Services or any part thereof, at any time and with immediate effect, in the event of continued non-access by the User and/or in the event of breach by the User of his/her obligations under these Site Terms.
The Company also reserves the right to cease providing access to the Site, in whole or in part, at any time and with reasonable notice. In such cases, the Company shall promptly notify Registered Users and/or Users in general, by e-mail and/or by means of a notice on the Site.
For any communications or complaints, the User may contact the Company at e-mail: firstname.lastname@example.org, or by telephone number +39 01193161.
Article 8 – Personal Data
Article 9 – Applicable Law and Jurisdiction
These Site Terms shall be governed by and construed in accordance with the laws of Italy.
Without prejudice to the case in which the regulations provided for by the Consumer Code are applicable, any disputes relating to the interpretation and application or breach of these Site Terms, including the documents referred to herein and the other legal notices published on the Site and, in general, the relations between the Company and the Users shall be deferred to the Court of Turin.
9.1 Out-of-court conciliation
Pursuant to Article 141-sexies, paragraph 3 of Legislative Decree no. 206 of 6 September 2005 (“Consumer Code”), the Company informs the User who qualifies as a consumer pursuant to Article 3, paragraph 1, lett. a) of the Consumer Code, that in the event that he/she has submitted a complaint directly to the Company, as a result of which it has nevertheless not been possible to resolve the dispute thus arising, the Company will provide information regarding the Alternative Dispute Resolution (“ADR”) body or bodies for the out-of-court settlement of disputes relating to these Site Terms (so-called ADR bodies, as indicated in articles 141-bis et seq. of the Consumer Code).
The Company also informs the User who qualifies as a consumer pursuant to Article 3, paragraph 1, letter a) of the Consumer Code that a European platform for the online resolution of consumer disputes has been established (the so-called “ODR” or “Online Dispute Resolution” platform). The ODR online platform can be consulted at https://ec.europa.eu/odr/; through the ODR platform the consumer User can consult the list of ADR entities, find the link to the site of each of them and initiate an online dispute resolution procedure for the dispute in which he/she is involved. This is without prejudice, in any case, to the possibility, where the conditions are met, to initiate an out-of-court settlement of disputes concerning consumer contracts through recourse to the procedures set out in Part V, Title II-bis of the Consumer Code. The User residing in a member state of the European Union other than Italy, may also have access, for any dispute relating to the application, execution and interpretation of these Site Terms, to the European procedure established for small claims, by Council Regulation (EC) No. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, Euro 5,000.00. The text of the regulation can be found at www.eur-lex.europa.eu.
9.2. Further Disputes
Any disputes connected with and related to the use of the Site and the Services contemplated therein, which are not susceptible to settlement through ADR entities, are reserved to the Italian jurisdiction and to the mandatory and exclusive territorial competence of the Court of Turin.