TERMS AND CONDITIONS

WEBSITE CONDITIONS OF USE

By accessing this website (the “Website”), the users (“Users”) shall be deemed to have accepted the terms and conditions below. These terms and conditions may be updated and/or amended at any time at the sole discretion of Clickar Srl (hereinafter “Clickar”) without the need to provide prior notice to the Users.

Accessing the Website and using its content

Clickar shall bear no liability whatsoever for the Users’ access to the Website, the Users’ use of its content, or for the accuracy and/or completeness thereof.

The Website and Website Contents

Clickar is the manager of the online marketplace which facilitates the conclusion of a possible multilateral preliminary purchase agreement for the Vehicle advertised. In this regard, it is specified that: a) the commercial term “auction” and/or “auctions” is defined as the pricing mechanism which enables Users to bid for the purchase of the Vehicle through the procedures put in place by Clickar (including temporary procedures) on the Website, thereby allowing the Website to identify the Winning Bidder; b) in no case may a purchase agreement be entered into through the Website between a Seller and individuals interested in the Vehicles, including those in auction. 

All Website content without exception (including but not limited to: news, photos, videos, sounds, trademarks, logos, domain names, software, graphic layouts, technical documentation and manuals, etc.) and the rights associated therewith are reserved. Said content shall, therefore, only be accessed by Users for the purpose of personal information, it being expressly forbidden to make any other use thereof without the prior written consent of Clickar or other rights holders.

Intellectual property

All Website content – including the trademarks mentioned or reproduced on the Website, designs and patents relating to the products on the Website – are subject to copyright rules and other applicable regulations on intellectual property protection and, therefore, may not be reproduced, modified or used, in whole or in part, without the prior written consent of Clickar or other rights holders.

Liability

Clickar bears no liability for the information and instructions contained on the Website. Specifically, said information contains no implied promise or guarantee of the Products’ composition or suitability for a particular purpose, or that the Products do not infringe any third-party rights or regulations. Clickar shall not be held liable for any damage, be it direct or indirect, including lost profits, arising from the use or inability to use the Website or its contents, or websites linked directly or indirectly thereto, or for any omissions or errors.

Third-party intellectual property

The Website is managed by Clickar in compliance with third-party intellectual property rights. Some materials on the Website may be published and made available on the Website by third parties without Clickar’s authorisation; Clickar does not allow materials that infringe the rights of third parties to remain on the Website and, as such, User accounts which infringe said rights shall be deleted once Clickar becomes aware of such infringement; the respective Products and/or materials advertised shall also be promptly removed.

Should a User believe that any materials on the Website infringe their rights, said User must send Clickar a statement containing the following information:

• information to identify the infringed right or, in the case of multiple infringements, the list of all infringements detected;
• information to identify the material(s) on the Website that infringes said right(s), which they wish to be removed or disabled;
• a statement that the use of the material(s) in question was not authorised by the rights holder or their agents or legal representatives;
• a statement that the information submitted to Clickar is accurate and that the claimant is authorised to act on behalf of the holder of the infringed right(s), with the understanding that any false declarations shall result in criminal penalties;
• a signature (either physical or electronic) of the person authorised to act on behalf of the holder of the infringed right(s)

The above-mentioned statement should be sent to the following certified “PEC” email address: clickar@pec.fcagroup.com

Applicable law and jurisdiction

Notwithstanding any other rights to which Users may be entitled under any national or international rules and regulations, these Website Terms of Use shall be subject and interpreted according to Italian Law (with the exception of conflict-of-laws rules), including any dispute as to the existence, validity and effectiveness of these Website Terms of Use and of any other agreement related thereto.

Provided all of the above, any dispute that may arise in connection with these Website Terms of Use, or any agreement related thereto, shall be subject to the exclusive jurisdiction of the Courts of Rome, Italy.