These terms and conditions regulate the subscription by a natural or legal person, whose data are included in the form to which this document is attached, hereafter the "User", to the service "Secure GateWay IVECO", hereafter "SGW", through the authorized Distributor, hereafter the "Distributor", that commercializes the products and services offered by Cojali and that will invoice the User for the agreed price and duration.
These terms and conditions are supplementary to those already contained in the Jaltest® software and hardware, manufactured and commercialized by Cojali S. L., hereafter "Cojali" and of which the User already owns, at least, one license of use.
The present document may be modified by Cojali at any moment, with previous notice to the User.
The completion and sending of the attached form imply the acceptance of these Terms and Conditions.
By means of this subscription and through Cojali and the Jaltest® software and hardware, the User will obtain access to the SGW service provided by IVECO SpA, hereafter “Iveco”, which will allow the User to perform diagnostics processes requiring that service with the Jaltest® software and hardware.
This service is subject to the terms and conditions of Iveco, which the User declares to know and accept and that can be consulted in the web site https://techinformation.iveco.com/
The use of the service requires the Jaltest® software and hardware, an active license that comprehends vehicles equipped with the Iveco SGW system, and Internet connection.
For the provision of the service, the User authorizes Cojali to proceed to register the repair shop and the natural person indicated in the form in the platform provided by Iveco to that purpose, as well as to manage their passwords through the Jaltest® software and hardware.
The service will be requested by Cojali within 10 working days from the date of receipt of the form, the duration of the service will start from the moment Iveco processes the activation of the service and this is integrated in the Jaltest® software and hardware. The duration of this service is of indefinite nature and it will be yearly renewed automatically unless the User duly informs the Distributor, at least 60 days before the yearly renewal date, about the decision not to continue with it, thus finalizing the service on the renewal date.
The fee will be charged yearly and in advance for each year of service with the invoice and payment conditions offered by the Distributor to the User.
In case of failure by the User to fulfill the payment, the Distributor may terminate the contract without prejudice to any claim that the Distributor may make against the User
The User is fully responsible of using the service, as well as the Jaltest® software and hardware, according to the laws, provisions and agreements applicable, in accordance with the terms and conditions of the Jaltest® software and hardware, as well as with those included in the web site https://techinformation.iveco.com/ exempting Cojali, Iveco and the Distributor from any responsibility of its fraudulent use.
Cojali and the Distributor shall not be held responsible for any damages of any kind that may be caused by the use of the Jaltest® software and hardware, or the SGW services. They shall not be held responsible either for damages arising from interruptions, suspensions, delays or failures in the operation of services caused by third parties, fortuitous events or a force majeure event.
The User undertakes to indemnify the Distributor and Cojali and to hold them harmless from any third-party claim directly or indirectly related to the use of the Jaltest® software and hardware or the SGW services, including, but not limited to those claims for damages to third parties, damages to vehicles or damages derived from the noncompliance of repair and/or maintenance works.
Cojali is the exclusive owner of all Jaltest® software and hardware rights. Iveco is the owner of the SGW service rights. The services are provided to the client with a non-exclusive and non-transferable license which duration is not specified by the present contract.
The User shall use the Jaltest® software and hardware and the SGW service complying with and preserving the intellectual and industrial property rights of Cojali, Iveco and third parties.
The failure by the User to fulfil the fee payments of Jaltest® software and hardware or the SGW service, the end of the license subscription for the Jaltest® software and hardware, or the misuse, fraudulent or harmful use of the SGW service or the Jaltest® software and hardware, will lead to the immediate termination of the present agreement. The User will remain obliged to pay the yearly complete fee, and under no circumstances will the fees already paid by the User be returned.
In the event Cojali deems it appropriate, after the termination of the contract between Distributor and User, it may transfer the management of the products and services subscribed by the User to any other Distributor, including Cojali.
Any other termination cause agreed by the Distributor and the User will be applicable.
In compliance with the current law on the Protection of Personal Data, we inform you that any data included by the User in the present form will be added to the processing system for which COJALI S. L. is responsible, with VAT number B13210489 and address at Avenida de la Industria s/n, 13610 Campo de Criptana (Ciudad Real), and whose purpose is to comply with the contractual obligations of Cojali for the provision of the SGW service and the Jaltest® software and hardware. The data will be retained for the duration of these services and for the term necessary to comply with the legal obligations of Cojali. The legality of this processing is based on the contractual execution and the consent that the User grants to Cojali by accepting the present terms and conditions. For more information about the processing of personal data, refer to https://www.jaltest.com/en/privacy-policy/
These terms and conditions are subject to and shall be construed in accordance with the Spanish legislation. Any other dispute arising out of or in direct or indirect connection with the present terms and conditions shall be resolved by the Courts of Alcázar de San Juan (Ciudad Real), Spain, expressly waiving any other jurisdiction that may apply to any of the parts.
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