Terms of Use - Ducati Philippines

Definitions.

“Ducati” means Ducati Motor Holding S.p.A. – A Sole Shareholder Company – A Company subject to the Management and Coordination activities of AUDI, Via Cavalieri Ducati n. 3, Bologna, Italy. “Site” means the web site www.ducati.com owned and managed by Ducati. “User” or “You” means any visitor or user of the Site.

The sections of the Site are operated directly by Ducati or by third parties each time expressly indicated. This agreement describes the terms and conditions relevant to the use of the Site and the products and services available through this Site. These terms and conditions describe User responsibilities and, among other things, they limit the liability of Ducati. Before using the Site, please read all of this agreement carefully. BY ACCESSING ANY PART OR AREAS OF THE SITE, THE USER AGREES TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS AND TO ABIDE BY THEM. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS AND CONDITIONS, YOU ARE NOT ALLOWED TO USE THE SITE.

Copyright notice.

The User acknowledges that information, data, software, photographs, graphs, video, wallpapers, typefaces, graphics, music, sounds, images, illustrations, designs, icons, texts and other material on the Site are Ducati’s and/or third parties’ copyrighted works. Duplications, reproductions, even if partial, downloading, storage, publication or diffusion by any mean and in general any acts of disposition or use of information or material retrieved from this Site, in all forms, by media and technologies now existing or developed in the future, are forbidden, failing expressly advice to the contrary.

Trademark notice.

“Ducati” and “Ducati Corse” are figurative and denominative trademarks of Ducati Motor Holding S.p.A., as the logos used in the Site are registered by Ducati Motor Holding S.p.A. Trademarks and logos of third parties used in the Site are exclusive property of the respective owners. The use and reproduction in any form and way of these trademarks and logos are forbidden.

Acceptable use.

The User may only use the Site to make legitimate operations and may not use the Site to make any speculative, false or fraudulent operations. Unless otherwise expressly specified by Ducati, any part or section of the Site, the information and the material available in the Site, are for personal and non-commercial use only. The User represents that he/she is of age (18 years old) and in any case of sufficient legal age to create binding legal obligations for any liability the User may incur in, as a result of his/her use of this Site, and in any case more than 14 years old. If not, the User is not allowed to use the Site. It is a violation of law to place contract proposals in a false name or with an invalid credit card. Fraudulent Users will be prosecuted to the fullest extent of the law.

Warranties.

Except for express written specific manufacturer or supplier’s warranties, all products and services available through this Site are provided on an “as is”, “as available” basis without warranties of any kind, either expressed or implied. Without limiting the above, no warranty or guarantee is made (i) that a User will receive the lowest available market price for goods or services available through the Site (ii) that the use of the Site will be error free, (iii) regarding the results that may be obtained from the use of the Site, or (iv) regarding the accuracy, reliability or quality of any product, information content, service, advice or goods provided or available through the Site. User expressly agrees that the use of the Site is at User’s sole risk.

Product and services features.

Ducati is committed to accessibility, including on its website. If you experience any difficulty, please contact contactus@ducati.com. The Site may be accessed by users from all over the world and may contain references or cross references to products and services that are not available or are prohibited in the User country. The presence of such references do not imply that Ducati intends to make available in User country such products and services, or that such products and services may lawfully be used in User country. Ducati reserves the right, without prior notice, to discontinue products or services or change their specifications at any time without incurring any obligations. All the products and services explicitly destined for sale on the Site are for sale and use only in the countries expressly indicated. Products and services specifications and availability may vary from country to country depending on local laws.

All products and their related technical data, as well as illustrations, advice and information available through this website are provided on an “as it is, as available” basis without warranties of any kind, either expressed or implied. Such information, progressively updated, has a mere indicative value and is not binding for Ducati. Ducati will not be liable for any mistakes in copy and/or translation.

Not all colours and/or versions are available in all countries. Ducati reserves the right to make changes and improvements to any product without any obligation to give prior notice or to carry out such changes to products already sold. Further product specifications are in each model’s owner manual. The products represented are not definitive versions and may therefore under go both minor and substantial modifications at Ducati’s discretion and without any prior notice.

PLEASE NOTE THAT MANY COUNTRIES PROHIBIT THE IMPORTATION, REGISTRATION AND/OR USE OF VEHICLES OR PRODUCTS NOT BUILT IN ACCORDANCE WITH THEIR LOCAL SPECIFICATIONS. For more details, please contact your local reliable Ducati Dealer.

General limitation of liability.

The information, software and services included in or available through the Site may include inaccuracies or errors. Changes are periodically made to the information. Ducati and/or its respective suppliers may make improvements and/or changes in the Site/services at any time. Ducati and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, services and related graphics contained within the Site/services for any purpose. In no event shall Ducati and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damage or for any damages whatsoever including, damages for loss of use, data or profits, arising out of or, in any way, connected with the use or performance of the Site/services, with the delay or inability to use the Site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Site. IN NO EVENT SHALL DUCATI BE LIABLE FOR EVENTUAL DAMAGE, LOSS, NON-PERFORMANCES CAUSED BY SERVICES OR SECTIONS OF THE SITE NOT DIRECTLY OPERATED BY ITSELF. In no event shall Ducati and its directors, officers, employees, or collaborators, be liable for any injury, loss, claim, damage, or any special, exemplary punitive, incidental or consequential damage of any kind, either based in contract, tort or otherwise, which arises out of or is in any way connected with any use of the Site not in accordance with these terms and conditions, even if Ducati has been advised of the possibility of such damage. If, notwithstanding the above, Ducati is found liable for any loss or damage relating to the use of the Site, User accepts and agrees that the liability of Ducati shall in no event exceed the User fee (if any) for the use of the Site.

All applicable photographs show professional riders on a controlled racetrack. Never attempt any action that could be potentially hazardous to you or to other road and track users.

Third Parties.

If You use the Site to submit a purchase order or to make a reservation for or on behalf of a third party (“Third Party”), You are responsible for any error in the accuracy of information provided relevant to such use. In addition, You must inform Third Party of all terms and conditions related to the Site use and to the purchase and reservation of products and services, including all rules and restrictions applicable, as well as of all products and services features. Each User using the Site for or on behalf of a Third Party, agrees to indemnify and hold Ducati harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defence), relating to the Third Party’s or the User’s failure to fulfil any of its obligations as described above. In case the Third Party will result defaulting, the User will be directly responsible for any sent purchase order or reservation, included all the related costs, charges and obligations.

Links to other Web Sites and Services.

The Site contains references to products and services supplied by third parties or links to third parties web sites. Ducati does not guarantee and assume any responsibility for the accuracy or completeness of the information and content provided by these third parties, or included on the web sites of these third parties. Ducati has no responsibility for the contents, availability, operation or performance of any other web site, to which the Site may be linked or from which the Site may be accessed.

THE HYPERLINK TO THE HOME PAGE OF THIS SITE MAY BE CREATE UPON WRITTEN REQUEST SENT TO DUCATI. DUCATI RESERVES THE RIGHT TO DENY THE AUTHORISATION IN CASE THE LINK, IN ITS SOLE DISCRETION, MAY REPRESENT A DAMAGE FOR DUCATI ITSELF (INCLUDED IMAGE AND REPUTATION DAMAGE). DEEP LINKING OR FRAMING, MADE TO AVOID THE CONTENT AUTHORSHIP RECOGNITION, ARE EXPRESSLY FORBIDDEN.

Privacy protection.

Ducati is committed to respecting Users privacy and security. Data that the User will eventually send to Ducati through the Site will be processed with maximum attention and by all the instrument necessary for their security, in full accordance with Italian law about privacy protection. To enable same specific functions, the Site may use cookies. The User may, in his/her discretion, be informed by his/her browser or prevent his/her browser from accepting cookies changing browser configuration.

Third parties contents and sections.

The Site includes sections, articles and in general material managed or supplied by third parties. Ducati has no responsibility for the lawfulness, veracity, accuracy, completeness or any other feature regarding the contents of this material or of the Site sections managed by these third parties. The accountability for the contents of this material or Site sections, including the ownership and the legitimacy of the use of text, images, photographs, music, clips or everything else, is the exclusive responsibility of the third party cited. Any claims regarding the contents of the material or of the Site sections, managed or supplied by third parties, are to be directed exclusively to the respective authors or provider.

Indications and complaints.

Ducati shall, if a sufficiently motivated request is sent by writing or e-mail to Ducati, timely remove the material posted on the Site that will result property of parties, different from the material author or the section provider indicated, which may legitimately claim rights or interests in the material or its contents, or should the material or its contents damage any interest or right protected by law, or should the material or its contents infringe the law.

For any request, indication or complaint, please write to:

Ducati Motor Holding S.p.A., via Cavalieri Ducati n. 3, 40132, Bologna, Italy. Fax: + 39 051 6413879 E-mail: contact_us@ducati.com

Termination of use

DUCATI MAY TERMINATE OR SUSPEND USER ACCESS TO ALL OR PART OF THIS SITE, AT ANY TIME, WITHOUT NOTICE AND IN ITS SOLE DISCRETION.

Entire agreement.

These terms and conditions represent the entire agreement between You and Ducati regarding your use of the Site and supersedes any prior statement or representation. The User declares to be informed that the purchase or reservation of products or services, the fruition of particular services or specific parts of the Site are governed by further legal and/or contractual limitations as posted on the Site. DUCATI MAY AT ANY TIME, IN ITS SOLE DISCRETION, MODIFY THESE TERMS AND CONDITIONS AND POSTED THE NEW TERMS AND CONDITIONS ON THE SITE. THE NEW TERMS AND CONDITIONS WILL BE IN FORCE FROM THE TIME THEY WILL BE POSTED ON THIS SITE. THE SITE USE BY USER WILL BE GOVERNED BY TERMS AND CONDITION POSTED ON THE SITE AT USE TIME.

Severability.

Any clause heading used herein is for convenience only and shall not in any way affect the interpretation of these terms and conditions. Should any clause or part of it be held to be invalid because it contravenes any applicable legal provisions, all other terms of any such clause or part of a clause shall remain in full force and effect.

These terms and conditions are compiled in Italian and in English. In whatever case of discordance between the two texts or doubts about their interpretation, the Italian one will prevail.

Applicable law and jurisdiction.

THESE TERMS AND CONDITIONS WILL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF ITALY. Any controversy arising from these terms and conditions will be subject to the exclusive jurisdiction of the Court of Bologna, Italy. For all herein expressly not provided for, the provisions of Italian law are in force.