Conditions générales d'utilisation du portail « YouDriver.com »
CONDITIONS OF SERVICE AND USE OF THE "YOUDRIVER.COM" PORTAL BY CUSTOMERS
The subject of these conditions of service is use of the portal called "YouDriver.com" belonging to Driver Solutions S.r.l. unipersonale, Piazza Falcone e Borsellino, No. 2, 47814 Bellaria Igea Marina (RN), hereinafter, for the sake of brevity, also "the Portal" or "YouDriver" or the "Platform", as Internet service provider for the placement and publication of the various services offered by operators in the field of vehicles equipped with internal combustion engines, such as for example: mechanical workshops, tyre shops, body shops, auto electricians, car dealers, spare parts dealers, demolition businesses and any other business related to the automotive sector) and vehicles equipped without internal combustion engine (such as, for example: electric motors, bicycles). The owner of the YouDriver.com platform, therefore the owner of the rights and obligations arising from these general conditions of use is Driver Solutions s.r.l. YouDriver is a platform created with the aim of connecting business owners connected in some way to the sector of vehicles equipped with or without an internal combustion engine, with potential customers, designed precisely to facilitate the meeting of these parties and their respective needs. Customers entering the site will be able to view the ads and offers of Users, as long as they are registered as Customers on the Portal and are also members of the YouDriver circuit. Everything is to be done in compliance with these conditions, the law and morality. The Portal is offered under these conditions of service, none of which are exclusive, with express acceptance of all terms, attachments and limitations, to be considered known, shared, accepted and an integral part hereof. The terms and conditions of service can be viewed at any time in the relevant section of the portal www.youdriver.com and of the Application.
Visiting the Site implies knowledge of these general conditions of use, knowledge of the purposes of the Site and what it offers to Customers. By entering the Site, the Customer undertakes to comply with these general conditions of use which he expressly declares to accept. By logging in to the site, the Customer undertakes to use it for personal purposes in a lawful manner, and use the information and content contained therein only for permitted purposes.
The platform allows the Customer to register, enter the personal information required, such as: first name, last name, city of residence, email, telephone number, date of birth, gender, interests, personal photo, social profile cover photo and any other data that YouDriver may require and consider useful for use of the platform. The Customer declares that he/she is of legal age and guarantees that the information entered is true. The Customer declares that he/she uses the site for the sole purpose of consulting the database, services and publications contained in it, as published and placed by the Users of the site itself, i.e. those operating the businesses of mechanical workshop, car dealer, auto parts dealer, car demolition businesses or in any case relating to the sector of vehicles equipped with or without an internal combustion engine. The Customer will be allowed:
- to search a list of operators the businesses described above located throughout Italy or in other countries where YouDriver has a presence, in the free YouDriver database;
- to search the businesses of Users registered on the Site and therefore belonging to YouDriver circuit;
- to view details about the User’s business, such as for example: a gallery, name of the business, address, location on the map, description, opening and closing hours, services offered, any sub-services, additional services and brands handled;
- to leave a review on the business and services of the User actually received, in a special section and under the conditions set out below;
- to take advantage of the "YouDriver Card" discounts, if any, by actually going to the User and using the scanning mechanism of the "Fidelity Card" present on the mobile application;
- to contact the User to request quotes or appointment;
- to buy and sell used items through the appropriate market section;
- to create a social profile in which to publish personal posts consisting of picture and text, in compliance with the conditions below;
- to follow the public social profiles of other YouDriver Customers and Users registered on the platform;
- to show approval of social posts by leaving an emoticon (angry, sad, in love, etc.);
- to leave comments on social posts of other Users and Customers.
OPERATING METHODS OF THE SERVICES
Customers may use all the features of the Site as given in the examples above and also those not specified, but possible, or those that will be put in place at a later date, provided they are lawful and in compliance with these general conditions of use, with Italian and European civil and criminal laws, and more generally in compliance with regulations in force on the subject.
The Customer assumes personal responsibility for any use that does not comply with or is contrary to the purposes of the Site, regulations in force, or use that is prejudicial to YouDriver or the Users and in any case is solely responsible for all damages in any way caused by his actions at the Site or connected to it. The Customer is also personally responsible for the comments and posts in the social section left in the dedicated sections, so he is the only one responsible in case of false, harmful, defamatory, racist or prejudicial comments or the source of a possible punitive or compensatory claim by the data subject. The Customer is solely liable to Users or third parties for any and all damages that may arise from incorrect use of the platform; the placement, publication and dissemination of information that is false or not entirely accurate, infringement on trademarks, patents or any other form subject to protection of industrial or intellectual property right; leaving comments or content that damage or otherwise prejudice the reputation of YouDriver, other Users or third parties; entering information contrary to the purposes of this agreement or contrary to the terms of service and use.
The Customer undertakes from now on to indemnify and hold harmless YouDriver.com (and for it Driver Solutions s.r.l.) by any claim or request from third parties, due to any violation of these terms of service or use of the platform. The Customer therefore undertakes to indemnify and hold harmless YouDriver (and for it Driver Solutions s.r.l.) by any claim for damages that may be received for the causes described above or other causes not expressly provided for, in any way related or connected with use of the Portal. The Customer also agrees to pay any damages suffered by YouDriver (and for it Driver Solutions s.r.l.) for the violations mentioned above, including legal fees necessarily incurred.
No contracts will be concluded on the YouDriver.com Portal between the Workshop and the final Customer. Any relationship between them will be managed independently in every aspect. YouDriver as well as Driver Solutions s.r.l. is excluded from any negotiation, contract or relationship of any kind whatsoever between User and Customer and cannot in any case be considered a party or mediator or intermediary.
These general conditions of use are subject to Italian law and the rules of its legal system.
Any dispute arising out of or in connection with this agreement shall be settled by the Court of Rimini.
PRIVACY AND DATA PROTECTION
YouDriver undertakes to comply with regulations currently in force regarding the protection of personal data and privacy, as per Legislative Decree 196 of 2003, as amended, as well as with the provisions expressly indicated in Annex C) entitled "Protection of personal data". It also undertakes to take the appropriate measures to ensure fair and transparent processing of the data collected, limiting their use to what is strictly necessary for execution hereof. YouDriver will be responsible for the data collected on its platform as soon as it is actually entered on it. The Customer consents to YouDriver to use the data entered for the purposes set out herein, in particular to enter them into its own database, to share them, to advertise them and for any other use necessary to achieve the purpose hereof.
Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the User expressly approves the following articles of this contract:
- PRIVACY AND DATA PROTECTION