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Terms of Use

Last updated: 20/12/2023

 

1. Introduction

Welcome to our website!

 

Flexauto.it (hereinafter referred to as the "website") is owned and operated by “FLEXCAR LTD”, Spyrou Kyprianou 57, 6051, Larnaca, Cyprus, a member of the FlexCar Group of companies (hereinafter referred to as "FlexCar", "we", "us" or "our") and constitutes the digital place of the company, through which you can find information about our vehicles, the services and benefits we provide, our offers, as well as the ways in which you can contact us to express interest in a vehicle.

 

Before navigating our website, please read carefully this page, which contains binding terms and conditions for its use (hereinafter the "Terms"). If you disagree with any term hereof, please stop all interaction with the website. Browsing it or using any of its content will be perceived as your unconditional acceptance and commitment to these Terms.

 

We reserve the exclusive right to modify or update these Terms whenever we deem it necessary, for example in case we add new functions and features to the website. The most current version of the Terms is available at any time on this page. Therefore, we invite you to periodically visit this page in order to be informed of any changes or modifications. Your continued use of or access to our website after making any changes to these Terms will be deemed as acceptance of those changes.

 

2. Minors

The website is intended to be used by adults over eighteen (18) years old. By accessing the website, you declare that you are over 18 years of age or, if you are under 18 years old, that you have received the necessary permission from your parent/guardian. We reserve the right to take all reasonable technical measures and prohibit access to the website if we detect its use by minors under eighteen (18) years of age.

 

3. Vehicles and expressions of interest

On our website you can be informed about our fleet of vehicles, in order to choose the one that best suits your needs. For each vehicle you will find some basic information, such as indicative photos, vehicle type and version, technical characteristics, as well as the monthly rent of the vehicle. 

 

If you find on our website a vehicle that interests you, you can easily and quickly express interest by clicking on the relevant option on the vehicle's page and filling out the relevant contact form. A representative of FlexCar will contact you without delay to inform you about the availability of the vehicle, any alternative options, the procedure for concluding the lease and send you the relevant offer. 

 

Please note that while we make every effort to keep our website fully up-to-date in relation to our available fleet, this is not always possible. Therefore, under no circumstances can the display of a vehicle with certain characteristics on our website be considered as a proposal or invitation to enter into a contract for that vehicle, nor as a guarantee, promise or assurance that the particular vehicle with those characteristics will be available for hire at all times. Similarly, the expression of interest in a vehicle does not create any commitment or contractual or pre-contractual obligation to either FlexCar, or you, to enter into a lease agreement for this or for another vehicle.

 

4. Use of the website

It is explicitly forbidden and constitutes a breach of these Terms:

 

  • the use of the website in a way that could damage, alter or destroy the website or part of it and/or prevent access to it or its use by other users;

  • the dissemination on the website of any malicious or non-malicious software, and/or the sending of harmful files, which may endanger the smooth operation and/or integrity of the website and/or the connection and access of other users to it;

  • publishing, sending or otherwise communicating on or through the website any offensive, harassing, vulgar, racist, offensive, pornographic, slanderous or generally illegal content;

  • the infringement through the website of our own rights or of those of third parties, such as intellectual property rights;

  • the access to the website for purposes of comparative analysis, copying, reverse engineering or other competing intentions;

  • the use of the website in order to circumvent the applicable legislative and regulatory framework and/or to achieve any illegal, unfair or immoral purpose;

  • any other use of the website that conflicts with these Terms or with the applicable laws and regulations, as well as any encouragement, facilitation or collusion with any third party to commit the prohibited acts and omissions mentioned herein.

 

5. Third-party websites

The website may contain references and/or hyperlinks to third-party websites or social media, such as FlexCar’s Facebook, Instagram and LinkedIn accounts.

 

Under no circumstances should we be deemed to adopt or accept the content of such websites or media to which the website refers, or to guarantee their security, validity and integrity. Access to and use of these websites and media is at your sole risk and is subject to the terms of use and policies mentioned therein.

 

In the same way, any display or reference to FlexCar by third-party media cannot be understood to conceal any relationship between us and such media or any acceptance by us of the content and opinions put forward therein.

 

6. Security and functionality

We make every effort to continuously improve the experience of the users visiting our website. However, due to the nature of the internet, we cannot guarantee or ensure that your use of the website will be uninterrupted, secure or error-free. We also reserve the right at any time to temporarily or permanently discontinue the operation of the entire website or part of it, for maintenance or upgrade purposes, or for any other reason, as we deem necessary.

 

We will not be held liable if, for any reason, the operation of the website is interrupted or access to it becomes difficult and/or impossible or in the event that, despite the security measures taken, viruses or other harmful software are detected and transmitted to the terminals of users, or if third, unauthorized parties interfere in any way with the content and operation of the website, making it difficult to use or causing problems in its proper operation or stealing visitors' personal data or causing any damage to their equipment. The integrity and security of your information, software systems and equipment are your responsibility.

 

7. Intellectual property

The entire content of the website, including distinctive titles, distinctive features, marks, images, graphics, photographs, drawings, texts, content, etc. are intellectual property of us, or intellectual property of third parties, from which we have secured a special license of use for the needs, operation and organization of the website. All the above rights are protected in accordance with the relevant provisions of national law, European law and relevant international conventions.

 

It is expressly forbidden, in whole or in part, to copy, store, distribute, reproduce, republish, transfer, process, modify and conduct any related action regarding the above protected intellectual property objects, for any purpose, without our prior written permission. Any actions contrary to the above prohibition constitute an infringement of the relevant intellectual property rights, which has the legal consequences provided for. Under no circumstances should the appearance and display of the above elements on the website be construed as a transfer or assignment of a license or concession of the right to use them.

 

8. Indemnification

You agree to indemnify, defend and hold harmless FlexCar, our affiliates, managers, directors, employees and/or affiliates, against any damage, claim or demand, including reasonable attorneys' fees, arising out of your breach of these Terms, your use of the website for any unlawful purpose, your infringement of any third party right, or your violation of any law or regulation.

 

9. Limitation of liability

To the fullest extent permitted by law, we disclaim all liability in respect of:

 

  • any damage, harm to property, loss or leakage of data, leakage of passwords, loss of confidential information or violation of communication confidentiality, connected in any way with the use of the website, provided that the above cannot be attributed to our willful misconduct or gross negligence;

  • any damage, harm to property, loss or leakage of data, leakage of passwords, loss of confidential information or violation of confidentiality of communication, arising out of or connected with his access to websites or social media of third parties to which our website redirects through the respective hyperlinks;

  • any interruption of the operation of the website, temporary or not, due to technical or other difficulties;

  • any content of the website which may be inaccurate or misleading;

  • any infringement by visitors of intellectual property rights embedded in the website.

 

10. Personal data

As part of expressing interest in a vehicle, you provide us with certain information necessary to contact you. Also, some data about you may be collected during the visit and use of our website through cookies or other similar technologies.

 

FlexCar is the controller of any personal data you may provide to us through the website or during your general interaction with us and is bound by the General Data Protection Regulation 2016/679/EU and the respective national data protection laws in Italy. For more information on how we collect and process your personal data and your rights in relation to it, please read our Privacy Statement.

 

11. Severability

In the event that any provision of these Terms is found to be illegal, invalid or unenforceable, that provision shall be enforceable to the fullest extent permitted by applicable law, and the invalid portion thereof shall be deemed not to be part of these Terms. This characterization will not affect the validity and enforceability of the remaining provisions hereof.

 

12. No waiver

Any omission or delay on our part in exercising any right granted to us by these Terms or by law should not be construed as a waiver or indication of our waiver of that right, the exercise of which within the specified legal deadlines always remains at our discretion.

 

13. Law and jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Republic of Cyprus, without regards to its conflict of laws provisions. The competent courts for the resolution of any dispute arising in relation to the present are the competent Courts of Larnaca, Cyprus.

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