Terms and Conditions
GENERAL CONDITIONS OF USE OF CONNECTIVITY SERVICES FOR MASERATI VEHICLES
PREAMBLE
Whereas:
a. MASERATI offers a series of services on its VEHICLES, as defined above, relating to the factory DEVICE installed on the VEHICLE
b. The services offered relating to the DEVICE are as follows:
● Basic Services: these are the services available automatically and without additional costs from the time of delivery of the VEHICLE from the dealer without any need for any user activation;
● Standard Services: these are the services, where available and without additional costs, which require an explicit acceptance and activation by the user;
● Optional Services: these are additional services, where available, that can be optionally activated by the user upon acceptance and payment.
c. The present GENERAL CONDITIONS refer exclusively to the Basic Services hereinafter referred to for simplicity as "SERVICES".
d. For a detailed description of the Standard Services and Optional Services, where available, please refer to their respective general conditions of use on the WEBSITE.
Given the above, the CUSTOMER acknowledges that this document, containing the GENERAL CONDITIONS FOR DISTRIBUTION OF BASIC SERVICES, constitutes an integral part of the contract concerning the purchase of vehicles equipped in factory with said DEVICE (the "Purchase Agreement").
The signing of the Purchase Agreement, including the GENERAL CONDITIONS, is mandatory in order to receive the SERVICES.
By signing the Purchase Agreement, the CUSTOMER confirms that he or she has read and been fully informed about all the measures of these GENERAL CONDITIONS. The CUSTOMER understands and accepts that the SERVICES subscription is tied to the VEHICLE.
The transfer of the DEVICE and SERVICES to another vehicle other than the VEHICLE identified by this Purchase Agreement is not permitted.
These SERVICES have the following characteristics:
- Details concerning the duration of the period of validity of the SERVICES included in the VEHICLE purchase price are available on the WEBSITE;
- The SERVICES may evolve in line with new technical and/or regulatory requirements;
It is understood that these GENERAL TERMS AND CONDITIONS constitute the set of rules to be followed by all CUSTOMERS.
1. DEFINITIONS
- "OPERATING CENTRAL" means the operational control centre managed independently by the SERVICE PROVIDERS through which the CUSTOMER (or parties authorised by the CUSTOMER on board the VEHICLE) are provided with assistance services in the event of an accident and or need of roadside assistance.
- “GENERAL TERMS AND CONDITIONS”: these refer to these General Terms and Conditions for the Provision of the SERVICES;
- "DEVICE" means the computerised device:
● Installed in factory on the VEHICLE that allows the use of the SERVICES;
● Purchased by the CUSTOMER together with the VEHICLE;
● Designed to acquire the data and information regarding the VEHICLE, including but not limited to its location, direction, distance travelled and other diagnostic data;
- "MASERATI": means MASERATI S.p.A., with registered office in Modena at Viale Ciro Menotti 322, postal code 41121 , tax code and VAT number08245890010, subscribed, paid-in share capital of €80.000.000,00., registered with the Modena Economic and Administrative Index (REA) at no. MO- 347990, managed and coordinated, pursuant to Art. 2497 of the Italian Civil Code, by Stellantis N.V.
- "SERVICE PROVIDER": means any person who provides any service, equipment or structure connected to the VEHICLE's connectivity SERVICES.
- "THEFT": means the crime envisaged by Art. 624 of the Italian Criminal Code committed by anyone who takes possession of the property of others by removing it from those who hold it in order to profit from it for themselves or others;
- ”VEHICLE LOCATION”: this is the DEVICE function which, if activated, makes it possible to locate the position of the VEHICLE.
- ”OPERATING SYSTEM”: this is the computerised system connected with the DEVICE installed on the VEHICLE, via which the SERVICES are provided.
- “SERVICE/S": means the Basic, Standard and Optional Services described in these GENERAL CONDITIONS;
- "WEBSITE": means the portal accessible through the Internet address in the "connectivity" section of the MASERATI website, on which the CUSTOMER can find any further information on the features and operation of the SERVICES, as well as on the their availability and coverage based on the model and country of sale of the VEHICLE;
- “APP”: means the Maserati Connected Services App
- "CUSTOMER": the customer who has signed the Purchase Agreement;
- "VEHICLE": means a new Maserati vehicle equipped with the DEVICE.
2. Prerequisites
The CUSTOMER may use the SERVICES offered in accordance with the following prerequisites:
- The VEHICLE must be equipped with the DEVICE;
- It is necessary for the CUSTOMER to have the legal capacity to sign the VEHICLE Purchase Agreement;
The CUSTOMER acknowledges through these GENERAL CONDITIONS that the SERVICES are provided to be used on board the VEHICLE and/or through the Maserati Connect App.
BY SIGNING THESE GENERAL TERMS AND CONDITIONS, THE SUBSCRIBER ACCEPTS THAT THE DATA TO LOCATE THE VEHICLE WILL BE PROCESSED AND TRANSMITTED ELECTRONICALLY TO THE OPERATING SYSTEM IN ORDER TO ENABLE THE SERVICES TO BE PROVIDED, AS REQUIRED BY THE PROVISIONS OF ART. 12.
3. Functions of the DEVICE
The installation of the DEVICE on the VEHICLE allows, depending on the type of services provided, the transmission to the OPERATING SYSTEM, via the mobile network (where the coverage allows) of:
- The travel data of the VEHICLE (by way of example but not limited to: location, distance travelled);
- The hours of the VEHICLE engine having been running or not running;
- The data promptly to locate the VEHICLE;
- "Alarms" such as, by way of example but not exhaustive: cut battery cables, battery diagnostics, disconnected and/or uncharged buffer battery, movement of the VEHICLE with the key removed, notification of presumed impact;
- VEHICLE diagnostic data such as, for example but not limited to, oil and petrol levels, tire pressure, engine status.
4. Purpose
The purpose of these GENERAL CONDITIONS is to define and regulate the relationship with the CUSTOMER who uses the SERVICES.
5. Having read the Amendment and Enforceability section of the GENERAL CONDITIONS
5.1. Acknowledgement
The use of the DEVICE and of the SERVICES implies the prior acknowledgement by the CUSTOMER of these GENERAL CONDITIONS included in the VEHICLE Purchase Agreement and the Maserati Connected Vehicles Global Notice.
5.2. Amendments to the GENERAL TERMS AND CONDITIONS
MASERATI has the right to amend these GENERAL TERMS AND CONDITIONS at any time and periodically at its own discretion.
Any changes, which do not significantly affect these GENERAL TERMS AND CONDITIONS, will be published on the WEB SITE and will be valid from their date of publication.
Should a change significantly affect the CUSTOMER’S rights and/or use of their personal data pursuant to these GENERAL TERMS AND CONDITIONS, MASERATI shall notify the CUSTOMER of said change via e-mail (if available) or by any other means available to MASERATI.
The provisions of these GENERAL TERMS AND CONDITIONS currently in effect are available on-line at any time on the WEBSITE.
An updated copy of these GENERAL TERMS AND CONDITIONS can be obtained on-line on the WEBSITE.
5.3. Enforceability
These GENERAL TERMS and CONDITIONS are deemed to be enforceable against the CUSTOMER from the moment the CUSTOMER sees them and signs this VEHICLE Purchase Agreement.
6. RIGHT OF WITHDRAWAL
The CUSTOMER may withdraw from these GENERAL CONDITIONS only by exercising his or her right of withdrawal relating to the VEHICLE Purchase Agreement in the manner indicated in the Purchase Agreement.
7. Conditions for DEVICE to work properly and limitation of liability
MASERATI will be able to provide the SERVICES on condition that:
- The GPS network is operative and correctly functioning;
- The mobile network and the fixed line telephone lines are operative and correctly functioning;
- The map database of the entire national and European territory is updated;
- The DEVICE is functional and properly configured.
In the case of:
I. of a lack of maps;
II. insufficient coverage of the GPS signal and/or the Mobile Network signal (where available);
III. that the VEHICLE is in an area not covered by the telephone operator;
IV. that the VEHICLE is in a country where provision of the SERVICES is not available;
the SERVICES are not guaranteed to operate for which it is understood that MASERATI will not be liable in any way.
The CUSTOMER acknowledges that MASERATI has the right to suspend, even temporarily, SERVICES for maintenance or improvements to the network or system, or in the event of network congestion or for reasons of safety and compliance with regulations, or following a complaint for THEFT of the VEHICLE by the CUSTOMER or at the request of the Police. It is understood and agreed that no compensation or reimbursement will be due by MASERATI to the CUSTOMER in the cases of suspension or interruption outlined above.
The CUSTOMER is required not to tamper with, interfere with, remove and/or compromise the functionality of the DEVICE. The CUSTOMER acknowledges that any tampering or removal of the DEVICE compromises the possibility of providing the SERVICES. MASERATI therefore assumes no responsibility for failure to provide the SERVICES due to tampering with or removal of the DEVICE.
However, an online version of these GENERAL CONDITIONS will be available on the WEB SITE for informational and consultation purposes only.
8. CUSTOMER’S RESPONSIBILITIES
Each CUSTOMER is legally responsible for his/her connection to the DEVICE.
More generally, the CUSTOMER undertakes to comply with the applicable regulations concerning:
- The protection of personal data;
- The confidentiality of the correspondence and the prohibition on intercepting Internet communications.
When using the SERVICES, the CUSTOMER undertakes:
- Not to commit any forms of violations, infringement or piracy against the rights of others and the safety of persons and in particular not to defame, harass, stalk or threaten anyone;
- To take all necessary precautions in relation to their devices, in order to prevent and avoid the transmission of viruses or any other type of program or code that may be dangerous or destructive for third parties (understood as any person outside the organisation of the business organisation of which the CUSTOMER is a part);
- Not to intentionally perform operations that result in:
• Hiding his/her true identity;
• Alteration, modification or access to information belonging to another CUSTOMER and not already authorised by the latter;
• Interrupting or disrupting the normal operation of MASERATI’s network or any systems connected to the aforementioned network;
The CUSTOMER acknowledges that he or she is fully informed about the lack of reliability of the Internet and especially of the fact that there is no guarantee of security in the transmission and reception of data and in the performance of the network.
The CUSTOMER acknowledges that he or she has been informed that the integrity, authenticity and confidentiality of the information, files and any type of data exchanged on the Internet for the use of the SERVICES cannot be guaranteed.
The CUSTOMER must refrain from any fraudulent, abusive or excessive use of the SERVICES, such as a voluntary or involuntary congestion of the servers and could interrupt the availability of the servers or the MASERATI network.
The CUSTOMER is to be understood as the only person responsible for any direct or indirect damage, material or non-material, caused to third parties by the CUSTOMER’s use of the SERVICES.
9. SERVICES
9.1. Accident Assistance
This SERVICE offers the CUSTOMER assistance in the event of an accident.
The CUSTOMER acknowledges that the DEVICE is able to detect the impact only if in operation at that time.
This SERVICE is available as described below based on the legislation in force in the country of registration of the VEHICLE.
The supply of the SERVICE as described in article 9.1.1. excludes the simultaneous supply of the SERVICE as described in article 9.1.2.
9.1.1 e-Call
This function will be provided for the entire life cycle of the VEHICLE.
This function, where operational, is provided through the Public Emergency service of each country.
In the event of a significant impact recorded by the DEVICE on the VEHICLE, with consequent shutdown of the VEHICLE itself, a call is automatically forwarded from the VEHICLE to the respective Public Emergency number, together with the transmission of the data needed for identification and location of the VEHICLE. The Public Emergency Services will act according to local legislation and its own operating procedures.
However, the CUSTOMER or a third party authorised by the Customer always has the choice to send a request for manual assistance to the public emergency number by pressing a special button on board the VEHICLE.
9.1.2. HELP Call
This SERVICE, where available, is provided by a SERVICE PROVIDER external to MASERATI.
In the event of a significant impact registered by the DEVICE on the VEHICLE, with consequent shutdown of the VEHICLE itself, a request for assistance is automatically sent from the VEHICLE to the SERVICE CENTRE OF THE SERVICE PROVIDER, together with the transmission of the data needed for the identification and the location of the VEHICLE. The OPERATING CENTRE will then attempt to answer the call received or to recall the CUSTOMER or third parties on board the VEHICLE, to verify the need for assistance and to alert the public medical emergency service (ambulance) if necessary.
The CUSTOMER or a third party authorised by the CUSTOMER may also manually submit a support request to the OPERATING CENTRE by pressing the specific button or selecting the item from the specific menu in the radio system (where available) or the mobile APP.
Territorial coverage: the details relating to the Territorial coverage of the Service are available in the Connectivity section of the Maserati site.
Note: The HELP Call functions might not be available in the first minute after the vehicle is started.
9.2. Advanced Roadside Assistance
In case of breakdown, accident or other inconvenience of the VEHICLE, which are foreseen in the Advanced Roadside Assistance service that the CUSTOMER can benefit from based on separate agreements with MASERATI, the CUSTOMER is entitled to benefit from the Advanced Road Assistance included in the present GENERAL CONDITIONS. This SERVICE, where available, is provided by a SERVICE PROVIDER external to MASERATI and may be used in automatic mode (where available; for information on activation, refer to the WEBSITE) and a manual mode.
In the automatic mode, where available, in the event of faults or serious damage caused by the DEVICE on the VEHICLE, (such as, by way of example but not limited to, failure of the braking system or serious engine failures), a request for assistance is automatically sent from the VEHICLE to the SERVICE CENTRE OF THE SERVICE PROVIDER, together with the transmission of useful data for the identification and location of the VEHICLE, as well as for the identification of the detected fault; the SERVICE CENTRE will then try to answer the call received, to check for the need for assistance and if necessary send a suitable roadside assistance vehicle to the site.
In manual mode, the CUSTOMER or a third party authorised by the CUSTOMER may manually submit a roadside assistance request to the SERVICE CENTRE by selection in the specific menu on the radio system (where available and also the Mobile APP)
Territorial coverage:
The details relating to the Territorial coverage of the Service are available in the Connectivity section of the MASERATI site.
Note: The Advanced Roadside Assistance Call functions might not be available in the first minute after the vehicle is started.
9.3. Customer service
This Service, where available, offers the CUSTOMER assistance in the event of problems or the need for information on issues relating to the VEHICLE and/or use of the SERVICES.
The CUSTOMER or a third party authorised by the CUSTOMER may also manually make a call directly to MASERATI Customer Service by pressing the dedicated, specific button or selecting the item from the specific menu in the radio system (where available) or the Mobile APP.
The request is made to the MASERATI customer service together with the transmission of data needed for the identification and location of the VEHICLE; at that point, Customer Service will answer the call received to provide the requested information.
9.3.1. Service Scheduling
The service, where available, allows the user to select a Maserati dealership and schedule service appointments via the MOBILE APPLICATION.
9.3.2. Connected Personal Account
The service, where available, allows the user to input the MASERATI CONNECT account credentials using the radio display on-board. The credential will be used to store and retrieve user preferences for radio settings and other vehicle settings, and to enable connected services linked to user profile (such as, but not limited to, the integration of user calendar into navigation).
9.4. Vehicle Health Report (VHR)
This Service, where available, may be provided on condition that the CUSTOMER has previously communicated a valid e-mail address to the MASERATI assistance network. VHR provides information on the status and condition of the vehicle and communicates the potential maintenance needs through periodic e-mails to the CUSTOMER, based on the data collected and reported through the on-board instrumentation of the VEHICLE.
9.5. Firmware and Application Over The Air (FOTA and AOTA)
This SERVICE, where available, is provided by a SERVICE PROVIDER external to MASERATI.
The FOTA service (Firmware Over The Air) and AOTA (Application Over The Air) allows the OPERATING SYSTEM remotely to update the software of the computerised DEVICE and the application software of the radio apparatus, in order to make more recent software versions available to the CUSTOMER that include new features or improvements/enrichments of the features already offered.
The above updates are made at the discretion of MASERATI.
These updates could affect the data stored in the VEHICLE SERVICES or eliminate them. The CUSTOMER acknowledges and expressly accepts that MASERATI is not responsible for any loss of data. The CUSTOMER is neither the owner of the SERVICES software nor does he or she acquire the rights to use or modify such software independently. The CUSTOMER accepts that MASERATI has the right to operate remotely to update the software.
The CUSTOMER accepts and acknowledges that the updates will be communicated to the CUSTOMER by means of an information message displayed on the radio device display; some necessary and crucial upgrades (for example but not exhaustive the firmware of the radio apparatus) will be performed immediately, while for others (for one example, the applications performed on the radio apparatus) the CUSTOMER will have the possibility to postpone the update over time up to a maximum number of referrals beyond which the installation will start automatically. If the update was still in progress at the next power-up, the radio will inform the Customer of the process in progress, warning of the temporary unavailability of the system.
Territorial coverage:
Details of the Territorial coverage of the Service are available in the Connectivity section of the Maserati site.
9.6. In-Vehicle Notifications
This SERVICE, where available, offers the CUSTOMER the ability to receive messages and/or notifications regarding the provision of the SERVICES and reminder messages regarding the conduct of service and/or recall campaigns on the screen of the VEHICLE’s radio system.
The CUSTOMER may contact the MASERATI Customer Service to request further information regarding the messages received.
For recall campaigns, the CUSTOMER must always refer to the content of the written communication in the individual recall campaign received by e-mail by the owner of the VEHICLE.
Territorial coverage:
Details of the Territorial coverage of the Service are available in the Connectivity section of the Maserati site.
9.7. How to manage the VEHICLE LOCATION ("Privacy Mode")
As also further specified in the Maserati Connected Vehicles Global Notice, the CUSTOMER or third party authorised by the CUSTOMER on board the VEHICLE is given the option, if he or she so wishes, to disable the VEHICLE LOCATION ("Privacy Mode ON") limiting the geolocation of the safety and assistance functions, provided for under BASIC SERVICES in the SERVICES Accident Assistance and Advanced Roadside Assistance. The CUSTOMER or third party authorised by the CUSTOMER has the possibility to set the Privacy Mode ON independently by selecting the appropriate menu on the radio device.
The VEHICLE LOCATION will remain disabled until otherwise indicated by the VEHICLE occupant.
The CUSTOMER may at any time change the setting of the Privacy status by selecting the appropriate menu on the radio device. The CUSTOMER can view his or her Privacy Mode status through the geolocation icon on the radio status bar.
For further information and details on the features and functions of the SERVICES offered, please visit the WEBSITE and see the VEHICLE user manual.
9.8. VEHICLE remote control SERVICES
9.8.1. Remote Operations
Remote Operations are a set of functions which allow the user to interact remotely with his/her vehicle.
Using this function, the user can:
- Lock and/or release the driver-side door;
- Make the lights flash;
- Activate the acoustic signal;
- Start and/or stop the engine (where available)
- lock and unlock the trunk.
Information about any new remote operation function to be released in the future, will be available on the WEBSITE.
Not all remote operation functions are available in all countries, information about availability can be found on the WEBSITE.
The Remote Operations Services are used under the full and exclusive responsibility of the SUBSCRIBER, who shall specifically assess the opportunity to activate the SERVICES also in the presence of certain conditions and circumstances which may reasonably advise against their activation.
The SUBSCRIBER expressly holds Stellantis harmless of all responsibility in relation to the use of the REMOTE OPERATIONS SERVICES. The use of the Remote Operations Services is recommended only under the direct visual control of the SUBSCRIBER.
The REMOTE OPERATIONS SERVICES are available to the SUBSCRIBER via the MOBILE APPLICATION and the WEBSITE.
The SERVICES are activated via the entry of a security PIN number which shall be set by the SUBSCRIBER in his/her own personal account on the MOBILE APPLICATION and the WEBSITE.
9.8.2. At-Home Digital Assistant
At-Home Digital Assistant is a SERVICE which allows the SUBSCRIBER, using voice commands to a virtual assistant and directly from his/her own home, to improve the experience of the related services, by accessing the VEHICLE information and some functions, including:
- Remote Operations: lock and/or release the doors and/or make the lights flash.
- Vehicle Info (including but not limited to: checking the tyre pressure, fuel level, engine oil condition, etc.); the data are updated each time the engine is shut off.
- Maserati Guide & Drive including but not limited to Send&Go (sending destinations to the VEHICLE) and POI (search Points of Interest).
At-Home Digital Assistant requires the availability of a connection and an active subscription to the related services in order to be used to the full.
Details concerning the availability according to the VEHICLE model and the Territorial coverage of the above-described Remote Control SERVICES can be found on the WEBSITE.
9.8.3. Drive alerts
These SERVICES, where available, offer the SUBSCRIBER the possibility to receive notifications whenever the VEHICLE performs an action that breaches one of the rules set by the SUBSCRIBER him/herself, via the MOBILE APPLICATION or the WEBSITE.
The following rules can be set:
- Definition of a geographical area the SUBSCRIBER does not wish the VEHICLE to leave. As soon as the VEHICLE crosses the set geographical boundary, the SUBSCRIBER will receive a notification (Area Notice).
- Maximum speed. As soon as the VEHICLE exceeds the speed threshold set by the SUBSCRIBER, the SUBSCRIBER will receive a notification (Speed Notice).
- Use outside the time band. If the VEHICLE is used outside the set time band, the SUBSCRIBER will receive a notification (Curfew Notice).
- Drive Style History. This gives a series of information concerning driving styles (including but not limited to acceleration and braking).
- Trip History. This gives information concerning the trips made. The SUBSCRIBER may independently disable this function via the MOBILE APPLICATION or the WEBSITE.
The notifications concerning the above-described SERVICES will be shows in the MOBILE APPLICATION and/or on the WEBSITE depending on the settings implemented by the SUBSCRIBER.
The SUBSCRIBER acknowledges and expressly accepts that the above-mentioned SERVICE may be disabled for reasons of safety in the event of the THEFT of the VEHICLE which is reported to the competent authorities and on instruction of these competent authorities.
For reasons of privacy the VEHICLE occupant, where he so requires, may disable the VEHICLE LOCATION function (“Privacy Mode ON”) as better indicated in Art. 9.7 of these GENERAL TERMS AND CONDITIONS.
9.8.4. Find Car
This SERVICE, where available, offers the SUBSCRIBER the possibility to remotely see the last position of the VEHICLE, when switched off, via the MOBILE APPLICATION or the WEBSITE.
This SERVICE can only be used having entered the security PIN number, set by the SUBSCRIBER in his/her personal profile when activating the Services.
The SUBSCRIBER acknowledges and expressly accepts that viewing the position of the VEHICLE may be disabled for reasons of safety in the event of the THEFT of the VEHICLE which is reported to the competent authorities and on instruction of these competent authorities.
For reasons of privacy the VEHICLE occupant, where he so requires, may disable the VEHICLE LOCATION function (“Privacy Mode ON”) as better indicated in Art. 9.7 of these GENERAL TERMS AND CONDITIONS.
9.9. Vehicle Info
Details concerning the availability according to the VEHICLE model and the Territorial coverage of the above-described My Car SERVICES can be found on the WEBSITE.
9.9.1. Vehicle Info
This SERVICE, where available, offers the SUBSCRIBER the possibility to remotely monitor some VEHICLE parameters according to the data measured and recorded in the on-board instrumentation of the VEHICLE, including but not limited to mileage, fuel level, tyre pressure, mileage/days until the next oil change, and to receive notifications on any faults recorded (the data are updated each time the engine is shut off).
9.10. Maserati Guide & Drive
Details concerning the availability according to the VEHICLE model and the Territorial coverage of the above-described Maserati Guide & Drive SERVICES can be found on the WEBSITE.
Maserati Guide & Drive is a set of functions, where available, which allows the user to use other functions, described below:
9.10.1 . Send&Go: search for the required destination on the MOBILE APPLICATION and send it directly to the on-board navigator on the VEHICLE;
9.10.2 . POI search: search for a required point of interest on the MOBILE APPLICATION or directly on the on-board navigator on the VEHICLE;
9.10.3 . Last Mile Navigation*: used to send information on the last destination selected by the VEHICLE on the MOBILE APPLICATION;
9.10.4 . Parking Finder, Fuel finder, Charging Station Finder: used to locate the nearest parking and refuelling areas (also for electric or PLUG-IN Hybrid VEHICLES) to suit the user's needs;
9.10.5 . Live Weather, Live Traffic and Speedcams: used to receive real time information on the trip (weather, traffic or speed control cameras) directly on the VEHICLE.
9.10.6 Calendar Integration: used to remind the user of an appointment saved in the user calendar and navigate to the appointment destination, directly from the on-board navigator on the VEHICLE;
9.10.7 Navigation StreetView: used to view photographic images of a selected destination (360 degrees view), directly from the on-board navigator on the VEHICLE;
9.10.8 Predictive Navigation: Navigation system can memorise users most frequent destinations and suggest routing (can be linked to Connected Personal Account). User can enable / disable the function via navigation settings
* Where compatible with the radio appliance
9.11. Maserati Guard
9.11.1. Theft Alarm Notification
This SERVICE, where available, allows the SUBSCRIBER to receive a notification on his/her mobile device, if one of the following events occurs – ignition is switched off and the doors are locked:
- The vehicle alarm is activated
- The vehicle is moved
- The battery is disconnected
To use this service, the SUBSCRIBER must have installed the Maserati Connect app on his mobile device and must have enabled notifications for the Maserati Connect app in the settings of his mobile device.
9.11.2 Stolen Vehicle Assistance
This SERVICE, where available, allows the SUBSCRIBER to contact a Secure Operating Centre in case his vehicle is lost and / or stolen. The Secure Operating Centre can be contacted by phone; the call can also be initiated via the Maserati Connect app in the dedicated section. The Secure Operating Centre will work directly with the relevant law enforcements to locate stolen vehicle, when possible, subject to declaring the theft to the relevant authorities. This SERVICE is provided by a SERVICE PROVIDER external to MASERATI and dedicated to Maserati customers.
ATTENTION: In some cases, for example in the case of tampering with the vehicle’s hardware, the location cannot be guaranteed.
9.11.3 Stolen Vehicle Tracking (available in the UK only)
The SERVICE, where available, will send a silent alert to the Secure Operating Centre in case the vehicle is driven without an ADR card on board. The Secure Operating Centre will immediately start tracking the stolen vehicle, contact the SUBSCRIBER to confirm the theft of and will work directly with the relevant law enforcements to locate stolen vehicle. This SERVICE, were available, is Category S5 Thatcham approved and uses Automatic Driver Recognition (ADR).
This SERVICE is provided by a SERVICE PROVIDER external to MASERATI; please refer to the provider's terms and conditions of use for further information or contact our Customer Care.
9.12. Optional services
9.12.1 WI-FI Hotspot
This SERVICE, where available, enables driver and passengers to connect up to 8 Wi-Fi capable devices (per vehicle) to the in-vehicle Wi-Fi hotspot. Devices connected to vehicle's hotspot use data from the Maserati Wi-Fi Hotspot Data Package. The Data Package is provided by a Mobile Network Operator external to MASERATI Mobile Network Operator (hereinafter also referred to as MNO) and can be purchased on the MNO dedicated web page. User will be required to subscribe and accept the MNO terms and conditions for the service on the MNO dedicated web page.
9.12.2 Alexa in vehicle
This SERVICE, where available, enables driver and passengers to utilize Amazon Alexa services through voice commands from the vehicle. User must have a valid Amazon Alexa account and will be able to use all his active Amazon Alexa servicers from the vehicle. Terms and condition accepted during subscription to Amazon services apply.
9.12.3 Add App
This service, where available, enables customers to download well known applications directly from the Head Unit to enrich and personalise his/hers in-vehicle experience and add desired functionality. The main applications categories include: music streaming, podcasts, news, weather applications and POI search.
9.13 Third Parties Services
Some of the services described in this document, or services that MASERATI may decide to introduce in the future, are provided by third parties, external to MASERATI. Those services are subject to specific Third Parties’ Terms and Condition that must be read carefully and accepted to obtain the service. Maserati decline any responsibility related to the supply of those services.
10. DURATION, RENEWAL AND TERMINATION OF SERVICES
10.1. Duration
Notwithstanding the provisions of article 9.1.1, these GENERAL CONDITIONS have a duration which is shown on the WEBSITE.
Upon expiry of the period, these GENERAL TERMS AND CONDITIONS shall be understood as automatically terminated without the need for any notification to this effect by the CUSTOMER or MASERATI.
Without prejudice to the above, the CUSTOMER will have the possibility to renew the SERVICES for payment (articulated in specific packages that will be discretionally offered by MASERATI) by purchasing same through the WEBSITE.
For the renewal of the single package offered by MASERATI, the CUSTOMER must pay the relative amount according to the methods updated from time to time on the WEB SITE.
The renewal of the GENERAL CONDITIONS will be effective for the period chosen by the CUSTOMER among the available options and based on the rates and according to the procedures published on the WEBSITE when the procedure is activated.
Due to technical limitations of the SIM of the DEVICE, the renewal must take place within one year from the expiry date of these GENERAL CONDITIONS.
After such deadline, the SERVICES can no longer be renewed.
In the event that the CUSTOMER wishes to use the SERVICES again, he or she must request the installation of a new DEVICE on the VEHICLE at his or her own expense.
10.2. MASERATI’s right to termination
MASERATI has the right to immediately terminate the SERVICES if the CUSTOMER violates any part of these GENERAL CONDITIONS or uses the SERVICES for illegal or improper purposes. Improper use including but not limited to tampering with the DEVICE and/or removing it from the VEHICLE when not authorised by MASERATI. No compensation or reimbursement will be due by MASERATI to the CUSTOMER in the cases of termination indicated above.
10.3. Sale of the VEHICLE or loss of possession (THEFT or destruction) of the VEHICLE - Notification to MASERATI
If the CUSTOMER decides to sell, or in the event of termination of the rental/lease of the VEHICLE or in the event of scrapping or destruction of the same, the CUSTOMER is required exclusively to communicate to the new purchaser of the VEHICLE the existence of the aforementioned SERVICES.
The new purchaser of the VEHICLE, within the period of validity of the SERVICES, will in fact continue to be able to use the SERVICES themselves.
In relation to the Vehicle Health Report SERVICE, the CUSTOMER will be required to inform the new purchaser in order to allow him to change the destination email address, by contacting the MASERATI assistance network and/or Customer Service.
Should the CUSTOMER sell the VEHICLE without having previously informed the new buyer, MASERATI will not be in any way responsible for the further collection of the data, believing, in good faith, that they belong to the CUSTOMER.
Furthermore, the CUSTOMER will remain liable pursuant to these GENERAL CONDITIONS for the proper or improper use of the SERVICES.
It also remains understood that MASERATI is not responsible for damages deriving from violations connected to the processing of personal data in the event of failure of notification about the aforementioned circumstances.
The CUSTOMER declares that he or she will not access or use any data relating to the VEHICLE following the sale to third parties and/or at the end of the rental of the VEHICLE.
11. ECONOMIC ASPECTS
The data connection between the DEVICE and the OPERATING SYSTEM is ensured by a subscription card for the telephone service present inside the DEVICE without additional traffic charges for the CUSTOMER.
Connectivity is active only in the countries indicated on the WEB SITE of these GENERAL CONDITIONS.
12. PROCESSING OF PERSONAL DATA
The personal data and VEHICLE data (“Data”) collected through the DEVICE will be processed according to the Maserati Connected Vehicles Global Notice, fully referenced herein and always available on the WEBSITE. It must be understood as supplementing the “Maserati Vehicles Global Notice” and “Global Privacy Notice”.
13. Safety
MASERATI will maintain technical, physical, logical and administrative measures for the security of the Data in order to protect any information under its control from loss, improper use and/or alteration, guaranteeing a method of secure authentication and encryption of the relevant Data. All information is stored in accordance with adequate security standards with limited access to authorised personnel and/or MASERATI representatives and SERVICE PROVIDERS.
It is understood that it is the full responsibility of the CUSTOMER to comply with all the rules and procedures relating to safety indicated in the documentation provided from time to time by MASERATI, in order to implement any recommended measure in order to protect its contents, data and/or software. Furthermore, the CUSTOMER acknowledges that it is his or her sole responsibility to keep the antivirus system and the operating system of his devices with which they are using the SERVICES constantly updated. The CUSTOMER also acknowledges that it is his or her sole responsibility periodically to store and update the credentials used to access the WEBSITE and/or the APP: the credentials must be kept secret and under the full control of the CUSTOMER, and the use of credentials must be exclusive to the CUSTOMER alone. The CUSTOMER acknowledges that it is his or her sole responsibility to preserve the confidentiality and integrity of the credentials and of the DEVICE, exempting MASERATI from any liability in relation to failure to observe the rules and procedures relating to security. The CUSTOMER acknowledges that although MASERATI provides a data communication infrastructure in line with the best available standards, MASERATI cannot guarantee the absolute security of the transmission of information via the Internet and other third-party communication networks, and therefore cannot guarantee that communications are not intercepted by third parties. In the SERVICES provided to CUSTOMERS, voice signals and Data are transmitted between MASERATI response centres and CUSTOMER VEHICLES via mobile phone networks.
The CUSTOMER agrees that MASERATI will not be liable for any damages due to the loss of Data occurring in communications using such networks. The CUSTOMER accepts the characteristics and limits of the Internet network. The CUSTOMER confirms his/her awareness of the intrinsic nature of the Internet network and, in particular, of its technical prerogatives and the response times necessary to consult, analyse or transfer data. The CUSTOMER must promptly inform MASERATI of any defect or lapse encountered in the SERVICES. If MASERATI was not informed of the sale or transfer of the VEHICLE to third parties, a forwarding of information relating to the VEHICLE, previously approved by the CUSTOMER, or other information relating to his or her account could be constantly continue to be sent to the address previously stored in relation to the VEHICLE. In such eventuality, MASERATI will in no way be liable for any prejudice related to the loss of Data that the CUSTOMER and/or the user of the SERVICES could suffer.
14. SPECIAL INFORMATION ON SERVICE AND SYSTEM RESTRICTIONS
14.1. Territorial availability
The CUSTOMER acknowledges that as of now the SERVICES are available in the countries detailed in the list on the WEBSITE, subject to the provisions of article 17 below. MASERATI does not deliver the SERVICES outside of these countries and therefore, in such cases, does not assume any responsibility towards the CUSTOMER and/or the users of the VEHICLE.
For any information concerning the availability and activation of the SERVICES, please refer to the WEBSITE.
14.2. Ownership of the technology
MASERATI and its SERVICE PROVIDERS, as far as they are liable, are and will remain at any time owners of all rights, titles and interests in respect of (i) any hardware, software and related technology used together or in connection with the SERVICES, and (ii) any intellectual property right or other proprietary right, including without limitation all patents, copyrights, rights in trademarks and trade secrets contained therein. The CUSTOMER accepts that it is prohibited, and agrees not to copy, decompile, decompose, reverse engineer, reduce derivative works or manipulate any technology or data or content stored or integrated into the equipment used to receive or operate the SERVICES (collectively the "Equipment technology") or otherwise modify or tamper with such equipment. The CUSTOMER also agrees not to upload, publish, transmit or otherwise make available any material containing software viruses or other codes, files or computer programs designed to interrupt, disable or limit the functionality of the SERVICES. Any software contained in the VEHICLE is only granted under licence for use together with the SERVICES. Furthermore, any data or other contents of the SERVICES is protected by the laws on copyrights and by other legislation on intellectual property and all the rights of property are attributed to MASERATI and to the SERVICE PROVIDERS. The CUSTOMER has the right to the technology of the equipment only for personal, non-commercial use and in relation to the SERVICES.
15. CUSTOMER LIABILITY
15.1. General principles
The CUSTOMER may use the DEVICE exclusively under the conditions defined in these GENERAL CONDITIONS and
- Must not divert the use of the DEVICE for commercial reasons or to sell products and/or SERVICES;
- Must not use the DEVICE to harm others or for a purpose that is contrary to public order or morality, or that infringes any third party’s rights;
- Must not commit any infringing act, or reproduce, download, represent, modify all or part of the DEVICE, or use a “robot” or a website “copier”;
- Must not access and/or tamper with the DEVICE, since it is an automated data processing system. Fraudulently accessing or tampering with such a system is forbidden and subject to criminal prosecution. This is also the case for the obstruction or alteration of the functionality of the system, or the suppression or modification of data contained therein;
- Must not disrupt the normal operation of the DEVICE, nor introduce any virus or any other technology that is harmful to the application or related SERVICES.
The CUSTOMER must be an adult and confirm that he or she is competent and has all the means necessary to access and use the SERVICES.
The CUSTOMER is fully liable for his/her use of the DEVICE, its related SERVICES and the information he/she provided. The CUSTOMER must use the DEVICE in good faith, and comply with the present GENERAL TERMS AND CONDITIONS and applicable laws and regulations, notably the laws relating to intellectual and industrial property, IT, file management and protection of personal data.
The CUSTOMER must not commit any action that could put at risk the IT security of MASERATI or of the CUSTOMER themselves, nor should he or she interfere with or interrupt the regular operation of the WEBSITE.
MASERATI reserves the right to suspend the use of the DEVICE to each CUSTOMER that violates these GENERAL CONDITIONS and to communicate all the necessary information to the relevant authorities.
15.2. Telephone contact
The CUSTOMER may provide 1 (one) telephone number to enable the provision of the SERVICES. If the person answering the call is not able to confirm the need for assistance, the OPERATING CENTRAL will be able to contact the local public emergency medical service (ambulance) according to article 9.1.2, in compliance with current regulations, and pass on to same, when necessary, the personal data of the CUSTOMER as specified in further detail in Art. 12 above.
The CUSTOMER undertakes to promptly notify MASERATI of any change in telephone numbers, relieving MASERATI of any harmful consequences that MASERATI may suffer as a result of failure to comply with the obligations referred to in article 15.
15.3. Correct use of the SERVICES
The CUSTOMER undertakes not to use any of the SERVICES for fraudulent, illicit or abusive purposes, or those that interfere in any way with the provision of services to other customers or, in any case, those not in line with the provisions of these GENERAL CONDITIONS. The CUSTOMER undertakes not to use the SERVICES or operate them improperly in such a way as to damage commercial operations, services, reputation, employees, or facilities of MASERATI or SERVICE PROVIDERS. The CUSTOMER therefore acknowledges and expressly agrees that he or she is liable for any amount claimed by others against MASERATI, plus any expenses, arising in whole or in part from such use or from his or her own actions.
The CUSTOMER therefore acknowledges and expressly agrees that he or she cannot resell, copy, store, reproduce, distribute, modify, exhibit, publish, perform, transmit, disseminate or create derivative works from the contents received through the SERVICES and cannot use the contents received through SERVICES for commercial purposes. Some information received via the SERVICES belongs to MASERATI, the SERVICE PROVIDERS or to other third parties which provide it through MASERATI. Such information could be covered by one or more copyrights, commercial trademarks, service trademarks, patents or other legal protection. The CUSTOMER undertakes not to use and/or copy the contents received through the SERVICES unless explicitly authorised by MASERATI or the SERVICE PROVIDER.
15.4. Other users or occupants of the VEHICLE
THE CUSTOMER IS THE SOLE PARTY RESPONSIBLE FOR ANY USE OF THE SERVICES IN THE VEHICLE, EVEN IF OTHERS USE THEM AND EVEN IF THE USE WAS NOT AUTHORISED. THE CUSTOMER IS SOLELY RESPONSIBLE FOR THE SERVICES REQUIRED BY SAME OR BY ANYONE WHO USES HIS OR HER VEHICLE, OR ACCESSES THE SERVICES THROUGH SAME. The CUSTOMER therefore undertakes to inform all users and occupants of their VEHICLE about the SERVICES and the system functions and restrictions, as well as the terms of these GENERAL CONDITIONS and the Maserati Connected Vehicles Global Notice.
No liability can be ascribed to the SERVICE PROVIDER or to MASERATI as regards the way in which the VEHICLE is used by the CUSTOMER and/or the driver.
If the CUSTOMER and/or driver of his/her VEHICLE uses the SERVICES to commit an offence or for other improper purposes, the CUSTOMER shall be liable for any damages attributed to MASERATI as a result of such use.
15.5. Compliance with road safety regulations
Compliance with road safety regulations is a priority and MASERATI is not responsible for any violations committed when using the VEHICLE, including violations committed in relation to the current, applicable, road regulations.
15.6. Installation, use and maintenance of the device
The CUSTOMER acknowledges that the correct installation and activation of the DEVICE are essential conditions for the supply of the SERVICES. The installation and activation of the DEVICE is carried out by MASERATI. The CUSTOMER acknowledges that the DEVICE carries no risk to health or to the safety of the VEHICLE and not to alter same in any way.
Any installation, de-installation, replacement, repair, maintenance or other intervention on the DEVICE must be carried out by an MASERATI-authorised installer that the CUSTOMER can contact via MASERATI Customer Care.
In the event of a malfunction or failure of the DEVICE, the CUSTOMER will arrange for the VEHICLE to be brought to the delivery centre where the VEHICLE was collected or to another centre authorised by MASERATI.
16. GUARANTEES AND RESPONSIBILITIES
16.1. No guarantee
The warranty of the VEHICLE and/or the warranty of the hardware manufacturer (if applicable) includes the DEVICE installed in factory in the Vehicle, but does not cover the SERVICES. Furthermore, MASERATI does not guarantee to be able to provide uninterrupted SERVICES or without failures and does not guarantee that the data or information provided is error free. ALL DATA AND INFORMATION ARE PROVIDED BY MASERATI TO THE CUSTOMER AS IS. NEITHER MASERATI NOR OTHER THIRD BENEFICIARIES PROVIDE ANY GUARANTEE, EXPLICIT OR IMPLICIT, IN RELATION TO THE SERVICES OR THE DATA AND INFORMATION PROVIDED. NO GUARANTEE IS PROVIDED IN RELATION TO CONTENT, QUALITY, ACCURACY, PRECISION, COMPLETENESS, RELIABILITY, COMPLIANCE, MARKETABILITY OR SUITABILITY FOR ANY GIVEN PURPOSE. TO THE EXTENT PERMITTED BY LAW, ALL THE AFOREMENTIONED GUARANTEES ARE EXPLICITLY EXCLUDED FROM THESE GENERAL TERMS AND CONDITIONS.
16.2. Liability
Nothing in these GENERAL TERMS AND CONDITIONS shall limit or exclude the liability of MASERATI in the event of personal injury or death arising as a result of its negligence or for fraud or fraudulent statements. Without prejudice to the above, MASERATI is in no way liable and under no circumstance shall it be held liable for any type of loss, damages including those to the CUSTOMER in the event of THEFT, ROBBERY and/or damage to the VEHICLE and/or persons and/or material present on board the VEHICLE, responsibilities, claims and expenses (including but not limited to legal costs, defence costs and termination), direct, indirect or consequential, arising from or relating to the provision or the use of the SERVICES, regardless of the cause, arising from the contract, unlawfulness (including negligence), regulations or otherwise. MASERATI shall not be liable for any loss or damage whatsoever (even where predictable) arising from or relating to the use (including, but not limited to those arising from any breach of the Highway Code), or the inability to use the SERVICES, or the use or dependency on said SERVICES.
MASERATI is not liable for:
- The quality of the SERVICES, as the SERVICES are offered “as is”;
- Any disruption in the use of the WEBSITE;
- Temporary or permanent and complete or partial unavailability of the WEBSITE;
- Any difficulty with response time, and, generally speaking, any failure to perform;
- Any impossibility to use the WEBSITE;
- Breaches of information security that could damage the equipment/devices of the CUSTOMER and the data, unless otherwise specified by law;
- Any violation of the CUSTOMER's rights in general.
Under no circumstance shall MASERATI be held liable for any interruptions or restrictions to the SERVICES for the following reasons:
- Provisions of law or supervised administrative and/or regulatory measures;
- Provisions issued by the relevant Authorities.
17. GENERAL PROVISIONS
17.1. Force majeure
In case of a force majeure event, the services referred to in these GENERAL TERMS AND CONDITIONS will initially be suspended. If a force majeure event lasts for more than thirty (30) days, these terms and conditions shall be automatically terminated, unless otherwise agreed by the Parties. It is expressly agreed between the Parties that force majeure or fortuitous events, in addition to those usually deriving from court decisions, are understood as including but are not limited to: general strikes, lock-outs, epidemics, telecommunications network failures, earthquakes, fires, storms, floods, water damage, governmental restrictions, legal or statutory modifications preventing the performance of the SERVICES. If either Party is prevented from, or delayed in performing any of its obligations under these GENERAL TERMS AND CONDITIONS by a force majeure event, said party will promptly notify the other Party.
17.2. Non waiver
The failure of a Party to exercise or enforce any right under these GENERAL TERMS AND CONDITIONS shall not be deemed to be a waiver of that right nor can it serve to impede the exercise or enforcement of it at any time thereafter. The Parties acknowledge that each Party acts on its own behalf as independent contractors and shall not be considered as the agent of the other Party. Nothing in these GENERAL TERMS AND CONDITIONS is intended to constitute a partnership, franchise, joint venture, or agency relationship. Neither Party may contract for and on behalf of the other. Furthermore, each of the Parties remains solely responsible for its actions, statements, commitments, SERVICES, products and personnel.
17.3. Independence of the Parties
Neither Party has the authority to assume or create an obligation in the name and/or on behalf of the other Party. Furthermore, each Party remains solely responsible for its acts, allegations, commitments, SERVICES, products and personnel.
17.4. Severability
If one or more provisions of these GENERAL TERMS AND CONDITIONS is deemed invalid or so declared by a law, a regulation or a final decision having res judicata effect rendered by a court having proper jurisdiction, the other provisions shall remain in full force and effect. The Parties agree to substitute for any such invalid, illegal, or unenforceable provision a new provision which serves the purpose of the invalid provision to the furthest possible extent.
17.5. Good faith
The Parties declare that the undertakings referred to in these GENERAL TERMS AND CONDITIONS are made fully in good faith.
17.6. Completeness of the agreement
These GENERAL TERMS AND CONDITIONS supersede all prior agreements, arrangements and undertakings between the Parties and constitute the entire agreement between the Parties relating to the subject matter of these GENERAL TERMS AND CONDITIONS. However, the obligations of the Parties under any pre-existing non-disclosure agreement shall remain in full force and effect in so far as there is no conflict between the same. The Parties confirm that they have not entered into these GENERAL TERMS AND CONDITIONS on the basis of any representation that is not expressly incorporated into these GENERAL TERMS AND CONDITIONS.
17.7. Applicable legislation and competent court
These GENERAL TERMS AND CONDITIONS and any dispute arising from or resulting from same will be governed by Italian law. The CUSTOMER and MASERATI accept that any disputes arising from or resulting from these GENERAL CONDITIONS or from the use of the SERVICES by the CUSTOMER, will be subject to the jurisdiction of the Court of Turin, except in cases of exclusive jurisdiction of the residence of the CUSTOMER provided for by law concerning the determination of the presiding court in disputes between professional and consumer.
PREAMBLE
Whereas:
a. MASERATI offers a series of services on its VEHICLES, as defined above, relating to the factory DEVICE installed on the VEHICLE
b. The services offered relating to the DEVICE are as follows:
● Basic Services: these are the services available automatically and without additional costs from the time of delivery of the VEHICLE from the dealer without any need for any user activation;
● Standard Services: these are the services, where available and without additional costs, which require an explicit acceptance and activation by the user;
● Optional Services: these are additional services, where available, that can be optionally activated by the user upon acceptance and payment.
c. The present GENERAL CONDITIONS refer exclusively to the Basic Services hereinafter referred to for simplicity as "SERVICES".
d. For a detailed description of the Standard Services and Optional Services, where available, please refer to their respective general conditions of use on the WEBSITE.
Given the above, the CUSTOMER acknowledges that this document, containing the GENERAL CONDITIONS FOR DISTRIBUTION OF BASIC SERVICES, constitutes an integral part of the contract concerning the purchase of vehicles equipped in factory with said DEVICE (the "Purchase Agreement").
The signing of the Purchase Agreement, including the GENERAL CONDITIONS, is mandatory in order to receive the SERVICES.
By signing the Purchase Agreement, the CUSTOMER confirms that he or she has read and been fully informed about all the measures of these GENERAL CONDITIONS. The CUSTOMER understands and accepts that the SERVICES subscription is tied to the VEHICLE.
The transfer of the DEVICE and SERVICES to another vehicle other than the VEHICLE identified by this Purchase Agreement is not permitted.
These SERVICES have the following characteristics:
- Details concerning the duration of the period of validity of the SERVICES included in the VEHICLE purchase price are available on the WEBSITE;
- The SERVICES may evolve in line with new technical and/or regulatory requirements;
It is understood that these GENERAL TERMS AND CONDITIONS constitute the set of rules to be followed by all CUSTOMERS.
1. DEFINITIONS
- "OPERATING CENTRAL" means the operational control centre managed independently by the SERVICE PROVIDERS through which the CUSTOMER (or parties authorised by the CUSTOMER on board the VEHICLE) are provided with assistance services in the event of an accident and or need of roadside assistance.
- “GENERAL TERMS AND CONDITIONS”: these refer to these General Terms and Conditions for the Provision of the SERVICES;
- "DEVICE" means the computerised device:
● Installed in factory on the VEHICLE that allows the use of the SERVICES;
● Purchased by the CUSTOMER together with the VEHICLE;
● Designed to acquire the data and information regarding the VEHICLE, including but not limited to its location, direction, distance travelled and other diagnostic data;
- "MASERATI": means MASERATI S.p.A., with registered office in Modena at Viale Ciro Menotti 322, postal code 41121 , tax code and VAT number08245890010, subscribed, paid-in share capital of €80.000.000,00., registered with the Modena Economic and Administrative Index (REA) at no. MO- 347990, managed and coordinated, pursuant to Art. 2497 of the Italian Civil Code, by Stellantis N.V.
- "SERVICE PROVIDER": means any person who provides any service, equipment or structure connected to the VEHICLE's connectivity SERVICES.
- "THEFT": means the crime envisaged by Art. 624 of the Italian Criminal Code committed by anyone who takes possession of the property of others by removing it from those who hold it in order to profit from it for themselves or others;
- ”VEHICLE LOCATION”: this is the DEVICE function which, if activated, makes it possible to locate the position of the VEHICLE.
- ”OPERATING SYSTEM”: this is the computerised system connected with the DEVICE installed on the VEHICLE, via which the SERVICES are provided.
- “SERVICE/S": means the Basic, Standard and Optional Services described in these GENERAL CONDITIONS;
- "WEBSITE": means the portal accessible through the Internet address in the "connectivity" section of the MASERATI website, on which the CUSTOMER can find any further information on the features and operation of the SERVICES, as well as on the their availability and coverage based on the model and country of sale of the VEHICLE;
- “APP”: means the Maserati Connected Services App
- "CUSTOMER": the customer who has signed the Purchase Agreement;
- "VEHICLE": means a new Maserati vehicle equipped with the DEVICE.
2. Prerequisites
The CUSTOMER may use the SERVICES offered in accordance with the following prerequisites:
- The VEHICLE must be equipped with the DEVICE;
- It is necessary for the CUSTOMER to have the legal capacity to sign the VEHICLE Purchase Agreement;
The CUSTOMER acknowledges through these GENERAL CONDITIONS that the SERVICES are provided to be used on board the VEHICLE and/or through the Maserati Connect App.
BY SIGNING THESE GENERAL TERMS AND CONDITIONS, THE SUBSCRIBER ACCEPTS THAT THE DATA TO LOCATE THE VEHICLE WILL BE PROCESSED AND TRANSMITTED ELECTRONICALLY TO THE OPERATING SYSTEM IN ORDER TO ENABLE THE SERVICES TO BE PROVIDED, AS REQUIRED BY THE PROVISIONS OF ART. 12.
3. Functions of the DEVICE
The installation of the DEVICE on the VEHICLE allows, depending on the type of services provided, the transmission to the OPERATING SYSTEM, via the mobile network (where the coverage allows) of:
- The travel data of the VEHICLE (by way of example but not limited to: location, distance travelled);
- The hours of the VEHICLE engine having been running or not running;
- The data promptly to locate the VEHICLE;
- "Alarms" such as, by way of example but not exhaustive: cut battery cables, battery diagnostics, disconnected and/or uncharged buffer battery, movement of the VEHICLE with the key removed, notification of presumed impact;
- VEHICLE diagnostic data such as, for example but not limited to, oil and petrol levels, tire pressure, engine status.
4. Purpose
The purpose of these GENERAL CONDITIONS is to define and regulate the relationship with the CUSTOMER who uses the SERVICES.
5. Having read the Amendment and Enforceability section of the GENERAL CONDITIONS
5.1. Acknowledgement
The use of the DEVICE and of the SERVICES implies the prior acknowledgement by the CUSTOMER of these GENERAL CONDITIONS included in the VEHICLE Purchase Agreement and the Maserati Connected Vehicles Global Notice.
5.2. Amendments to the GENERAL TERMS AND CONDITIONS
MASERATI has the right to amend these GENERAL TERMS AND CONDITIONS at any time and periodically at its own discretion.
Any changes, which do not significantly affect these GENERAL TERMS AND CONDITIONS, will be published on the WEB SITE and will be valid from their date of publication.
Should a change significantly affect the CUSTOMER’S rights and/or use of their personal data pursuant to these GENERAL TERMS AND CONDITIONS, MASERATI shall notify the CUSTOMER of said change via e-mail (if available) or by any other means available to MASERATI.
The provisions of these GENERAL TERMS AND CONDITIONS currently in effect are available on-line at any time on the WEBSITE.
An updated copy of these GENERAL TERMS AND CONDITIONS can be obtained on-line on the WEBSITE.
5.3. Enforceability
These GENERAL TERMS and CONDITIONS are deemed to be enforceable against the CUSTOMER from the moment the CUSTOMER sees them and signs this VEHICLE Purchase Agreement.
6. RIGHT OF WITHDRAWAL
The CUSTOMER may withdraw from these GENERAL CONDITIONS only by exercising his or her right of withdrawal relating to the VEHICLE Purchase Agreement in the manner indicated in the Purchase Agreement.
7. Conditions for DEVICE to work properly and limitation of liability
MASERATI will be able to provide the SERVICES on condition that:
- The GPS network is operative and correctly functioning;
- The mobile network and the fixed line telephone lines are operative and correctly functioning;
- The map database of the entire national and European territory is updated;
- The DEVICE is functional and properly configured.
In the case of:
I. of a lack of maps;
II. insufficient coverage of the GPS signal and/or the Mobile Network signal (where available);
III. that the VEHICLE is in an area not covered by the telephone operator;
IV. that the VEHICLE is in a country where provision of the SERVICES is not available;
the SERVICES are not guaranteed to operate for which it is understood that MASERATI will not be liable in any way.
The CUSTOMER acknowledges that MASERATI has the right to suspend, even temporarily, SERVICES for maintenance or improvements to the network or system, or in the event of network congestion or for reasons of safety and compliance with regulations, or following a complaint for THEFT of the VEHICLE by the CUSTOMER or at the request of the Police. It is understood and agreed that no compensation or reimbursement will be due by MASERATI to the CUSTOMER in the cases of suspension or interruption outlined above.
The CUSTOMER is required not to tamper with, interfere with, remove and/or compromise the functionality of the DEVICE. The CUSTOMER acknowledges that any tampering or removal of the DEVICE compromises the possibility of providing the SERVICES. MASERATI therefore assumes no responsibility for failure to provide the SERVICES due to tampering with or removal of the DEVICE.
However, an online version of these GENERAL CONDITIONS will be available on the WEB SITE for informational and consultation purposes only.
8. CUSTOMER’S RESPONSIBILITIES
Each CUSTOMER is legally responsible for his/her connection to the DEVICE.
More generally, the CUSTOMER undertakes to comply with the applicable regulations concerning:
- The protection of personal data;
- The confidentiality of the correspondence and the prohibition on intercepting Internet communications.
When using the SERVICES, the CUSTOMER undertakes:
- Not to commit any forms of violations, infringement or piracy against the rights of others and the safety of persons and in particular not to defame, harass, stalk or threaten anyone;
- To take all necessary precautions in relation to their devices, in order to prevent and avoid the transmission of viruses or any other type of program or code that may be dangerous or destructive for third parties (understood as any person outside the organisation of the business organisation of which the CUSTOMER is a part);
- Not to intentionally perform operations that result in:
• Hiding his/her true identity;
• Alteration, modification or access to information belonging to another CUSTOMER and not already authorised by the latter;
• Interrupting or disrupting the normal operation of MASERATI’s network or any systems connected to the aforementioned network;
The CUSTOMER acknowledges that he or she is fully informed about the lack of reliability of the Internet and especially of the fact that there is no guarantee of security in the transmission and reception of data and in the performance of the network.
The CUSTOMER acknowledges that he or she has been informed that the integrity, authenticity and confidentiality of the information, files and any type of data exchanged on the Internet for the use of the SERVICES cannot be guaranteed.
The CUSTOMER must refrain from any fraudulent, abusive or excessive use of the SERVICES, such as a voluntary or involuntary congestion of the servers and could interrupt the availability of the servers or the MASERATI network.
The CUSTOMER is to be understood as the only person responsible for any direct or indirect damage, material or non-material, caused to third parties by the CUSTOMER’s use of the SERVICES.
9. SERVICES
9.1. Accident Assistance
This SERVICE offers the CUSTOMER assistance in the event of an accident.
The CUSTOMER acknowledges that the DEVICE is able to detect the impact only if in operation at that time.
This SERVICE is available as described below based on the legislation in force in the country of registration of the VEHICLE.
The supply of the SERVICE as described in article 9.1.1. excludes the simultaneous supply of the SERVICE as described in article 9.1.2.
9.1.1 e-Call
This function will be provided for the entire life cycle of the VEHICLE.
This function, where operational, is provided through the Public Emergency service of each country.
In the event of a significant impact recorded by the DEVICE on the VEHICLE, with consequent shutdown of the VEHICLE itself, a call is automatically forwarded from the VEHICLE to the respective Public Emergency number, together with the transmission of the data needed for identification and location of the VEHICLE. The Public Emergency Services will act according to local legislation and its own operating procedures.
However, the CUSTOMER or a third party authorised by the Customer always has the choice to send a request for manual assistance to the public emergency number by pressing a special button on board the VEHICLE.
9.1.2. HELP Call
This SERVICE, where available, is provided by a SERVICE PROVIDER external to MASERATI.
In the event of a significant impact registered by the DEVICE on the VEHICLE, with consequent shutdown of the VEHICLE itself, a request for assistance is automatically sent from the VEHICLE to the SERVICE CENTRE OF THE SERVICE PROVIDER, together with the transmission of the data needed for the identification and the location of the VEHICLE. The OPERATING CENTRE will then attempt to answer the call received or to recall the CUSTOMER or third parties on board the VEHICLE, to verify the need for assistance and to alert the public medical emergency service (ambulance) if necessary.
The CUSTOMER or a third party authorised by the CUSTOMER may also manually submit a support request to the OPERATING CENTRE by pressing the specific button or selecting the item from the specific menu in the radio system (where available) or the mobile APP.
Territorial coverage: the details relating to the Territorial coverage of the Service are available in the Connectivity section of the Maserati site.
Note: The HELP Call functions might not be available in the first minute after the vehicle is started.
9.2. Advanced Roadside Assistance
In case of breakdown, accident or other inconvenience of the VEHICLE, which are foreseen in the Advanced Roadside Assistance service that the CUSTOMER can benefit from based on separate agreements with MASERATI, the CUSTOMER is entitled to benefit from the Advanced Road Assistance included in the present GENERAL CONDITIONS. This SERVICE, where available, is provided by a SERVICE PROVIDER external to MASERATI and may be used in automatic mode (where available; for information on activation, refer to the WEBSITE) and a manual mode.
In the automatic mode, where available, in the event of faults or serious damage caused by the DEVICE on the VEHICLE, (such as, by way of example but not limited to, failure of the braking system or serious engine failures), a request for assistance is automatically sent from the VEHICLE to the SERVICE CENTRE OF THE SERVICE PROVIDER, together with the transmission of useful data for the identification and location of the VEHICLE, as well as for the identification of the detected fault; the SERVICE CENTRE will then try to answer the call received, to check for the need for assistance and if necessary send a suitable roadside assistance vehicle to the site.
In manual mode, the CUSTOMER or a third party authorised by the CUSTOMER may manually submit a roadside assistance request to the SERVICE CENTRE by selection in the specific menu on the radio system (where available and also the Mobile APP)
Territorial coverage:
The details relating to the Territorial coverage of the Service are available in the Connectivity section of the MASERATI site.
Note: The Advanced Roadside Assistance Call functions might not be available in the first minute after the vehicle is started.
9.3. Customer service
This Service, where available, offers the CUSTOMER assistance in the event of problems or the need for information on issues relating to the VEHICLE and/or use of the SERVICES.
The CUSTOMER or a third party authorised by the CUSTOMER may also manually make a call directly to MASERATI Customer Service by pressing the dedicated, specific button or selecting the item from the specific menu in the radio system (where available) or the Mobile APP.
The request is made to the MASERATI customer service together with the transmission of data needed for the identification and location of the VEHICLE; at that point, Customer Service will answer the call received to provide the requested information.
9.3.1. Service Scheduling
The service, where available, allows the user to select a Maserati dealership and schedule service appointments via the MOBILE APPLICATION.
9.3.2. Connected Personal Account
The service, where available, allows the user to input the MASERATI CONNECT account credentials using the radio display on-board. The credential will be used to store and retrieve user preferences for radio settings and other vehicle settings, and to enable connected services linked to user profile (such as, but not limited to, the integration of user calendar into navigation).
9.4. Vehicle Health Report (VHR)
This Service, where available, may be provided on condition that the CUSTOMER has previously communicated a valid e-mail address to the MASERATI assistance network. VHR provides information on the status and condition of the vehicle and communicates the potential maintenance needs through periodic e-mails to the CUSTOMER, based on the data collected and reported through the on-board instrumentation of the VEHICLE.
9.5. Firmware and Application Over The Air (FOTA and AOTA)
This SERVICE, where available, is provided by a SERVICE PROVIDER external to MASERATI.
The FOTA service (Firmware Over The Air) and AOTA (Application Over The Air) allows the OPERATING SYSTEM remotely to update the software of the computerised DEVICE and the application software of the radio apparatus, in order to make more recent software versions available to the CUSTOMER that include new features or improvements/enrichments of the features already offered.
The above updates are made at the discretion of MASERATI.
These updates could affect the data stored in the VEHICLE SERVICES or eliminate them. The CUSTOMER acknowledges and expressly accepts that MASERATI is not responsible for any loss of data. The CUSTOMER is neither the owner of the SERVICES software nor does he or she acquire the rights to use or modify such software independently. The CUSTOMER accepts that MASERATI has the right to operate remotely to update the software.
The CUSTOMER accepts and acknowledges that the updates will be communicated to the CUSTOMER by means of an information message displayed on the radio device display; some necessary and crucial upgrades (for example but not exhaustive the firmware of the radio apparatus) will be performed immediately, while for others (for one example, the applications performed on the radio apparatus) the CUSTOMER will have the possibility to postpone the update over time up to a maximum number of referrals beyond which the installation will start automatically. If the update was still in progress at the next power-up, the radio will inform the Customer of the process in progress, warning of the temporary unavailability of the system.
Territorial coverage:
Details of the Territorial coverage of the Service are available in the Connectivity section of the Maserati site.
9.6. In-Vehicle Notifications
This SERVICE, where available, offers the CUSTOMER the ability to receive messages and/or notifications regarding the provision of the SERVICES and reminder messages regarding the conduct of service and/or recall campaigns on the screen of the VEHICLE’s radio system.
The CUSTOMER may contact the MASERATI Customer Service to request further information regarding the messages received.
For recall campaigns, the CUSTOMER must always refer to the content of the written communication in the individual recall campaign received by e-mail by the owner of the VEHICLE.
Territorial coverage:
Details of the Territorial coverage of the Service are available in the Connectivity section of the Maserati site.
9.7. How to manage the VEHICLE LOCATION ("Privacy Mode")
As also further specified in the Maserati Connected Vehicles Global Notice, the CUSTOMER or third party authorised by the CUSTOMER on board the VEHICLE is given the option, if he or she so wishes, to disable the VEHICLE LOCATION ("Privacy Mode ON") limiting the geolocation of the safety and assistance functions, provided for under BASIC SERVICES in the SERVICES Accident Assistance and Advanced Roadside Assistance. The CUSTOMER or third party authorised by the CUSTOMER has the possibility to set the Privacy Mode ON independently by selecting the appropriate menu on the radio device.
The VEHICLE LOCATION will remain disabled until otherwise indicated by the VEHICLE occupant.
The CUSTOMER may at any time change the setting of the Privacy status by selecting the appropriate menu on the radio device. The CUSTOMER can view his or her Privacy Mode status through the geolocation icon on the radio status bar.
For further information and details on the features and functions of the SERVICES offered, please visit the WEBSITE and see the VEHICLE user manual.
9.8. VEHICLE remote control SERVICES
9.8.1. Remote Operations
Remote Operations are a set of functions which allow the user to interact remotely with his/her vehicle.
Using this function, the user can:
- Lock and/or release the driver-side door;
- Make the lights flash;
- Activate the acoustic signal;
- Start and/or stop the engine (where available)
- lock and unlock the trunk.
Information about any new remote operation function to be released in the future, will be available on the WEBSITE.
Not all remote operation functions are available in all countries, information about availability can be found on the WEBSITE.
The Remote Operations Services are used under the full and exclusive responsibility of the SUBSCRIBER, who shall specifically assess the opportunity to activate the SERVICES also in the presence of certain conditions and circumstances which may reasonably advise against their activation.
The SUBSCRIBER expressly holds Stellantis harmless of all responsibility in relation to the use of the REMOTE OPERATIONS SERVICES. The use of the Remote Operations Services is recommended only under the direct visual control of the SUBSCRIBER.
The REMOTE OPERATIONS SERVICES are available to the SUBSCRIBER via the MOBILE APPLICATION and the WEBSITE.
The SERVICES are activated via the entry of a security PIN number which shall be set by the SUBSCRIBER in his/her own personal account on the MOBILE APPLICATION and the WEBSITE.
9.8.2. At-Home Digital Assistant
At-Home Digital Assistant is a SERVICE which allows the SUBSCRIBER, using voice commands to a virtual assistant and directly from his/her own home, to improve the experience of the related services, by accessing the VEHICLE information and some functions, including:
- Remote Operations: lock and/or release the doors and/or make the lights flash.
- Vehicle Info (including but not limited to: checking the tyre pressure, fuel level, engine oil condition, etc.); the data are updated each time the engine is shut off.
- Maserati Guide & Drive including but not limited to Send&Go (sending destinations to the VEHICLE) and POI (search Points of Interest).
At-Home Digital Assistant requires the availability of a connection and an active subscription to the related services in order to be used to the full.
Details concerning the availability according to the VEHICLE model and the Territorial coverage of the above-described Remote Control SERVICES can be found on the WEBSITE.
9.8.3. Drive alerts
These SERVICES, where available, offer the SUBSCRIBER the possibility to receive notifications whenever the VEHICLE performs an action that breaches one of the rules set by the SUBSCRIBER him/herself, via the MOBILE APPLICATION or the WEBSITE.
The following rules can be set:
- Definition of a geographical area the SUBSCRIBER does not wish the VEHICLE to leave. As soon as the VEHICLE crosses the set geographical boundary, the SUBSCRIBER will receive a notification (Area Notice).
- Maximum speed. As soon as the VEHICLE exceeds the speed threshold set by the SUBSCRIBER, the SUBSCRIBER will receive a notification (Speed Notice).
- Use outside the time band. If the VEHICLE is used outside the set time band, the SUBSCRIBER will receive a notification (Curfew Notice).
- Drive Style History. This gives a series of information concerning driving styles (including but not limited to acceleration and braking).
- Trip History. This gives information concerning the trips made. The SUBSCRIBER may independently disable this function via the MOBILE APPLICATION or the WEBSITE.
The notifications concerning the above-described SERVICES will be shows in the MOBILE APPLICATION and/or on the WEBSITE depending on the settings implemented by the SUBSCRIBER.
The SUBSCRIBER acknowledges and expressly accepts that the above-mentioned SERVICE may be disabled for reasons of safety in the event of the THEFT of the VEHICLE which is reported to the competent authorities and on instruction of these competent authorities.
For reasons of privacy the VEHICLE occupant, where he so requires, may disable the VEHICLE LOCATION function (“Privacy Mode ON”) as better indicated in Art. 9.7 of these GENERAL TERMS AND CONDITIONS.
9.8.4. Find Car
This SERVICE, where available, offers the SUBSCRIBER the possibility to remotely see the last position of the VEHICLE, when switched off, via the MOBILE APPLICATION or the WEBSITE.
This SERVICE can only be used having entered the security PIN number, set by the SUBSCRIBER in his/her personal profile when activating the Services.
The SUBSCRIBER acknowledges and expressly accepts that viewing the position of the VEHICLE may be disabled for reasons of safety in the event of the THEFT of the VEHICLE which is reported to the competent authorities and on instruction of these competent authorities.
For reasons of privacy the VEHICLE occupant, where he so requires, may disable the VEHICLE LOCATION function (“Privacy Mode ON”) as better indicated in Art. 9.7 of these GENERAL TERMS AND CONDITIONS.
9.9. Vehicle Info
Details concerning the availability according to the VEHICLE model and the Territorial coverage of the above-described My Car SERVICES can be found on the WEBSITE.
9.9.1. Vehicle Info
This SERVICE, where available, offers the SUBSCRIBER the possibility to remotely monitor some VEHICLE parameters according to the data measured and recorded in the on-board instrumentation of the VEHICLE, including but not limited to mileage, fuel level, tyre pressure, mileage/days until the next oil change, and to receive notifications on any faults recorded (the data are updated each time the engine is shut off).
9.10. Maserati Guide & Drive
Details concerning the availability according to the VEHICLE model and the Territorial coverage of the above-described Maserati Guide & Drive SERVICES can be found on the WEBSITE.
Maserati Guide & Drive is a set of functions, where available, which allows the user to use other functions, described below:
9.10.1 . Send&Go: search for the required destination on the MOBILE APPLICATION and send it directly to the on-board navigator on the VEHICLE;
9.10.2 . POI search: search for a required point of interest on the MOBILE APPLICATION or directly on the on-board navigator on the VEHICLE;
9.10.3 . Last Mile Navigation*: used to send information on the last destination selected by the VEHICLE on the MOBILE APPLICATION;
9.10.4 . Parking Finder, Fuel finder, Charging Station Finder: used to locate the nearest parking and refuelling areas (also for electric or PLUG-IN Hybrid VEHICLES) to suit the user's needs;
9.10.5 . Live Weather, Live Traffic and Speedcams: used to receive real time information on the trip (weather, traffic or speed control cameras) directly on the VEHICLE.
9.10.6 Calendar Integration: used to remind the user of an appointment saved in the user calendar and navigate to the appointment destination, directly from the on-board navigator on the VEHICLE;
9.10.7 Navigation StreetView: used to view photographic images of a selected destination (360 degrees view), directly from the on-board navigator on the VEHICLE;
9.10.8 Predictive Navigation: Navigation system can memorise users most frequent destinations and suggest routing (can be linked to Connected Personal Account). User can enable / disable the function via navigation settings
* Where compatible with the radio appliance
9.11. Maserati Guard
9.11.1. Theft Alarm Notification
This SERVICE, where available, allows the SUBSCRIBER to receive a notification on his/her mobile device, if one of the following events occurs – ignition is switched off and the doors are locked:
- The vehicle alarm is activated
- The vehicle is moved
- The battery is disconnected
To use this service, the SUBSCRIBER must have installed the Maserati Connect app on his mobile device and must have enabled notifications for the Maserati Connect app in the settings of his mobile device.
9.11.2 Stolen Vehicle Assistance
This SERVICE, where available, allows the SUBSCRIBER to contact a Secure Operating Centre in case his vehicle is lost and / or stolen. The Secure Operating Centre can be contacted by phone; the call can also be initiated via the Maserati Connect app in the dedicated section. The Secure Operating Centre will work directly with the relevant law enforcements to locate stolen vehicle, when possible, subject to declaring the theft to the relevant authorities. This SERVICE is provided by a SERVICE PROVIDER external to MASERATI and dedicated to Maserati customers.
ATTENTION: In some cases, for example in the case of tampering with the vehicle’s hardware, the location cannot be guaranteed.
9.11.3 Stolen Vehicle Tracking (available in the UK only)
The SERVICE, where available, will send a silent alert to the Secure Operating Centre in case the vehicle is driven without an ADR card on board. The Secure Operating Centre will immediately start tracking the stolen vehicle, contact the SUBSCRIBER to confirm the theft of and will work directly with the relevant law enforcements to locate stolen vehicle. This SERVICE, were available, is Category S5 Thatcham approved and uses Automatic Driver Recognition (ADR).
This SERVICE is provided by a SERVICE PROVIDER external to MASERATI; please refer to the provider's terms and conditions of use for further information or contact our Customer Care.
9.12. Optional services
9.12.1 WI-FI Hotspot
This SERVICE, where available, enables driver and passengers to connect up to 8 Wi-Fi capable devices (per vehicle) to the in-vehicle Wi-Fi hotspot. Devices connected to vehicle's hotspot use data from the Maserati Wi-Fi Hotspot Data Package. The Data Package is provided by a Mobile Network Operator external to MASERATI Mobile Network Operator (hereinafter also referred to as MNO) and can be purchased on the MNO dedicated web page. User will be required to subscribe and accept the MNO terms and conditions for the service on the MNO dedicated web page.
9.12.2 Alexa in vehicle
This SERVICE, where available, enables driver and passengers to utilize Amazon Alexa services through voice commands from the vehicle. User must have a valid Amazon Alexa account and will be able to use all his active Amazon Alexa servicers from the vehicle. Terms and condition accepted during subscription to Amazon services apply.
9.12.3 Add App
This service, where available, enables customers to download well known applications directly from the Head Unit to enrich and personalise his/hers in-vehicle experience and add desired functionality. The main applications categories include: music streaming, podcasts, news, weather applications and POI search.
9.13 Third Parties Services
Some of the services described in this document, or services that MASERATI may decide to introduce in the future, are provided by third parties, external to MASERATI. Those services are subject to specific Third Parties’ Terms and Condition that must be read carefully and accepted to obtain the service. Maserati decline any responsibility related to the supply of those services.
10. DURATION, RENEWAL AND TERMINATION OF SERVICES
10.1. Duration
Notwithstanding the provisions of article 9.1.1, these GENERAL CONDITIONS have a duration which is shown on the WEBSITE.
Upon expiry of the period, these GENERAL TERMS AND CONDITIONS shall be understood as automatically terminated without the need for any notification to this effect by the CUSTOMER or MASERATI.
Without prejudice to the above, the CUSTOMER will have the possibility to renew the SERVICES for payment (articulated in specific packages that will be discretionally offered by MASERATI) by purchasing same through the WEBSITE.
For the renewal of the single package offered by MASERATI, the CUSTOMER must pay the relative amount according to the methods updated from time to time on the WEB SITE.
The renewal of the GENERAL CONDITIONS will be effective for the period chosen by the CUSTOMER among the available options and based on the rates and according to the procedures published on the WEBSITE when the procedure is activated.
Due to technical limitations of the SIM of the DEVICE, the renewal must take place within one year from the expiry date of these GENERAL CONDITIONS.
After such deadline, the SERVICES can no longer be renewed.
In the event that the CUSTOMER wishes to use the SERVICES again, he or she must request the installation of a new DEVICE on the VEHICLE at his or her own expense.
10.2. MASERATI’s right to termination
MASERATI has the right to immediately terminate the SERVICES if the CUSTOMER violates any part of these GENERAL CONDITIONS or uses the SERVICES for illegal or improper purposes. Improper use including but not limited to tampering with the DEVICE and/or removing it from the VEHICLE when not authorised by MASERATI. No compensation or reimbursement will be due by MASERATI to the CUSTOMER in the cases of termination indicated above.
10.3. Sale of the VEHICLE or loss of possession (THEFT or destruction) of the VEHICLE - Notification to MASERATI
If the CUSTOMER decides to sell, or in the event of termination of the rental/lease of the VEHICLE or in the event of scrapping or destruction of the same, the CUSTOMER is required exclusively to communicate to the new purchaser of the VEHICLE the existence of the aforementioned SERVICES.
The new purchaser of the VEHICLE, within the period of validity of the SERVICES, will in fact continue to be able to use the SERVICES themselves.
In relation to the Vehicle Health Report SERVICE, the CUSTOMER will be required to inform the new purchaser in order to allow him to change the destination email address, by contacting the MASERATI assistance network and/or Customer Service.
Should the CUSTOMER sell the VEHICLE without having previously informed the new buyer, MASERATI will not be in any way responsible for the further collection of the data, believing, in good faith, that they belong to the CUSTOMER.
Furthermore, the CUSTOMER will remain liable pursuant to these GENERAL CONDITIONS for the proper or improper use of the SERVICES.
It also remains understood that MASERATI is not responsible for damages deriving from violations connected to the processing of personal data in the event of failure of notification about the aforementioned circumstances.
The CUSTOMER declares that he or she will not access or use any data relating to the VEHICLE following the sale to third parties and/or at the end of the rental of the VEHICLE.
11. ECONOMIC ASPECTS
The data connection between the DEVICE and the OPERATING SYSTEM is ensured by a subscription card for the telephone service present inside the DEVICE without additional traffic charges for the CUSTOMER.
Connectivity is active only in the countries indicated on the WEB SITE of these GENERAL CONDITIONS.
12. PROCESSING OF PERSONAL DATA
The personal data and VEHICLE data (“Data”) collected through the DEVICE will be processed according to the Maserati Connected Vehicles Global Notice, fully referenced herein and always available on the WEBSITE. It must be understood as supplementing the “Maserati Vehicles Global Notice” and “Global Privacy Notice”.
13. Safety
MASERATI will maintain technical, physical, logical and administrative measures for the security of the Data in order to protect any information under its control from loss, improper use and/or alteration, guaranteeing a method of secure authentication and encryption of the relevant Data. All information is stored in accordance with adequate security standards with limited access to authorised personnel and/or MASERATI representatives and SERVICE PROVIDERS.
It is understood that it is the full responsibility of the CUSTOMER to comply with all the rules and procedures relating to safety indicated in the documentation provided from time to time by MASERATI, in order to implement any recommended measure in order to protect its contents, data and/or software. Furthermore, the CUSTOMER acknowledges that it is his or her sole responsibility to keep the antivirus system and the operating system of his devices with which they are using the SERVICES constantly updated. The CUSTOMER also acknowledges that it is his or her sole responsibility periodically to store and update the credentials used to access the WEBSITE and/or the APP: the credentials must be kept secret and under the full control of the CUSTOMER, and the use of credentials must be exclusive to the CUSTOMER alone. The CUSTOMER acknowledges that it is his or her sole responsibility to preserve the confidentiality and integrity of the credentials and of the DEVICE, exempting MASERATI from any liability in relation to failure to observe the rules and procedures relating to security. The CUSTOMER acknowledges that although MASERATI provides a data communication infrastructure in line with the best available standards, MASERATI cannot guarantee the absolute security of the transmission of information via the Internet and other third-party communication networks, and therefore cannot guarantee that communications are not intercepted by third parties. In the SERVICES provided to CUSTOMERS, voice signals and Data are transmitted between MASERATI response centres and CUSTOMER VEHICLES via mobile phone networks.
The CUSTOMER agrees that MASERATI will not be liable for any damages due to the loss of Data occurring in communications using such networks. The CUSTOMER accepts the characteristics and limits of the Internet network. The CUSTOMER confirms his/her awareness of the intrinsic nature of the Internet network and, in particular, of its technical prerogatives and the response times necessary to consult, analyse or transfer data. The CUSTOMER must promptly inform MASERATI of any defect or lapse encountered in the SERVICES. If MASERATI was not informed of the sale or transfer of the VEHICLE to third parties, a forwarding of information relating to the VEHICLE, previously approved by the CUSTOMER, or other information relating to his or her account could be constantly continue to be sent to the address previously stored in relation to the VEHICLE. In such eventuality, MASERATI will in no way be liable for any prejudice related to the loss of Data that the CUSTOMER and/or the user of the SERVICES could suffer.
14. SPECIAL INFORMATION ON SERVICE AND SYSTEM RESTRICTIONS
14.1. Territorial availability
The CUSTOMER acknowledges that as of now the SERVICES are available in the countries detailed in the list on the WEBSITE, subject to the provisions of article 17 below. MASERATI does not deliver the SERVICES outside of these countries and therefore, in such cases, does not assume any responsibility towards the CUSTOMER and/or the users of the VEHICLE.
For any information concerning the availability and activation of the SERVICES, please refer to the WEBSITE.
14.2. Ownership of the technology
MASERATI and its SERVICE PROVIDERS, as far as they are liable, are and will remain at any time owners of all rights, titles and interests in respect of (i) any hardware, software and related technology used together or in connection with the SERVICES, and (ii) any intellectual property right or other proprietary right, including without limitation all patents, copyrights, rights in trademarks and trade secrets contained therein. The CUSTOMER accepts that it is prohibited, and agrees not to copy, decompile, decompose, reverse engineer, reduce derivative works or manipulate any technology or data or content stored or integrated into the equipment used to receive or operate the SERVICES (collectively the "Equipment technology") or otherwise modify or tamper with such equipment. The CUSTOMER also agrees not to upload, publish, transmit or otherwise make available any material containing software viruses or other codes, files or computer programs designed to interrupt, disable or limit the functionality of the SERVICES. Any software contained in the VEHICLE is only granted under licence for use together with the SERVICES. Furthermore, any data or other contents of the SERVICES is protected by the laws on copyrights and by other legislation on intellectual property and all the rights of property are attributed to MASERATI and to the SERVICE PROVIDERS. The CUSTOMER has the right to the technology of the equipment only for personal, non-commercial use and in relation to the SERVICES.
15. CUSTOMER LIABILITY
15.1. General principles
The CUSTOMER may use the DEVICE exclusively under the conditions defined in these GENERAL CONDITIONS and
- Must not divert the use of the DEVICE for commercial reasons or to sell products and/or SERVICES;
- Must not use the DEVICE to harm others or for a purpose that is contrary to public order or morality, or that infringes any third party’s rights;
- Must not commit any infringing act, or reproduce, download, represent, modify all or part of the DEVICE, or use a “robot” or a website “copier”;
- Must not access and/or tamper with the DEVICE, since it is an automated data processing system. Fraudulently accessing or tampering with such a system is forbidden and subject to criminal prosecution. This is also the case for the obstruction or alteration of the functionality of the system, or the suppression or modification of data contained therein;
- Must not disrupt the normal operation of the DEVICE, nor introduce any virus or any other technology that is harmful to the application or related SERVICES.
The CUSTOMER must be an adult and confirm that he or she is competent and has all the means necessary to access and use the SERVICES.
The CUSTOMER is fully liable for his/her use of the DEVICE, its related SERVICES and the information he/she provided. The CUSTOMER must use the DEVICE in good faith, and comply with the present GENERAL TERMS AND CONDITIONS and applicable laws and regulations, notably the laws relating to intellectual and industrial property, IT, file management and protection of personal data.
The CUSTOMER must not commit any action that could put at risk the IT security of MASERATI or of the CUSTOMER themselves, nor should he or she interfere with or interrupt the regular operation of the WEBSITE.
MASERATI reserves the right to suspend the use of the DEVICE to each CUSTOMER that violates these GENERAL CONDITIONS and to communicate all the necessary information to the relevant authorities.
15.2. Telephone contact
The CUSTOMER may provide 1 (one) telephone number to enable the provision of the SERVICES. If the person answering the call is not able to confirm the need for assistance, the OPERATING CENTRAL will be able to contact the local public emergency medical service (ambulance) according to article 9.1.2, in compliance with current regulations, and pass on to same, when necessary, the personal data of the CUSTOMER as specified in further detail in Art. 12 above.
The CUSTOMER undertakes to promptly notify MASERATI of any change in telephone numbers, relieving MASERATI of any harmful consequences that MASERATI may suffer as a result of failure to comply with the obligations referred to in article 15.
15.3. Correct use of the SERVICES
The CUSTOMER undertakes not to use any of the SERVICES for fraudulent, illicit or abusive purposes, or those that interfere in any way with the provision of services to other customers or, in any case, those not in line with the provisions of these GENERAL CONDITIONS. The CUSTOMER undertakes not to use the SERVICES or operate them improperly in such a way as to damage commercial operations, services, reputation, employees, or facilities of MASERATI or SERVICE PROVIDERS. The CUSTOMER therefore acknowledges and expressly agrees that he or she is liable for any amount claimed by others against MASERATI, plus any expenses, arising in whole or in part from such use or from his or her own actions.
The CUSTOMER therefore acknowledges and expressly agrees that he or she cannot resell, copy, store, reproduce, distribute, modify, exhibit, publish, perform, transmit, disseminate or create derivative works from the contents received through the SERVICES and cannot use the contents received through SERVICES for commercial purposes. Some information received via the SERVICES belongs to MASERATI, the SERVICE PROVIDERS or to other third parties which provide it through MASERATI. Such information could be covered by one or more copyrights, commercial trademarks, service trademarks, patents or other legal protection. The CUSTOMER undertakes not to use and/or copy the contents received through the SERVICES unless explicitly authorised by MASERATI or the SERVICE PROVIDER.
15.4. Other users or occupants of the VEHICLE
THE CUSTOMER IS THE SOLE PARTY RESPONSIBLE FOR ANY USE OF THE SERVICES IN THE VEHICLE, EVEN IF OTHERS USE THEM AND EVEN IF THE USE WAS NOT AUTHORISED. THE CUSTOMER IS SOLELY RESPONSIBLE FOR THE SERVICES REQUIRED BY SAME OR BY ANYONE WHO USES HIS OR HER VEHICLE, OR ACCESSES THE SERVICES THROUGH SAME. The CUSTOMER therefore undertakes to inform all users and occupants of their VEHICLE about the SERVICES and the system functions and restrictions, as well as the terms of these GENERAL CONDITIONS and the Maserati Connected Vehicles Global Notice.
No liability can be ascribed to the SERVICE PROVIDER or to MASERATI as regards the way in which the VEHICLE is used by the CUSTOMER and/or the driver.
If the CUSTOMER and/or driver of his/her VEHICLE uses the SERVICES to commit an offence or for other improper purposes, the CUSTOMER shall be liable for any damages attributed to MASERATI as a result of such use.
15.5. Compliance with road safety regulations
Compliance with road safety regulations is a priority and MASERATI is not responsible for any violations committed when using the VEHICLE, including violations committed in relation to the current, applicable, road regulations.
15.6. Installation, use and maintenance of the device
The CUSTOMER acknowledges that the correct installation and activation of the DEVICE are essential conditions for the supply of the SERVICES. The installation and activation of the DEVICE is carried out by MASERATI. The CUSTOMER acknowledges that the DEVICE carries no risk to health or to the safety of the VEHICLE and not to alter same in any way.
Any installation, de-installation, replacement, repair, maintenance or other intervention on the DEVICE must be carried out by an MASERATI-authorised installer that the CUSTOMER can contact via MASERATI Customer Care.
In the event of a malfunction or failure of the DEVICE, the CUSTOMER will arrange for the VEHICLE to be brought to the delivery centre where the VEHICLE was collected or to another centre authorised by MASERATI.
16. GUARANTEES AND RESPONSIBILITIES
16.1. No guarantee
The warranty of the VEHICLE and/or the warranty of the hardware manufacturer (if applicable) includes the DEVICE installed in factory in the Vehicle, but does not cover the SERVICES. Furthermore, MASERATI does not guarantee to be able to provide uninterrupted SERVICES or without failures and does not guarantee that the data or information provided is error free. ALL DATA AND INFORMATION ARE PROVIDED BY MASERATI TO THE CUSTOMER AS IS. NEITHER MASERATI NOR OTHER THIRD BENEFICIARIES PROVIDE ANY GUARANTEE, EXPLICIT OR IMPLICIT, IN RELATION TO THE SERVICES OR THE DATA AND INFORMATION PROVIDED. NO GUARANTEE IS PROVIDED IN RELATION TO CONTENT, QUALITY, ACCURACY, PRECISION, COMPLETENESS, RELIABILITY, COMPLIANCE, MARKETABILITY OR SUITABILITY FOR ANY GIVEN PURPOSE. TO THE EXTENT PERMITTED BY LAW, ALL THE AFOREMENTIONED GUARANTEES ARE EXPLICITLY EXCLUDED FROM THESE GENERAL TERMS AND CONDITIONS.
16.2. Liability
Nothing in these GENERAL TERMS AND CONDITIONS shall limit or exclude the liability of MASERATI in the event of personal injury or death arising as a result of its negligence or for fraud or fraudulent statements. Without prejudice to the above, MASERATI is in no way liable and under no circumstance shall it be held liable for any type of loss, damages including those to the CUSTOMER in the event of THEFT, ROBBERY and/or damage to the VEHICLE and/or persons and/or material present on board the VEHICLE, responsibilities, claims and expenses (including but not limited to legal costs, defence costs and termination), direct, indirect or consequential, arising from or relating to the provision or the use of the SERVICES, regardless of the cause, arising from the contract, unlawfulness (including negligence), regulations or otherwise. MASERATI shall not be liable for any loss or damage whatsoever (even where predictable) arising from or relating to the use (including, but not limited to those arising from any breach of the Highway Code), or the inability to use the SERVICES, or the use or dependency on said SERVICES.
MASERATI is not liable for:
- The quality of the SERVICES, as the SERVICES are offered “as is”;
- Any disruption in the use of the WEBSITE;
- Temporary or permanent and complete or partial unavailability of the WEBSITE;
- Any difficulty with response time, and, generally speaking, any failure to perform;
- Any impossibility to use the WEBSITE;
- Breaches of information security that could damage the equipment/devices of the CUSTOMER and the data, unless otherwise specified by law;
- Any violation of the CUSTOMER's rights in general.
Under no circumstance shall MASERATI be held liable for any interruptions or restrictions to the SERVICES for the following reasons:
- Provisions of law or supervised administrative and/or regulatory measures;
- Provisions issued by the relevant Authorities.
17. GENERAL PROVISIONS
17.1. Force majeure
In case of a force majeure event, the services referred to in these GENERAL TERMS AND CONDITIONS will initially be suspended. If a force majeure event lasts for more than thirty (30) days, these terms and conditions shall be automatically terminated, unless otherwise agreed by the Parties. It is expressly agreed between the Parties that force majeure or fortuitous events, in addition to those usually deriving from court decisions, are understood as including but are not limited to: general strikes, lock-outs, epidemics, telecommunications network failures, earthquakes, fires, storms, floods, water damage, governmental restrictions, legal or statutory modifications preventing the performance of the SERVICES. If either Party is prevented from, or delayed in performing any of its obligations under these GENERAL TERMS AND CONDITIONS by a force majeure event, said party will promptly notify the other Party.
17.2. Non waiver
The failure of a Party to exercise or enforce any right under these GENERAL TERMS AND CONDITIONS shall not be deemed to be a waiver of that right nor can it serve to impede the exercise or enforcement of it at any time thereafter. The Parties acknowledge that each Party acts on its own behalf as independent contractors and shall not be considered as the agent of the other Party. Nothing in these GENERAL TERMS AND CONDITIONS is intended to constitute a partnership, franchise, joint venture, or agency relationship. Neither Party may contract for and on behalf of the other. Furthermore, each of the Parties remains solely responsible for its actions, statements, commitments, SERVICES, products and personnel.
17.3. Independence of the Parties
Neither Party has the authority to assume or create an obligation in the name and/or on behalf of the other Party. Furthermore, each Party remains solely responsible for its acts, allegations, commitments, SERVICES, products and personnel.
17.4. Severability
If one or more provisions of these GENERAL TERMS AND CONDITIONS is deemed invalid or so declared by a law, a regulation or a final decision having res judicata effect rendered by a court having proper jurisdiction, the other provisions shall remain in full force and effect. The Parties agree to substitute for any such invalid, illegal, or unenforceable provision a new provision which serves the purpose of the invalid provision to the furthest possible extent.
17.5. Good faith
The Parties declare that the undertakings referred to in these GENERAL TERMS AND CONDITIONS are made fully in good faith.
17.6. Completeness of the agreement
These GENERAL TERMS AND CONDITIONS supersede all prior agreements, arrangements and undertakings between the Parties and constitute the entire agreement between the Parties relating to the subject matter of these GENERAL TERMS AND CONDITIONS. However, the obligations of the Parties under any pre-existing non-disclosure agreement shall remain in full force and effect in so far as there is no conflict between the same. The Parties confirm that they have not entered into these GENERAL TERMS AND CONDITIONS on the basis of any representation that is not expressly incorporated into these GENERAL TERMS AND CONDITIONS.
17.7. Applicable legislation and competent court
These GENERAL TERMS AND CONDITIONS and any dispute arising from or resulting from same will be governed by Italian law. The CUSTOMER and MASERATI accept that any disputes arising from or resulting from these GENERAL CONDITIONS or from the use of the SERVICES by the CUSTOMER, will be subject to the jurisdiction of the Court of Turin, except in cases of exclusive jurisdiction of the residence of the CUSTOMER provided for by law concerning the determination of the presiding court in disputes between professional and consumer.