The General Terms of Use govern the access and use of the Orizon Platform and the App and can be found on the following page https://myorizon.orizon.pro/terms-of-service.
These activities, as well as access to and use of the Services, as defined below, provided by Cartello S.r.l. with sole shareholder, with registered office in Via Terrarossa 1, 16042 - Carasco - Genoa (ITALY) (hereinafter also only "Cartello") presuppose the prior reading, knowledge and acceptance of these General Terms and Conditions of Subscription, as set out below.
These General Terms and Conditions of Subscription of Cartello regulate the use of the Services by the Users, by means of a specific Subscription, as better specified below.
If the User does not agree to these General Terms and Condition of Subscription, he will not be able to access and use the Orizon Platform and the App, as well as receive the Services by Cartello.
1.1 In these General Terms and Conditions of Subscription, words with capital letter, singular or plural, shall have the meaning indicated below, unless a different meaning is explicit:
2.1 These General Terms and Conditions shall apply to natural persons acting, in the relationship regulated herein, also for purposes not related to their professional or entrepreneurial activity. The General Terms and Conditions acknowledge commercial usage and regulate the relationship for the supply of Services to Users, constituting a single source of regulation for that relationship with the annexes and all other forms provided to the User by the Owner and/or the Provider. They are disclosed and available to the User at the time of the relevant subscription. A specific copy of these General Terms and Conditions is provided to the User by e-mail address provided during registration, and a second copy is always available in the "General Terms and Conditions" section of the Platform or App, which can be consulted at the link https://myorizon.orizon.pro/terms-of-service.
2.2 By signing these General Terms and Conditions, the User acquires a Subscription to the Services provided by the Provider on behalf of Cartello, with reference to the operation and control of the Product Components purchased by the User (as defined in article 3) via Device connected through the Platform or App. The Services, as specified in Article 5 below, shall be provided through the operation, after installation, of the Product Components, and use of the Orizon Platform and App via the Device, in accordance with the General Terms of Use accepted at the time of first access.
3.1 The Product Components supplied to the User consist of hardware and software components and related extensions, supplied to the User by Cartello and functional to the provision of the Services, as set out in the Product Component sheets, which can be consulted on the following page https://www.orizon.pro/features/.
3.2 In order to provide the Services to the User by the Provider, on behalf of Cartello, in accordance with these General Subscription Terms and the General Terms of Use for access to the Platform and App, the Product Components shall be installed by the User on their vessel or fleet, as specified in the technical details provided in the Product Component sheets and in compliance with the instructions supplied by Cartello, pursuant to the individual purchase agreement entered into by the User with Cartello, at which time a dedicated installation, usage, and maintenance manual shall be delivered.
3.3 Any unsubscribe from the Subscription and/or termination of the Services and/or failure to access the Platform or App, for any reason and cause, does not imply the User’s right to return the Product Components to Cartello, except as specifically provided for in the individual purchase contract of Product Components.
3.4 In case of transfer of the Product Components, the User is liable for providing communication of the new data to the Provider in accordance with the procedure that shall be made known by Cartello. In any case, Cartello reserves the right to verify the identity of the new User and the accuracy of the data provided.
4.1 When accessing the App or the Platform for the first time, the User is required to create an Account by Registration. Upon Registration, following the standard automated procedure of verification of the User by the service center of the Provider, the Account Credentials shall be issued to enable Access to the Platform and App which shall be subsequently requested at each access. The Account is strictly personal, and the User cannot use another person's Account. When creating your Account, it’s necessary to provide accurate and complete information.
4.2 At the time of registration, the User shall be asked to enter the data relating to the vessel on which the Product Components will be installed and in relation to which the Services will be provided, all in accordance with the data entry procedure, which can be consulted at the following link [*].
4.3 In order to access the Services, the User shall previously activate the Subscription by choosing from the available types of Services and accept these General Terms and Conditions. At the activation of the Subscription, the User shall pay the first Subscription fee. Subsequently, the User will receive an e-mail at the e-mail address provided during Registration with a summary of the order placed and the relevant payment, as well as a copy of these General Terms and Conditions. Subject of the Subscription is the use of the Services by the User for the entire Subscription period subscribed without additional charges.
4.4 The User can choose to purchase the following Subscriptions [*]:
A. Basic Subscription:
B. Unlimited Extension:
4.5 The User shall pay to the Provider, on behalf of the Holder, as consideration for the Subscription, the amount indicated at the time of Subscription activation. Amounts are expressed in euros, VAT included, unless stated otherwise. The User shall make subsequent payments for the Subscription in accordance with the formula selected during activation as follow [to be defined]:
4.6 The Subscription to the Services shall automatically update on an annual basis; the Subscription shall terminate at the end of 12 months.
4.7 The request for a tax invoice implies the addition of further information, necessary for the compilation of the tax document, as indicated in the Privacy Policy, available at the following link (https://myorizon.orizon.pro/privacy-policy). The User accepts that, where requested, the invoice relating to the purchase of the Subscription, issued by Cartello and forwarded by the Provider, will be sent to the e-mail address provided by the User during Registration.
4.8 Out of the cases provided for by Article 13 (Withdrawal), the User may turn off the Subscription at any time and at no additional cost through the procedure indicated on the Orizon portal and App. If the User decides to turn off the Subscription, he/she will have the option to continue using the paid Services until the expiry of the period already paid. Deactivation of the Subscription shall not entitle the User to any refunds, which may be issued by the Provider at its sole discretion.
4.9 When the basic subscription expires, the User will be able to access and consult their boat data for the next 12 months. Prior to the expiration of these 12 months, the User will receive an email notifying them that the data pertaining to their boat, unless the service is renewed, will no longer be accessible.
4.10 The User may at any time reactivate the service with automatic renewal by accessing the subscription management area for a specific vessel.
4.11 Any price changes or discounts on the purchased Subscription shall be communicated to the User in compliance with the legislation applicable at the time. In any event, any change shall involve a prior notice to the User and, if applicable, the manner of acceptance of the change. The price change shall be effective as of the Subscription period following the date of the price change. Subject to applicable law, the User accepts the new price by continuing to use the Services after the change is made effective. If the User does not wish to accept the price change, the User has the right to reject it by unsubscribing from the Subscription before the price change becomes effective.
4.12 In the event of a change in these General Terms and Conditions, other than changes in the price of the Subscription or the Services and changes due to technical improvements of the App or the Platform, the User will be notified within 15 days before the change becomes effective by sending an email to the email address linked to the account. If the User does not accept the changes made, the User shall cancel the Subscription.
5.1 The following Services are included in the consideration of the Subscription:
6.1 In relation to point no. 11 of Article 5 above, the Platform allows the User to leave a review or feedback relating to the service provided by the professional who may have intervened following the request sent to the Orizon Control Centre; this possibility refers exclusively to the intervention of the professional and not to the functionality of the Platform. Such feedback is accessible to all Users of the Platform and to the professional providers of any assistance service requested by the User, who will have the right to reply. Feedback and the related reply are the only communications that the Platform allows to be published, in fact further reply is not possible.
6.2 With Legislative Decree no. 26/2023, published on 18 March 2023, Italy has implemented the so-called "Omnibus Directive" (Directive no. 2019/2161) which intervened to regulate, among other things, the online review market. In compliance with the aforementioned European and national regulations, transparency must therefore be guaranteed towards Users also in relation to feedback and related replies. In particular, the applicable laws provide that the professional is required to verify that the reviews published come from consumers who have actually used the service, as well as to verify that the reviews are truthful, even when conveyed via social media, given the prohibition on the publication of false reviews.
6.3 Since reviews and replies can be exchanged exclusively between Users and participating professionals, it is not the responsibility of Cartello S.r.l. to control and in any way to manage what is published through the channel, as this activity does not refer to any of the services provided via the App or the Platform, but exclusively to the professional activity carried out by the technician who intervenes following the reporting referred to in point 11 of the Article 5. It is therefore the responsibility of the Users to ensure that the feedback and replies are truthful and referable to services actually rendered and received by the professional. In light of this Article 6, we reiterate the prohibition on the publication of false reviews or reviews whose content does not refer to a service actually rendered by a professional; to this effect, a review, according to the methods permitted by the Platform, must be an honest account of the User's personal experience, this in the interest of all other Users, including consumers.
6.4 To ensure that each review reflects a personal experience, it is not possible to write a review for others or use another account to post; furthermore, it is not possible to publish reviews when the User has had exclusively telephone contact with the professional.
6.5 It is not possible to publish reviews or replies that are not relevant to the service provided by the professional. Specifically, regarding the type of content, we invite you to read the provisions of the Code of Conduct at the following link https://myorizon.orizon.pro/code-of-conduct.
6.6 If a user believes that a review has been written in a fraudulent or untruthful manner, they are invited to report it to User Services at the email address customercare@orizon.pro and/or at the number 018535341. In any case, it is recommended not to publish reviews referring to the potentially false or fraudulent review.
7.1 The provision of the services related to direct assistance service operates, today, in the following countries: ITALY. The service is constantly expanding throughout Europe and beyond, please consult the website www.orizon.pro to obtain the updated list of our partners. Monitoring services are available throughout the territory covered by the GPRS and SAT Manager.
7.2 The User acknowledges and agrees that the provision of the Services is commensurate with the progress and availability in the territory of the coverage of the satellite network used for communications between the Product Components and the Service Centre of the Provider, and that the location is available within the limits of the cartography present on the Platform and App.
8.1 The personal data provided by the User for the activation of the Service shall be processed, in accordance with the provisions of the Privacy Policy, which can be consulted at the following link (https://myorizon.orizon.pro/privacy-policy), in compliance with Regulation 2016/679/EU (the so-called GDPR) and with the further regulations in force on the protection of personal data, in such a way as to guarantee their security and confidentiality. The User's personal data shall be processed for purposes related to the conclusion of these General Terms and Conditions, subject to consent, for further purposes as set out in the Privacy Policy.
8.2 Regarding the processing of personal data carried out through the Platform and the App, please refer to the Privacy Policy at the following link (https://myorizon.orizon.pro/privacy-policy).
8.3 The User is solely responsible for the activity that occurs in his/her Account and shall guard and protect his/her Credentials, notifying the Provider immediately of any loss, theft, misuse, misappropriation of Credentials or breach of security or unauthorized use of his/her Account, by emailing the Provider's Service Centre. The User, therefore, shall use a secure and specific password for the Account and shall be fully liable for the disclosure, loss and unauthorized use of his/her Credentials; however, the rights provided for in the Privacy Policy shall remain unaffected.
8.4 Cartello and/or the Provider may suspend or terminate the Account or cease providing the Services in whole or in part at any time if it reasonably believes that the Account should be removed due to unlawful conduct by the User. The Provider shall make every reasonable effort to inform the User, via the email address associated with the Account, of such suspension or termination. In all such cases, the General Terms and Conditions shall be terminated. If the User believes that the Account has been deleted in error, they may file a complaint by following the instructions available through the link provided on the Operator’s Service Center webpage, accessible at https://myorizon.orizon.pro/user/profile, and by completing the relevant "Complaint Form" available for download at the same link.
8.5 The Provider may need to provide the User with certain communications, such as announcements, notifications, reports and feedback from other Users, regarding the Services and messages of an organisational or administrative nature. These communications are considered part of the Services and the User may decide not to receive them, according to the provisions of the Privacy Policy. Notifications, communications, feedback may be sent by email,. Notifications are effective from the date they are received by the User. Notifications for changes to Credentials and Account information are sent via the profile management function provided on the Platform or via Technical Support, which can be contacted at customercare@orizon.pro.
8.6 All questions, comments, reports, relating to these General Terms and Conditions, the Platform and/or the Services, including concerns or reports regarding invalid links or other issues with Technical Support, may be sent to the contact details above.
8.7 When the User access or use the Services, he/her shall not: (i) access, tamper with, or use Rooms or restricted areas of the Services without authorization under specific Credentials; (ii) probe, scan, or test the vulnerability of any system or network or breach or force any security or authentication measures; (iii) access, seek or attempt to access or seek to access the Services by any means (automated or otherwise) other than through the current interfaces available and provided by the Provider; (iv) interfere with or disrupt (or attempt to disrupt) any User's Account access, including, without limitation, by sending a virus, overloading, invading, sending junk mail, spamming, etc., in any manner that interferes with or attempts to do so in a manner that interferes with or creates an undue load on the Services. In addition, the Provider reserves the right to access the Account, read, preserve and disclose any information if it has reason to believe that it is necessary (i) to comply with any applicable law, regulation, legal process or governmental request, (ii) to enforce the Terms and Conditions, including investigating potential violations, (iii) to identify, prevent or otherwise manage fraud, security or technical issues, (iv) to respond to User support requests, or (v) to protect the rights, property or safety of the Owner, the Provider, other Users and the public.
8.8 User is not allowed to register, duplicate, rent, lend, sell, redistribute or sublicense the App and Services. It is not permitted to copy, decompile, reverse engineer, disassemble, attempt to derive the source code, modify or create derivative works of the App, updates or any part thereof. Furthermore, any form of copying or distribution, publication or commercial exploitation of the App, the Platform and the Services is prohibited.
9.1 Cartello and the Provider guarantee to the User the operation of the Services limited to the territorial extension referred to in Article 7 of these General Conditions and, in any case, provide the legal guarantee of conformity of the Services in accordance with Articles 135-octies et seq. of the Consumer Code, within the limits of the duration of the Subscription Contract.
9.2 The Operator is solely responsible for and undertakes to maintain the digital and IT solutions and their operation, necessary to provide the Services to the Users. In any case, Cartello and/or the Provider reserve the right to temporarily suspend the Services for maintenance activities, ordinary and/or extraordinary, upgrades, downgrades and updates of the App or the Platform, after notifying the User by e-mail to the address provided during registration, guaranteeing the resolution of any such interruptions within 7 working days.
9.3 App, Platform and Services may contain errors or omissions, viruses or bugs or may not be fully functional or accurate, for which the Provider disclaims any and all liability and will not be held responsible for any loss of hardware, software, data, networks, documents or files, damage to Devices, caused by the use of the App and the Platform.
9.4 Cartello and/or the Provider do not offer any guarantee as to the proper functioning, expected, hoped for or obtained results from the use of the Platform and/or the App, nor that they meet the requirements of the User and/or the Device. Cartello and/or the Provider are not liable to the User, nor to third parties, for any theft, loss, damage suffered by the Devices and/or the vessels and/or as a result of suspensions, interruptions, malfunctions of the App and/or the Platform or as a result of the loss, subtraction, deletion of data, entered into the App and/or the Platform, by the User; the rights provided by the Privacy Policy remain unaffected. In any case, Cartello and/or the Provider are not liable in the event that damages are due to tampering and/or interventions carried out by the User or by third parties, nor in the event of problems attributable to the WiFi network, the ADSL network or other communication and/or connectivity networks used to provide the Services and/or for any malfunctions or inefficiencies of the Devices and/or for facts or events due to force majeure and/or fortuitous events and/or events beyond the control of Cartello and/or the Provider.
9.5 The User undertakes to promptly inform the Provider of any inefficiency. For any information or technical problems, the Provider provides the User Service at the e-mail address icustomercarenfo@orizon.pro and/or at the number +39 018535341, from Monday to Friday from 8:30 a.m. to 5:30 p.m.
9.6 The representations made by Cartello and the Provider with respect to the Services are made for the benefit of Users as Consumers to the best of their knowledge and in good faith. However, the actual results achieved by Cartello and/or the Provider may differ materially from these forward-looking statements as they depend on a whole set of competitive and macro-economic factors which, in some cases, are beyond the control of the Owner and/or the Operator. Without prejudice to the legal obligations to modify the statements referring to future and uncertain events and/or to comply with the applicable regulations for the protection of the Consumer, Cartello and/or the Provider have no intention to constantly update all the statements contained in the App, in the Platform, in these General Conditions, in the Privacy Policy, in the Terms of Use, inviting Users to consult the most recent version of the same by clicking on the "[]" hyperlink located at the bottom of the web page [].
9.7 Cartello and/or the Provider shall also not be liable to Users in the event that, following the activation of the Service referred to in Article 5 paragraphs 2, 11 and 12, timely intervention by the nearest assistance center does not take place, or there are no assistance centers available at the time the Service is requested. Cartello and/or the Provider shall not carry out rescue operations and under no circumstances replace the intervention and control activities carried out by the competent territorial Authorities.
9.8 Cartello and/or the Provider are in any case not liable for delays, malfunctions and/or interruptions in the provision of the Service due to: (a) the failure and/or limited operation of the GPS satellites or the mobile or satellite telecommunications network; (b) accidental causes or legislative or administrative provisions that have arisen or measures taken by the competent authorities; (c) the occurrence of force majeure in the operation of its Control Centre; (d) interruptions, suspensions or limitations of the Service outside the area of extension as identified in Article 7 "Territorial extension of the Service"; (e) improper installation by the User of the Product Components. Furthermore, Cartello and/or the Provider shall not be held liable in any way in the event of delays, malfunctions and/or interruptions in the provision of the Service, nor for damages resulting from: (a) the occurrence of force majeure and/or fortuitous events; (b) incorrect and/or improper use of the Services by the User.
9.9 It is in any case without prejudice to what is provided for in the specific Product Component purchase contract with the individual User.
10.1 The User is entitled to withdraw from the General Subscription Terms and Conditions at any time, even before the expiry of the term, by proceeding to uninstall the App and cease using it, as well as the Platform and the Services in accordance with the following provisions;
10.2 The User as a Consumer may change his or her mind for any reason or even without a specific reason and receive a full refund of the amount paid within fourteen (14) days from the day he or she activated the Services ("Cooling-Off Period"), i.e. from the date he or she signed these General Terms and Conditions, in accordance with the applicable legislation protecting the Consumer (article 49, paragraph 4, Legislative Decree no. 206/2005).
10.3 The User, with the exception of the first fee to be paid when signing up to these General Terms and Conditions, by purchasing a Subscription to the Services authorizes the Platform Provider and/or App, on behalf of Cartello, to automatically charge him/her for each year until he/she cancels the subscription. The User acknowledges and accepts that the Cooling-Off Period is available for fourteen (14) days following the purchase of the Services and that notice of cancellation must be sent before the end of the Cooling-Off Period. In order to exercise the right of withdrawal, the User shall notify the Provider of his intention to withdraw from this contract by means of an explicit declaration sent by registered letter with return receipt, fax or email, also using the form that can be downloaded at https://myorizon.orizon.pro/user/profile ("Withdrawal Form and information", Annex 2 to these General Conditions, which can be consulted at the link https://myorizon.orizon.pro/user/profile). The form, filled out in all its parts, must be sent by registered letter with return receipt, or by fax or email, to the following addresses: Cartello srl, Via Terrarossa 1, Carasco (GE) 16042. In order to comply with the withdrawal period, it is sufficient for the User to send the communication concerning the exercise of the right of withdrawal before the end of the withdrawal period.
10.4 If the User withdraws from the Contract, he shall be reimbursed for the payments he has made to the Holder, no later than 14 days from the day of receipt of the notice of withdrawal. Such refunds shall be made by the Provider, on behalf of Cartello, using the same means of payment used by the User for the initial transaction, where possible.
10.5 When exercising his/her right of Withdrawal, the User shall arrange for the return of the Product Components following the procedure and conditions provided by Cartello.
11.1 Any use of the Services not expressly permitted by these General Terms is prohibited. In the event of non-performance or breach of obligations under these General Terms by the User, Cartello shall be entitled to terminate these General Terms pursuant to Article 1456 of the Italian Civil Code by simple notice to the User with consequent compensation for any further damages. In all these cases, the General Terms and Conditions of Use of the Platform and the App will also be terminated as of right, in addition to the licence for use.
11.2 The User undertakes to indemnify and hold Cartello and/or the Provider harmless at their own expense from any claim, lawsuit, action and proceeding (collectively referred to as "Claims") brought against them by third parties, where the Claims are based on even one of the following (a) acts or omissions (whether due to negligence, fault, willful misconduct or otherwise) of the User, arising from the use or misuse of the Services; (b) damages, penalties, sanctions, legal fees or other damages of any kind or nature caused by or arising from a breach by the User of applicable law or of the obligations of these General Conditions or the General Terms of Use or of the provisions of the individual contract of purchase of Product Components entered into by the User.
11.3 The User shall also provide for the payment of liabilities, damages, costs and expenses (including legal fees to a reasonable extent) imposed or incurred in connection with the Claims, or agreed by settlement thereof.
12.1 These General Terms and Conditions shall be governed by Italian law, unless such provision conflicts with any different applicable mandatory rules, also for the protection of the Consumer. The application to this contract of the United Nations Convention adopted in Vienna on 11 April 1980 is excluded.
12.2 The invalidity or non-applicability of any of the clauses contained in the General Terms and Conditions shall not invalidate the others, which shall remain fully valid and effective; the provision declared invalid or non-applicable shall be considered as not having been applied.
12.3 Applicable consumer protection law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Consequently, some of the limitations or exclusions provided under the General Terms and Conditions may not apply to the User. In particular, if the User lives in the European Union, in the EFTA states, or in the United Kingdom, the User accepts that, by using the Services, the liability of Charon and/or the Provider will be limited to the maximum extent permitted in the relative country of residence, except in any case for fraud or gross negligence.
12.4 Notwithstanding any different regulations or international conventions and in the cases permitted by law, any dispute arising between the Parties in relation to this licence shall be the exclusive jurisdiction of the Court of Genoa. Any dispute arising with a Consumer, in relation to the interpretation, conclusion, application, execution of these General Conditions shall be devolved to the exclusive jurisdiction of the Court of the Consumer, pursuant to Legislative Decree no. 206 of 6 September 2005 and subsequent amendments.
Pursuant to and for the purposes of Article 1341 of the Italian Civil Code, the User declares that he/she has carefully read the following articles, the content of which he/she specifically approves: Article 9 (Quality, legal guarantee of services, maintenance and upgrades); Article 11 (Termination of the Contract and Indemnity); Article 12 (Applicable Law and Jurisdiction).