GENERAL TERMS AND CONDITIONS OF USE
IMPORTANT: CAREFULLY READ THESE GENERAL TERMS AND CONDITIONS OF USE AND ANY LEGAL WARNINGS ("CONDITIONS") ON THE WEBSITE (AS DEFINED BELOW) BEFORE USING THE CATALOGUES, INSTRUCTIONS, OPERATION AND MAINTENANCE MANUAL AND SOFTWARE (HEREINAFTER CALLED “MATERIAL/S”) MADE AVAILABLE ON THE APRILIA RACING WEBSITE (HEREINAFTER CALLED “WEBSITE”).
ACCESS, BROWSING AND USE OF THE WEBSITE IN GENERAL IMPLIES ACCEPTANCE OF THE CONDITIONS. IF THE CONDITIONS ARE NOT ACCEPTED, ACCESS, BROWSING AND USE IN GENERAL OF THE WEBSITE AND MATERIALS IS NOT PERMITTED. IN THE EVENT OF ANY VIOLATION OF THE CONDITIONS, AUTHORISATION FOR THE USE OF THE WEBSITE IS UNDERSTOOD TO BE IMMEDIATELY AND AUTOMATICALLY REVOKED AND ANY MATERIAL DOWNLOADED AND PRINTED FROM THE WEBSITE MUST BE DESTROYED IMMEDIATELY.
IMPORTANT: THE INFORMATION AND/OR PROCEDURES DESCRIBED IN THE MATERIALS ARE SOLELY FOR USE ON VEHICLES DESTINED FOR SPORT USE IN MOTORCYCLE COMPETITIONS ON CLOSED CIRCUITS, THEREFORE USING THE VEHICLES ON PUBLIC ROADS IS STRICTLY PROHIBITED.
THE USE OF SOME MATERIALS BY THE USER IMPLIES CHANGING THE INTENDED USE OF THE MODIFIED VEHICLES AS “NOT STREET LEGAL”. APRILIA RACING THEREFORE ACCEPTS NO LIABILITY FOR ANY DAMAGE CONNECTED TO AND/OR STEMMING DIRECTLY AND/OR INDIRECTLY FROM THE USE OF THE MATERIALS AND/OR RELATED CHANGES OF INTENDED USE OF THE VEHICLES AS “NOT STREET LEGAL”.
USE OF THE MATERIAL IS INTENDED FOR SPECIALISED PERSONNEL, THEREFORE WE DO NOT RECOMMEND USE OF THE CONTENT BY NON-SPECIALISED PERSONNEL.
- Use of the Website and Materials. Aprilia Racing S.r.l. With registered offices in 56025 Pontedera (PI), Viale Rinaldo Piaggio 25 (hereinafter called "Aprilia Racing") authorises the viewing and download of the Material contained on the Website exclusively for personal and non-profit use in compliance with the copyright and in general the intellectual property of Aprilia Racing contained in the Materials. Any modification to the Materials on the Website, their circulation, reproduction, distribution or any other type of use. Any use of the Materials on another website or on another computer network is also prohibited. The Materials on the Website are subject to copyright on industrial property and their unauthorised use constitutes a violation of the law on copyright and in general of the regulation applicable to the protection of intellectual property.
- Use of the Software. Should software be downloaded from the Website (hereinafter called "Software"), the use of the same is subject to the terms of the Software user licence which will be provided along with the same. It will not be possible to download or install the Software until the aforementioned licence is accepted.
- Disclaimer of Guarantee. The Materials and the consulting services contained on the Website are provided "as they are in fact and in law" without any type of guarantee, express or implicit, including guarantees of marketability, use for specific purposes or violation of intellectual property rights. Furthermore, Aprilia Racing does not guarantee the accuracy and completeness of the Materials on the Website. Aprilia Racing has the right to make any changes to the Materials on the Website, the products described therein and their prices at any time and without any obligation of notice. The Materials on the Website may not be up to date. In this regard, Aprilia Racing undertakes no obligation to update the Materials. The user shall use the Materials under his or her own responsibility and waives any claim against Aprilia Racing, its Administrators and employees in relation to any damage stemming from the use of the Materials and/or the vehicles modified with the use of the Materials.
- Limitation of Liability. In no case will Aprilia Racing, its suppliers or any other third party mentioned on the Website and/or in the Material be liable for damage of any type (including, but not limited to, damage to objects and/or persons and/or stemming from loss of profit, loss of data or interruption of economic activity) stemming from the use or the impossibility of use of the Website, of any other website linked to it, of the Materials or of the information contained therein or contained on the linked websites, of any sort whatsoever, whether contractual or non-contractual. Should the use of the Website and/or of the information and/or the Materials contained therein imply the need to obtain repairs and/or replacement of the vehicles and/or parts and/or accessories relative to the vehicles, all the costs will be at the user's expense.
- Changes. Aprilia Racing reserves the right to change the Conditions at any time by updating the version published on the Website (“Changes”). In this regard, it will be the user's responsibility to check the latest updated version of the Conditions on the Website. The user will be able to choose whether to maintain or withdraw his or her subscription to the Website following the changes made. Access, browsing or use of the Website following the Changes implies acceptance of the Changes.
- Access to the Website from outside of Italy. The Website is managed by Aprilia Racing who will not be liable concerning the fact that the Materials on the Website are appropriate or freely accessible from outside of the Republic of Italy. The use or exportation of the Website Materials is prohibited where this is prohibited by applicable laws or regulations. Connection to the Website by users from countries outside of the Republic of Italy is carried out under the sole responsibility of the user, who directly assumes any liability stemming from the application of applicable local laws.
- Applicable law. These Conditions are governed by the laws of the Republic of Italy.
- Jurisdiction. For any controversy that may arise between the user and Aprilia Racing related to the validity, effective interpretation and execution of the Conditions or of the transactions established in their execution, even if this clause is not indicated, the court of Milan – where not settled amicably – will have sole jurisdiction.
- No waiver. Should Aprilia Racing fail to demand a strict, timely application of the provisions of these Conditions, or fail to exercise a right and/or faculty granted herein, this shall in no case be considered a waiver of said right or faculty.
- Code of ethics and rules of conduct. The user declares that he or she is aware of the provisions pursuant to Legislative Decree 231/01 as amended and updated, and to have read and fully accepted the Aprilia Racing Code of Ethics and Rules of Conduct published at the website: www.aprilia.com/en/en/index/tools/code-of-ethics-Aprilia-Racing.html, undertaking to acknowledge any updates that may be published on the Website. The user therefore undertakes to behave in compliance with Legislative Decree 231/01 and the Aprilia Racing Code of Ethics and Rules of Conduct, in such a way so as not to expose Aprilia Racing to the risk of application of the sanctions set forth by the aforementioned Legislative Decree 231/01, as well as submitting them and enforcing them with their partners, employees or consultants who participate in the execution of the Conditions. The user also undertakes to notify Aprilia Racing immediately of any events actually or even potentially detrimental to the Aprilia Racing Code of Ethics and Rules of Conduct, namely the occurrence of events that constitute non-compliance with the standards of the aforementioned Legislative Decree 231/01. It is understood that the user shall indemnify and hold harmless Aprilia Racing and/or the Piaggio Group from any negative impact that may arise against them stemming from non-compliance with the standards pursuant to Legislative Decree 231/2001 or the Aprilia Racing Code of Ethics and Rules of Conduct.