Terms and Conditions
for the use of the website www.italotreno.it
The website www.italotreno.it (hereinafter, for conciseness, referred to as the "Site") has the purpose of assisting the user to search for timetables for trips and/or ticket prices and to allow for the purchase of requested tickets, where available.
Within the context of this document (hereinafter, also, the “Conditions"), the term "User" indicates each person who accesses the Site independent from the fact that one is registered or not.
By accessing the Site, the User accepts and guarantees to respect these Conditions without any modification, as well as to respect all the regulations of the applicable laws.
Where, within the Site or any of its parts, there should contain further conditions, rules, directives, codes of conduct and ethics or instructions for the User, the User also undertakes to comply with them.
In the event that the User does not abide by any of these Conditions (or additional rules, instructions, regulations, etc. on the Site), the aforementioned User will not be authorized to access and use the Site.
Access to the Site and/or its Content/services can be limited by Italo S.p.A. to a maximum number of accesses and/or for a specific duration.
In order to allow the User to access and take advantage of certain resources, namely the Contents and/or services on the Site or to load materials (uploads) and/ or to send communications by means of the Site, User registration may be requested or some personal data and/or information may need to be provided.
The user undertakes to provide complete, up-to-date and truthful data and information, as well as to communicate to Italo S.p.A. Italo S.p.A. however, reserves the right to refuse and/or inhibit the User - at the sole assessment and discretion of Italo S.p.A. - access to the Site, registration and/or, otherwise, the use of resources, contents and services available therein, as well as the right to revoke, interrupt or suspend the "Account" created by or for the User.
In the case that the User intends to make use of, receive or download contents, materials or services (even for a fee) potentially available on the Site or through the link to the Site itself (e.g., sounds, images, videos, etc.), the User must expressly verify and guarantee - assuming, him or herself, any and all liability in this regard - that the devices used to access and/or to receive content can support the access/reception (downloads) process or transmission and are compatible with the format of content, materials or services available on or through the Site (hereinafter, for conciseness, also "Content"). Once access/reception (download) and/or transmission of Content for the User has occurred, it will no longer be possible to:
use any Content with devices and/or instruments different from those used for the access/reception, processing or modification of the Content itself;
- ask for a refund of any potential fees paid in advance;
- copy, distribute, or forward any Content to third parties;
- allow third parties access to any Content.
The User is responsible for the secrecy of the User’s own authentication credentials (ID, password, etc.), as well as, of all the data necessary to access and/or use the Site. The User shall likewise be liable for all activities carries out through the use of the aforementioned User’s account.
The user is required to communicate immediately to Italo S.p.A. any potential unauthorized use of his/her account.
In the case of communication with third parties, as well as, of illegal use of authentication credentials, Italo S.p.A. can proceed at any time with the suspension, interruption, or cancellation of the registration of the Account and, in any case, inhibit access to the Site by the User.
Italo S.p.A. grants the User a limited right for the sole purpose of accessing and using the Site for personal, non-commercial motives and in full compliance with all rights of Italo S.p.A. and/or third parties (including copyright, brand and industrial property rights, etc.) concerning the Content, information and/or materials present on and/or available through the Site.
Any User is therefore expressly forbidden, (without limitation and not limited to):
-to use the site and its relative Contents for intent and/or purposes other than those aforementioned, in particular, for commercial use and/or purposes;
-to make any use of the Site and its Content that is not explicitly permitted by these Conditions and thus, by way of example, the acquiring (downloading), modification, communication, distribution, transmission, copying, duplication, publication of the Contents contained and/or obtained through the Site including personal data, information, graphics, images, photographs, sketches, descriptions, text collections, videos, audio recordings, music and sounds, utility programs (utilities), software and software collections, drivers and other accessory programs, the content of newsletters sent by e-mail or similar communications transmitted by Italo S.p.A. or in the name of, or on behalf of, Italo S.p.A., as well as all other Content of the Site produced and/or transmitted directly by Italo S.p.A., by business partners or by product and/or service suppliers of said partners;
-to make derivative use of the Site or its contents (e.g. framing), as well as any use of the Content of the Site on another site, server or networked computer environment; -to use the Site or the relative Content in violation of any applicable legislation, or any use capable of causing damage to the Site itself (including the termination or limitation of the Site or its Content and services);
-to access or attempt to access to any other User’s account or networks or computer systems connected to the Site;
-to collect or attempt to collect information and/or personal data on third parties by means of the Site.
All rights regarding the Contents of the Site or available through it are reserved to Italo S.p.A. in accordance with current legislation. In relation to the access and use of the Site, Italo S.p.A. does not grant (and the User may not purchase) any rights to the content viewed, obtained and/or used by the User. The Content and materials of the site, including the selection and arrangement thereof, are the property of Italo S.p.A. or business partners of Italo S.p.A. and/or their suppliers and is protected by law and, in particular, the current legislation on copyright and industrial property. Permission to access and use the Site (limited to the purposes and objectives mentioned above) is expressly conditional on the recognition, respect and protection, on the part of the User, of each notice, warning and/or limitation period of copyright protection, the protection of industrial property (patents, trademarks and/or other distinctive symbols or insignias of Italo S.p.A. or of third parties) and any other rights concerning the protection in any form of the Content of the Site.
The user may not acquire ownership of and/or otherwise any right to e-mail addresses, URLs, or other identifying information assigned by Italo S.p.A. or chosen by the User in order to be able to access Content available through the Site.
The limited rights of the User concerning the use of the aforementioned addresses/personal identifiers will be valid as long as the registration or account created by, or for, the User for access to the site or the respective Content remains valid. At the end of the period of validity of any registration or account, Italo S.p.A. is free to revoke, terminate and/or suspend the use, by the User, of said User's addresses/user-identifying information and to assign said details to another user at its sole discretion.
"Italo S.P.a." and the domain ".italo" are trademarks of ITALO - Nuovo Trasporto Viaggiatori S.p.A.
Any brand, trademark, name, insignia, logo, Internet address, product name or model name and their derivatives describing products or services of Italo S.p.A. or business partners of Italo S.p.A. or that contain the word "Italo S.p.A." and/or ".Italo" and that is included in the Contents of the Site is a registered trademark of and/or, in any case, owned by Italo S.p.A. or by businesses with which it is partnered.
Other names or distinctive product or business symbols, insignias or designs used on the Site may be registered trademarks and/or otherwise belong to the respective owner. It is strictly forbidden to use in any manner and in any form the trademarks and the distinctive symbols, insignias, or designs of Italo S.p.A. or of any third party on the Site or acquired through said Site.
The Site, graphics and texts are subject to copyright protection and all rights are reserved for Italo S.p.A. or to legitimate third party owners.
Information, Content and materials posted or sent by the User to the Site or through it (hereinafter, referred to as “User Materials”) are subject to the provisions below.
User Materials will comprise all information, Content and/or materials sent or transmissible to Italo S.p.A. or to third parties (including other Users) through the Site, that is to say, posted or uploaded by a User on the Site or on other related informatics tools. User Materials include, but are not limited to, photographs, videos and other types of images, sound materials, graphics, document or data files, information relating to natural persons or similar, messages, email communications or similar, files, texts, opinions and other information.
In relation to User Materials uploaded or transmitted to the Site or made available to Italo S.p.A. or to third parties, the User guarantees Italo S.p.A. the rights to non-exclusively use these Materials, even for commercial purposes, for an unlimited time, free of charge. The User agrees that the rights guaranteed to Italo S.p.A. are non-revocable. This right includes, without limitation, copying, sub-licensing, reproduction, modification, adaptation, publishing, translation, public depiction, exhibition and distribution of User Materials, as well as their incorporation (in whole or in part) in any form, in any medium or by any technology, whether already known or developed in the future.
The aforementioned provisions do not apply to the User’s personal data which will be processed in compliance with the current legislation on the protection of personal data in accordance with and for the purposes provided for in specially prepared sections present on the Site.
The following User activities are expressly prohibited (without limitation and not limited to): the uploading, communicating, transmitting and/or posting or publication on the Site, or through it, of:
-information and materials that are and/or may be deemed to be of a sexual, pornographic, blasphemous, defamatory, fraudulent, vulgar, obscene or offensive nature; -personal affronts, insults or threats;
-contents and materials relating to acts of violence, ill-treatment, child pornography or the sale, distribution or promotion of weapons or drugs and/or hallucinatory substances;
-contents and materials relating to advertising, market research and competitions;
-pyramid or chain communications (i.e. St. Anthony chains)
-criminal or fraudulent activity and/or offers;
-music files, software, images (still or moving), literary works, artistic or other content and materials are protected by law (including copyright) unless the User is the owner of the exclusive rights to such content and/or materials or has received all necessary permissions for the use of said content and/or materials;
-content and/or materials of any kind that contain confidential or personal information regarding third parties whether they are natural or legal persons, including phone numbers, physical addresses, email addresses, account numbers of other Users, passwords and financial information with the exception of personal information transmitted by the User and relating to the purposes of registration on the Site or opening an account;
-computer programs, files and other materials with destructive or disruptive features such as viruses, manipulative files and, in general, any other element designed to harm or disturb the integrity or functionality or online communication of the Site.
In the case of violation or breaching (or suspicion of violation) of the above provisions, Italo S.p.A. reserves the right to suspend, terminate or cancel User access to the Site or to the relevant account and to prevent access to or use of its Content, except in the circumstances where it may be necessary to submit the User Material in question to the competent authorities for investigation.
Italo S.p.A. reserves the right to prohibit and/or restrict the transmission, distribution, dissemination, uploading, presentation or saving of, on the Site or through it, as well as the right to remove from the Site itself, all User Material that Italo S.p.A. deems inadmissible, inappropriate and/or simply unpleasant based on its sole discretionary assessment.
The User agrees to assume all responsibility for any damages correlated with, due and/or related to the type, characteristics and/or the compatibility of hardware and software equipment used to access and use the Site and for the payment of telephone charges and other network charges necessary to access the Site, to use said Site thereafter and to avail of the relative Content.
The texts, the information, materials and other Content published on or accessible through the Site are for information purposes only and are not considered official, unless otherwise indicated in this regard on the Site itself.
The User also agrees to assume all civil, criminal and administrative responsibility arising, resulting from or related to any damage to persons (including Italo S.p.A. and the aforementioned User) and/or all other aspects or objects as a result of access to the Site and/or use of Content present on and/or accessible via the Site (including those provided or transmitted by other Users or third parties through links, connections, etc.), for use of any services offered or made available by third parties (including through links or other connections to the Site), as well as the unauthorized, improper or unlawful use of any services provided by Italo S.p.A.
The User therefore expressly exonerates and/or relieves Italo S.p.A. of all liability for any damages, of any nature, possibly derived from and/or caused by, tools used to access the Site (hardware and software, including cases of third-party ownership), third parties (including – but without limitation and not limited to – other Users of the Site, those who access the Site using a non-authorized User’s account, third parties that have activated links or other connections, etc.), as well as for any damage derived or deriving from the Site and undertake, however, to indemnify and hold harmless Italo S.p.A. and its staff from any and all claims, actions, cases and/or questions brought by anyone in any capacity for any reason, injuries, accidents, claims and/or damages (including those caused to the Site itself) deriving from, due to and/or connected with the access and/or use of the Site and the Content available through said Site.
In particular, the User shall be solely responsible for (and will therefore be obliged to indemnify and hold harmless Italo S.p.A.) all damages to anyone (including Italo S.p.A. and the aforementioned User) that may derive from:
-the employment, uploading, transmission and/or use of information, material and/or content by the same User (User Materials);
-unauthorized access (including by minors) to the Site, to the User’s account and/or user-only areas;
-automatic forwarding and/or dissemination of communications and/or viruses or other invasive or destructive computer programs both on the Site and third-party tools. Under no circumstances will Italo S.p.A. be liable for damage caused by the User to third parties due to incorrect, unauthorized and/or illegal access to and/or use of the Site, as well as by the access to and/or use of the Content available through the Site itself.
The Site and its relative Contents are made available according to the qualitative and quantitative characteristics decided by Italo S.p.A. Italo S.p.A. therefore does not provide any guarantee concerning:
the adequacy and accessibility of the Site by the User nor the availability of the Site for use in any location;
the absence of computer viruses or other harmful programs, components and elements from the site and/or from the servers that host it;
the accuracy and/or currency of any text, information and/or declaration contained on the Site or reachable through the Site;
the constant, uninterrupted availability of the Contents of the Site.
Italo S.p.A. does not guarantee and cannot be held responsible for any loss, cancellation, elimination or break in transmission and/or supply to the recipient of content, materials and/or information entered, loaded (upload) or transmitted through the Site, regardless of whether this happened due to maintenance needs, computer viruses, access by unauthorized third parties or otherwise.
The User is expressly prohibited from initiating any type of electronic, computer and/or telematic connection (e.g. hypertext link) to and from the Site without the express authorization of Italo S.p.A.
Italo S.p.A. or third parties (provided with the authorization of Italo S.p.A.) can carry out or establish links to or from this Site (to or from other sites or Internet resources managed by third parties). The implementation of the aforementioned links in no case implies endorsement or approval by Italo S.p.A. of other sites or related content, nor the existence of any economic/legal link with the relative third party.
The acceptance and any forthcoming use by the User of an existing link on the Site to any other external site is at the sole risk and under the sole responsibility of the User. Italo S.p.A. does not assume any responsibility for the accuracy, updating, legitimacy or decency of content, materials and information present or available on the linked sites and external resources, nor for loss or damages caused to the User and/or third parties by linking to external sites and external resources or by accessing relative content, materials and services of third parties.
Italo S.p.A. reserves the right to interrupt, suspend and/or revoke —at any time and at its sole assessment and discretion— access to, or use of, the Site, or any Account of the User or Users.
The Conditions are subject to the Italian law. Any dispute concerning the Conditions (that is to say, the additional terms and conditions on the Site including those related to the validity, effectiveness, interpretation, and/or execution) is devolved to the exclusive jurisdiction of the Court of Rome (Italy) with priority over any other possible judicial authority.