GENERAL CONDITIONS OF USE OF SERVICE

GENERAL CONDITIONS OF USE OF SERVICE

1. Scope of the contract

1.1 Axylog S.r.l.s., hereafter denominated Axylog, with its platform transportagency.com, hereafter denominated also Service, offers a system for the sharing of information among the players of the logistic chain. Through transportagency.com the users can exchange data and information. Axylog is not to be considered an active party in the exchange of information but simply makes the necessary infrastructure available to users. The Service consists of an integrated system of web and mobile applications via internet wfrohich are dedicated to the integration of information all along the logistic chain. accessibili via internet dedicate all’integrazione delle informazioni lungo la catena logistica.

2. Obligations relative to registration

2.1 The companies that wish to use the Service must supply the company information requested during the registration procedure, ensuring that this information is complete and accurate. The present conditions of use concerning the use of transportagency.com will become effective between Axylog and the user following receipt of confirmation from Axylog, ordinarily sent via e-mail.

2.2 Axylog reserves the right to refuse registration or to cancel registration in the event of evidence of false information or of misuse. The right to registration does not exist.

2.3 Every user can nominate a username and a password for their own personal identification. Once Axylog has activated them, users can access the transportagency.com platform using their username and password.

2.4 The user is responsible for ensuring that his password and the data available in transportagency.com do not fall into the hands of unauthorised third parties. In the event that the user comes to know of a violation of the security of the information saved in transportagency.com, for esample of the theft or unauthorised used of the user’s access data of the divulgence of company data, or should he believe such events to be possible, he must immediately communicate this information to Axylog.

2.5 The user or other persons are not authorised to register themselves using the username and the password of other users. The user assures that he will undertake to regularly change his password.

2.6 All the rights to the user’s data entered in transportagency.com remain at the disposal of the original possessor, in so far as these data are not conceded by the present general conditions or must not be conceded in order to reach the common contractual objective.

2.7 Axylog can introduce new versions, changing the current one in order to offer services that are continuously up to date and it aims to offer an alternative technology in future. No right exists to the updating of software for the user.

3. Platform safety and availability

3.1 All users are required not to manipulate transportagency.com nor the functions contained in it. They must not insert, under any circumstances, material and data in transportagency.com that may damage or remove programs and systems from the server, or data and information that may overload other users with elevated volumes of data that are unnecessary to the transaction.

3.2 The information that transportagency.com supplies to users may be divulged to third parties only upon written consent on the part of Axylog. The information contained in the home page, which can be accessed without a username or password, is not subject to this rule.

3.3 transportagency.com may contain links that send the user to other internet pages and other content. Axylog is not to be held responsible either for the accessibility, the availability, the contents, the publicity or for the products presented in these external pages.

4. User behaviour

4.1 Users are required to respect and apply all the laws, local, national and international regulations in force that are of relevance to the use of transportagency.com.

4.2 It is forbidden to collect and examine all the information and all the data regarding other users.

5. Responsibility

5.1. Axylog is not liable for the actions or the omissions of the users of transportagency.com unless the law itself imposes that responsibility.

5.2 Axylog is not liable for damages suffered by users deriving from the use of transportagency.com unless such damages are traceable to malice or serious fault on the part of Axylog, of its legal representatives or of its operators and only in the case in which the responsibility cannot be limited by law, as in the case of damage to persons or deriving from responsibility for the product.

5.3 Axylog will be liable for light negligence only if a duty, the execution of which is of fundamental importance to reaching the contractual scope, has been violated.

5.4 The user is aware of the fact that the data, information and declarations communicated are not produced by Axylog. Accordingly Axylog is not liable for the data, information and declarations communicated through transportagency.com, and in particular for their completeness, accuracy or up-to-dateness, nor is it liable for the fact that they are not covered by author’s rights or by other third party rights.

6. Guarantee

6.1 Axylog will endeavour to make transportagency.com constantly available for all users. Axylog guarantees users the security, the availability and the perfect conditions of the connection and of the application guaranteed to him by his provider. Nevertheless, Axylog cannot guarantee that transportagency.com will be available continuously and uninterruptedly, secure and problem free.

6.2 Axylog reserves the right to interrupt the availability of transportagency.com in order to proceed with maintenance work. Such work will be carried out outside the normal office working hours of industry activities, with the exception of emergency interventions. The standard maintenance operations in progress at that time will be given on the log-in page of transportagency.com.

6.3 Axylog does not assume any responsibility for connections to users’ systems that are not made by Axylog.

6.4. Axylog does not guarantee the reaching of results with the use of transportagency.com, nor the accuracy, the quality, the identity and the reliability of the users, the contents or any information that is obtained from the platform. Any errors of content present in the data are not corrected by the platform.

6.5 Responsibility for the loss of data or damage to systems caused by the downloading of unverified or damaged data or by the use of material or data via transportagency.com is attributable to the users themselves.

6.6 In the event that remote access is conceded to Axylog for maintenance and help in installing, it is the client’s responsibility to make that access safe and prevent its unauthorised use by third parties.

7. Assistance

7.1. Assistance is only for registered users.

7.2 Requests for assistance must reach Axylog only through its own ticketing service which can be accessed via the appropriate reserved area, in which the users can also access the FAQs and specific guidance instructions for the use of the service.

8. Limits of enforceability

1. Causes of force majeure: events that, objectively, prevent the Axylog personnel or specialised third parties from reaching the places from which the service is provided, such as: strikes and demonstrations that block communication routes; sociopolitical events or acts of vandalism, road accidents, wars and acts of terrorism, natural disasters such as floods, storms, hurricanes, etc.;

2. Unavailability or blocks in services that can be attributed to anomalies and malfunctioning of the applicative/managerial software supplied by third parties;

3. Unavailability of the Internet Service due to malfunctioning on the Upstream Providers or public and private Peering (e.g. GARR);

4. Unavailability or blocks in the service attributable to anomalies and malfunctioning of connectivity supplied by third parties (e.g. Wind, Telecom).

9. Communications

9.1 All communication of a legal nature directed to Axylog must be sent in a written form by e-mail or by post. Declarations of a legal nature on the part of Axylog will be sent to the e-mail address or postal address given at the moment of registering. E-mails from Axylog will be considered received if they are not returned to the sender as not valid or not deliverable within 48 hours of their being sent.

10. Competent court, place of execution

10.1 The competent court for all controversies is Fermo (FM) if the contractual partners are commercial businessmen. Axylog reserves the right to start legal action also at the court that is territorially competent for the user.

10.2 The place of execution of the service is the registered office of Axylog situated in Campofilone (FM).

11. Deferral

11. 1 Any total or partial inefficacy of the single dispositions will not prejudice the validity of the remaining dispositions. Any ineffective contractual dispositions shall be substituted by valid regulations, agreed between the parties, that draw nearer to the economic spirit of the ineffective disposition. The same is valid for any omissions in the regulations.