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Contractual Conditions

General Conditions for Accessing and Using the Technical Information Website

1. Agreement

1.1 The present agreement ("Agreement") is stipulated between your company or contractual subject as specified in art. 2.3, ("Customer") and FCA Italy S.p.A. with headquarters in Torino, Italy, C.so Agnelli, 200, VAT Number 07973780013 ("FCA"). The Customer and FCA are jointly referred to as the "Parties".

2. Purpose of the Agreement and Application Scope

2.1 The subject of the present Agreement is access to the website containing FCA online Technical Information for Fiat, Lancia, Alfa Romeo, Fiat Professional, Abarth, Special Series (“Brands”) vehicles and the services Website www.technicalinformation.fiat.com (“Website”), and use of the Technical Information and Services therein (“Services”) according to the conditions defined below.

2.2 Technical Information means that defined in art. 6 (2) of European Regulation 715/2007 EC. In particular, the term includes all information supplied to Authorised Repairers for repairing or maintaining Fiat, Lancia, Alfa Romeo, Fiat Professional, Abarth and Special Series that FCA Italy S.p.A. (“FCA”) or parties connected to it may introduce onto the market. Particular examples of Technical Information include software, error codes and other parameters, together with respective updates, needed to restore, reprogram, reset, reinitialise or carry out other jobs on electronic control units (ECUs) of the vehicle with the objective of restoring the settings recommended by FCA, or in case of replacement to re-enter such settings; vehicle identification methods; spare part catalogues, including spare part codes, descriptions, price lists and illustrations; technical solutions deriving from practical experience and related to problems typically related to a given model or batch of vehicles; information on recall campaigns and other information related to repairs which must be carried out by the authorised network at FCA's expense. Access to equipment includes access to electronic diagnostic tools (e.g. wiTECHPlus) and other repair instruments, including respective software and periodical updates, and after-sales services which refer to such instruments.

2.3 The material on this Website can be browsed online after payment by credit card as defined in art. 4.2.

2.4 Beside by Authorised Dealership network members, the website may only be accessed by motor vehicle repair and maintenance service providers (companies or individuals), companies either directly or indirectly involved in vehicle repair and maintenance, in particular independent repairers, manufacturers or distributors of repair tools and equipment, independent spare part distributors, technical information publishers, automobile clubs, roadside assistance operators, operators offering MOT test services, repair personnel training operators, alternative fuel device manufacturers and technicians and diagnostic and test instrument manufacturers.

2.5 By registering at the Website, the Customer will agree to accept the terms and conditions of this Agreement.

3. Registration

3.1 Registration is needed to access and use the Website by filling in the registration form which appears on the Website and accepting this Agreement after having read it. The information provided on the registration form must be complete, truthful and supplied in good faith. FCA reserves the right to, without warning, suspend access to the Website permanently if the Customer provided incomplete or incorrect information or does not belong to one of the categories listed in art. 2.4 above.

3.2 For registration, the Customer must provide the following main details: personal details, personal contact details − including email address − and other information conducive to ensuring successful registration or, where authorised, the delivery of marketing information.

3.3 After having supplied and validated the required information, the Customer will receive at the indicated email address an ID code (username) and a password, which can be used to define another password for accessing the Website and the available Services (important: only one username will be created for any one email address).

3.4 Information on personal data protection are contained in the Personal Data section.

3.5 The Customer is solely responsible for safeguarding their password and username and for the use or access to the Website deriving from the use thereof.

3.6 The Customer must procure, at their own expense, the equipment, software and telecommunication services needed to access the Website and use the Services. The Customer must immediately inform FCA in the case of unauthorised use of their password and immediately log off the Website in this case.

4. Costs for Using the Website

4.1 The Website session time and respective prices are provided in detail on the Website. Subscription gives access to information regarding the five brands: Lancia, Fiat, Alfa Romeo, Fiat Professional, Abarth. Single brand and multi brand subscriptions are available, as shown in the table. Taxes are calculated based on the country of residence, indicated by the Customer during registration.

4.2 The session with the times indicated in the table above can be activated directly on the website by using the "Buy" option and paying online by X-PAY CartaSì or PayPal.

4.3 The X-PAY CartaSi Payment System

Technical Information also uses X-PAY CartaSì for paying for purchased services online. After having browsed the virtual store, filled in the order form and supplied all the necessary information, the Customer will be asked for details for paying by credit card as follows:

  1. The connection is transferred from the Website directly to the X-PAY CartaSi secure server. A closed padlock or key will appear on the bar at the bottom of the browser to indicate a secure environment.
  2. The system requires the provision of reserved information including the Customer's details, the number, type and expiry date of the credit card used for payment. Credit card data will be managed and recognised only by X-PAY CartaSì. FCA will have no access to this type of data.
  3. The purchase total is automatically transmitted from the Shopping Cart to X-PAY CartaSi and taxes, where applicable, will be added.
  4. Using this information, X-PAY CartaSi will make a POS transaction on the interbank system and will obtain confirmation or rejection of the payment; if the system validates the payment, the purchase total will be charged to the Customer; if it does not, the transaction cannot proceed unless alternative means of payment are used.
  5. If the payment is confirmed, the Customer will receive an email summarising the order, confirmation of payment and the credentials needed to activate the service.
  6. X-PAY CartaSi will end the session at the end of the operation and the Customer will automatically go back to the Technical Information Website.

See the www.cartasi.it website for more information.

4.4 The PayPal payment system

Technical Information also uses PayPal for paying for online services. After having browsed the virtual shop and entering the required data in the purchase order, the customer will be asked to enter payment data according to the methods established by the PayPal circuit which can be seen at https://www.paypal.com/it/webapps/mpp/ua/useragreement-full

4.5 The session will start at the login date and time, irrespective of the registration date. For example, if after registration the Customer logs on for one hour at 10:18, the session will end at 11:18 on the same day, local time, regardless of the actual browsing and/or connection time. The Customer must therefore determine whether the flat rates indicated in the table are appropriate to their needs with regard to the nature of the technical information required and the agreed browsing terms. For online vehicle ECU and/or electronic component reprogramming/configuration services, the session will start on the date and time of service activation, irrespective of the registration date. After registration, the Customer can activate the service which will end when the operation is successfully completed, irrespective of the actual connection time. The Customer must therefore correctly determine the suitability of their available infrastructure (PC, SW, network speed, modem, connections) and whether the rates indicated in the table are appropriate to their needs, with regard to the nature of the requested service and the agreed term for using it.

5. Website Access

5.1 Access is possible from Monday to Friday except for cases of force majeure. It is specifically agreed that FCA may interrupt, limit, suspend and totally or partially prohibit access to the Website or Services in order to carry out maintenance and update operations, to solve technical problems relating to the server, networks and software, or in the case of non-compliance by a third-party service provider. FCA may amend, add or suspend one of the Services at any time and will inform Customers of this.

5.2 The Customer acknowledges that the public nature of the Internet prevents FCA from guaranteeing that:

  1. the Customer will be able to access the Website or one of its Services at any time
  2. access will not be interrupted in any case and
  3. access will be error-free.

5.3 The Customer also acknowledges that neither FCA nor its suppliers are liable for or bound to compensate for damages consequent to the interruption, suspension, amendment or abandonment of the Website or of one of the Services.

6. Intellectual Property Rights

6.1 All texts, drawings, images, graphics and other material on the Website are the intellectual property of FCA, its associated or affiliated companies and its licensees. FCA and its associated or affiliated companies retain all rights relating to the selection, organisation and management of website material.

6.2 All the registered trademarks shown on the Website are subject to sole property rights for trademarks registered in the name of FCA or of its associated or affiliated companies. The unauthorised use of any registered trademark displayed on this Website is absolutely forbidden.

6.3 The Website, including all materials, is protected worldwide by the laws applicable on a case-by-case basis concerning intellectual property rights and the rules for using such rights, whether or not a statement concerning such rights on materials is present on the Website. The Customer shall comply with all international intellectual property rights relating to the Website and its use and shall not copy materials unless authorised.

7. Guarantees, Responsibilities and Responsibility Limits

7.1 The Customer shall comply with the provisions set out in this Agreement, all the rules governing activities on the Website, the use of Services and Technical Information, together with all national and international laws and standards in force applicable to the Customer's activities on the Website, either directly or through third parties.

7.2 In particular, the Customer shall agree:

  • not to use the Website and the Services in fraudulently, illegally or without authorisation;
  • not use the Website and its Services in breach of current laws on intellectual property, the applicable rules and requirements defined by FCA;
  • not to use the Website in a manner that could disturb or hinder the access of other Customers;
  • not to remove, conceal or damage a statement of copyright, a brand name or statements of property rights added to or contained in the Website and in the Services;
  • not to allow the disclosure or unauthorised copying of part of the Website or of the information and documentation obtained therefrom;
  • not to allow access to the Website or one of its contents or its use via or for the benefit of a third party;
  • not to create frames on other websites using information elements obtained by means of the Services or referring to them;
  • to be liable for the security and/or the use of their username and password and not to reveal them to third parties;
  • to use the Website in accordance with this Agreement.

7.3 In view of the circumstances, FCA may adopt all necessary or appropriate measures with regard to the use of the Website and its Services by the Customer. In particular, FCA may totally or partially interrupt, limit, suspend or prevent access to the Website and the Services without notice or compensation if the Customer's conduct was incorrect or if the Customer's actions were prohibited by law and current standards or by this Agreement.

7.4 FCA shall not be responsible for direct or indirect damage caused to you or to others with regard to your use or management of the Technical Information and Services on the Website. The Customer shall compensate and exempt FCA from any action, payment or damage compensation request arising out of or relating to actions or omissions of the Customer or arising out of or relating to the use of the Website or the Services.

7.5 FCA makes the Website available solely for the purposes of information. As repair and servicing expert of FCA vehicles, the Customer is responsible for verifying the appropriateness and accuracy of information downloaded from the Website and the manner in which such information is used. FCA does not guarantee that the information accessible through this Website is accurate, complete or up-to-date, nor that the Website or any function or material that they contain is free of defects or errors.

7.6 FCA cannot under any circumstances be held liable for the repair and servicing operations carried out on vehicles by the Customer or third parties using the Technical Information and/or the services offered by the Website, because the executors alone are fully responsible.

8. Duration of the Agreement

8.1 The duration of this Agreement is indefinite. The Customer may withdraw from the Agreement at any time by means of written communication to be sent to FCA by registered mail.

8.2 The Parties may terminate the Agreement at any time following failure of either to respective the obligations deriving from the Agreement.

9. Auditing Rights

9.1 FCA is entitled to periodically audit Website use by the Customer, in compliance with the confidentiality clauses of this Agreement, to ascertain that the Customer complies with the Agreement.

10. Updating of the Website

10.1 FCA reserves the right to amend the access methods to the Website at any time. The Customer is responsible for implementing the amendments and updates and must therefore consult the Website regularly to establish the conditions to be applied.

11. General Conditions

11.1 Transfer: The Customer cannot transfer any right or obligation contracted as a result of this Agreement without the prior written authorisation of FIAT.

11.2 Waiver of rights: The fact that a Party either does not assert or delays to assert a right, power or privilege deriving from these Contractual Conditions cannot be interpreted as a waiver of said right, power or privilege. A right is effectively waived only if this is established in a written document signed by the Party affected.

11.3. Notifications: All notifications pertaining to these Contractual Conditions must be sent by mail or fax and confirmed by means of registered mail with advice of receipt.

11.4 Autonomy of provisions: The invalidity or inapplicability, either total or partial, of one of the provisions of this Agreement will not imply the invalidity or inapplicability of other provisions with regards to laws or standards currently in force.

11.5 Force majeure: Events of force majeure are, in addition to those normally considered such in jurisprudence by Italian courts, specifically strikes inside and outside the company, bad weather, restrictions, changes imposed to forms of marketing by the government, legal amendments, computer faults and telecommunication shutdown, deterioration of the FCA servers, and any other case which does not depend on the express intention of FCA. Execution of these contractual conditions will be initially suspended by right in case of an event of force majeure. If, after a period of three months, FCA and the Customer ascertain that the event of force majeure persists, this Agreement will be automatically terminated unless otherwise agreed by FCA and the Customer.

12. Manner for Solving Disputes

The Parties shall operate in good faith to solve any disputes which could arise with regards to this Agreement. In case of dispute arising from or related to the present Agreement, if the Customer (independent repairer or association of repairers) so requires, FCA agrees to accept an arbitration mechanism for solving the disputes in accordance with the rules of the International Arbitration Chamber of Milan via the risolviOnline.com procedure. The online arbitration process will be conducted with the assistance of an arbitrator of the Member State where the Customer is based in the official language of said Member State. The specific regulations and procedures are described on the http://risolviOnline.com website.

Disputes which may be solved by the arbitration mechanism are, by way of indicative, non-exhaustive example: application/interpretation of this Agreement, availability of technical documentation (repair manuals, flat rate manuals, spare parts catalogues, training), completeness of technical information, languages in which technical information is available, subscription to websites, purchasing of technical documentation and diagnostic equipment, prices and discounts, payments, interruptions/faults of the Services on the Website (if attributable to FCA). The arbitration mechanism is not applicable for disputes not directly deriving from the Agreement and the Technical Information present on the Website including, by way of indicative, non-exhaustive example: delays in delivery of spare parts and/or genuine FCA equipment, delays in repairing FCA vehicles caused by delay in delivery of spare parts and/or genuine FCA Mopar equipment, warranty and product claims concerning FCA vehicles, generic claims on FCA vehicles, claims related to FCA network dealerships and/or repairers, claims related to vehicle assistance.

Unless otherwise agreed by the Parties, if the dispute is not solved by means of arbitration within 45 days from the beginning of arbitration, the dispute may be submitted to the exclusive jurisdiction of the Court of Turin. This Agreement is governed and interpreted in accordance with Italian law. The Italian language prevails over any translation of this Agreement.

The arbitration mechanism does not affect the Customer's right to submit a claim directly to the exclusive jurisdiction of the Court of Turin.

13. Specific Approval

The Customer specifically declares to have examined the following articles and to approve them in accordance with Art. 1341 of the Italian Civil Code:

art. 2
art. 5
art. 7
art. 8
art. 11
art. 12