Claider

Terms and conditions of use

DEFINITIONS

The policy:

the Policy is the insurance contract stipulated between the Insurance Company and the Contractor in which all the contractual conditions are described, and any specific clauses are described.

 

The complaint:

the Report is the communication that must be made to the insurer when a claim occurs that describes it and describes the damage happened to the insured goods, and it is necessary to activate the policy contract the procedure that leads to obtaining any compensation provided by the same.

 

Other services related to the complaint.

By way of example and not exhaustive, some connected services are:

 

Expertise, video play, remote expertise.

The report is the final result of a technical investigation that shows the analysis of the policy and the pre-contractual declarations, the reconstruction of the dynamics of the accident and the esteem of the damages that have come to occur as a result of the same. The Expert can make use of on-site inspections or remote guided inspections (video) or remote analysis without inspection (remote inspection).

 

The reconstruction of road accidents.

The reconstruction of road accidents assesses and reconstructs the dynamics of a traffic accident based on technical surveys, with on-site inspections or remotely and/or with comparative analyses, carried out with dedicated software or crash-test databases or other.

 

The Assessment of Authenticity / Economic Assets (expertise).

Expertise is the expertise of an expert regarding the authenticity and/or value of an asset such as works of art.

 

The Repair in Specific Form.

The insurance company, in the management of the reported claim, can provide, in terms of policy or economic compensation of the damage, or at the restoration of the same not matching money but offering the necessary service to repair the damaged property by sending it directly to the technicians, craftsmen or other qualified professionals and contracted to carry out the necessary repairs or indicating repair centres and restoration of goods or car body shops.

 

Subjects involved in the policy, the report, the appraisal and the services connected to it:

The subjects involved are:

-Beneficiary

-Contractor

-Insured

-Claim

– Insurance companies, insurance brokers, agents, brokers, sub-agents, accessory brokers, employees and collaborators of such subjects; more generally those who commercially treat your policy and who take care of the claim and after-sales assistance.

– Technicians and technicians involved in the technical and economic assessment of the claim, appointed by the Insurance Company or the insured.

-The other subjects to whom your data may be transmitted are only those involved in the process that comes from your complaint of the claim made with Claider. By way of inexhaustive example, these subjects are: valuation experts, insurance experts and surveyors, artisans and repair companies, post-accident remediation companies, lawyers or other professionals appointed by one of the parties involved, road accident reconstructors, others subjects belonging to the insurance sector and / or related and involved in the insurance claim etc …

 

To whom and why Claider transmits your data.

Claider is a registered trademark used commercially by Claider S.r.l. VAT No. 07238390962 based in Largo Augusto 1 – 20122 Milan, which is Data Controller of the data you enter in the App Claider.

When you download and install the Claider App, you authorise Claider S.r.l. to treat all your data and all the data of the claim that you have made with the Claider App to be transmitted by Claider S.r.l. to one or more of the subjects involved above.

In addition, authorize Claider S.r.l. to the processing of all your personal data and those that may be generated by a claim and by the services offered by the Claider Solution and their possible transmission to the parties involved above, in relation to the specific service provided by them and to the any services connected to the aforementioned complaint.

 

Brief Glossary

– Insurance Company: Insurance Company.

– Policy: insurance contract.

– Insured: the subject whose interest is protected by insurance.

– Contractor: the person who stipulates the insurance contract in their interest and/or other subjects.

– Beneficiary: subject recipient of the service to which the insurance company is obliged.

– Compensation: sum owed by the Company to the Insured in the event of a claim also the amount due by the Company for damages caused to third parties by the Insured.

– Intermediary insurance: agent, broker, subagent.

-Claim: Type of damage 

 

  1. TERMS AND CONDITIONS OF USE OF THE CLAIDER SOLUTION SERVICE

The Claider Solution is the set of services offered by Claider S.r.l. for the guided and interactive management of reports that the User intends to carry out to activate the related insurance coverage. The Claider Solution allows the user to transmit and receive information from the time of the claim until the resolution of the claim by the insurance company.

 

The Claider Solution consists of:

 

-Mobile App is downloadable online from the App Store and Google Play (“Store”) identified as “CLAIDER”, owned by Claider S.r.l.

-Web Application reachable at my.claider.net identified as “Claider platform”, owned by Claider S.r.l.

 

The terms and conditions set out below Articles A1-A11 (“Terms and Conditions”) establish a legally binding agreement for any private users who are 18 or above and holds one or more insurance policies previously identified through the Claider Solution (“User”), which downloads CLAIDER for free from the online operating system of their mobile device (smartphone and tablet) (“Device”).

The User after downloading CLAIDER on their Device will be able to access the services provided by the Claider Solution.

To use the services offered by the Claider Solution, the User is required to give his consent to the processing of his personal data as well as to the free movement of personal data by Claider S.r.l. in compliance with the regulations in force in Italy (Legislative Decree 30 June 2003 No. 196, c.d. Code for the protection of personal data as amended by Legislative Decree no. 101/2018) and in Europe (EU Regulation 2016/679 of the European Parliament and of the Council). The data controller collected through the Claider Solution is Claider S.r.l.

With the download, access and/or use of the Claider Solution, the User accepts and agrees to comply with these contractual Terms and Conditions which are legally binding in the relationship between Claider S.r.l. and the User. If the User acts by name and on behalf of a legal entity or an entity, he/she confirms from now on having all the authorisations and powers and rights necessary to commit the aforementioned legal entity or body validly. If the User (or the legal entity or entity on whose behalf they act) is not entirely in agreement with the Terms of Service, he is not authorised to download, access and/or use CLAIDER or to proceed beyond the private area of Claider platform.

 

ARTICLE A1. THE CLAIDER SOLUTION

The Claider Solution offers the User a series of free services, for formulating in a fast and straightforward way the guided and interactive complaint of an insurance claim by using a mobile device (smartphone and tablet): it also offers the User the possibility of collecting in a fast and straightforward way the User’s data necessary to formulate the claim in compliance with the provisions of the insurance policy of the User, together with all the essential information, photos and documents to reconstruct the dynamics and causes of the individual accident, and at the same time identify and determine the damages deriving from the accident and their entity. The User will be guided in a few simple steps, according to one of the different guide models included in the Claider Solution, in compiling the claim as per the User’s insurance policy. At the end of the wizard, the User will display the claim that will be saved and stored in the whole of their account or sent to the e-mail addresses indicated by the User. The claim can be supplemented by the registered User with his Account even after the completion of the procedure and can be sent by the User to his Insurance Company and/or to the Insurance Agent / Intermediary.

The Claider Solution services are provided by Claider S.r.l., their registered office is in Milan (MI), Largo Augusto 1, C.F. and VAT number 07238390962, registered with the Milan Register of Companies. These Terms of Use govern the use by the Private User of the services provided by CLAIDER. In the context of these Conditions for “Services”, we mean the services provided by Claider, including the related functions and functionalities, the advice and the reviews, the website www.claider.net and the user interfaces in addition to the content and associated software to the Services.

 

ARTICLE A2. HOW TO USE THE CLAIDER SOLUTION SERVICES 

These provisions regulate the methods of use of the services available on CLAIDER by the User.

From the online store on your device (IOS or Android), the user can download CLAIDER for free. By using the Web Application Claider platform and/or CLAIDER, the User agrees to comply and be legally bound by these Terms and Conditions for access to and use of the Claider Solution Services even if it is not a Registered User.

 

A2.1 SERVICES

To access the Claider Solution Services, the User must proceed with the creation and registration of an account in accordance with Article 3 of these Conditions. At the end of the registration, the User will have access to their account, he/she will be able to start using for free all of the Claider Solution Services.

Claider S.r.l. Reserves the right to send to the User service announcements, administrative messages and other information to communicate any limitations, suspensions, or prohibitions on accessing and using the Claider Solution or the Account services where system maintenance activities become necessary Claims or actions aimed at preventing or stopping any abusive use of the Claider Solution by the User or third parties.

The services offered by the Claider Solution and available on Mobile Devices must not be used if the User is driving a vehicle.

 

A2.2. CHANGES OF SERVICES OFFERED

Claider reserves the right to modify or extend at any time the services offered through CLAIDER, through updates or subsequent releases by proposing them to users on the online store of the operating system operator of their smartphone or directly on the Web Application. For this purpose Claider S.r.l. reserves the right to send the User announces services and other update information.

 

ARTICLE A3. REGISTRATION AND CREATION OF AN ACCOUNT

The User who wishes to use the Services made available by Claider must follow the instructions provided for the collection of their data, as well as those relating to other personal documents (such as Identity card, driving license, passport, insurance policy, Logbook for the vehicle.. etc.) For registration and creation of a user profile suitable for reporting an insurance claim and other services related to the complaint. Once the registration process has been completed successfully, the User becomes the owner of a personal account. To access you must use the password chosen during registration of which you are responsible. (Account).

To protect your Account, we recommend that you keep your password confidential and do not use it for the use of applications other than those offered by the Claider Solution. 

 

The User to guarantee the security and truthfulness of the data provided for the creation of the Account undertakes to: 


a) not contain false data or false personal information, including false names, addresses and contacts or create an account on behalf of another person other than the User, aware of the criminal sanctions referred to in art. 76 of the D.P.R. 12/28/2000 n. 445, in case of false declarations and training or use of false deeds;
b) not to attempt to circumvent the security measures of Claider by violating the network, using the Services for purposes unrelated to their intentions, to undertake any illegal activity in connection with the use and/or services offered by the System Claider;
c) not to share your password or allow other people to access your Account or perform any other action, even by third parties, which could endanger the security of your Account;
d) ensure that data, communications and content sent, through or in connection with Claider do not violate the law, the rights of any person or entity, and/or that do not contain false, libellous or defamatory information, and/or any element that constitutes an infringement also of the legislation on copyright and/or on the protection of personal data.

The User undertakes to communicate in a timely manner any variation of his/her data and information, updating them within his/her Account. The User can deactivate his Account at any time and will no longer have access to the services offered, recognising and consenting to the use of their data in accordance with the terms of the Privacy and/or the Cookie Policy.

Claider S.r.l. will be able to monitor all data and content uploaded by the User in the Claider Solution and remove them if uploaded and/or published in violation of the Terms and Conditions of Use and may also limit or suspend the use of any related Account, without affecting any other solution applicable by law.

In the event that a third party should request the removal of content concerning him, present on the User’s account, justifying his request on the basis of an alleged violation of the information on the processing and free movement of personal data pursuant to current legislation (Legislative Decree 196/2003 and Regulation (EU) 2016/679 know as Personal Data Protection Code as amended by Legislative Decree no. 101/2018) or for any other valid reason. Claider S.r.l. reserves the right to restrict, block or remove, temporarily or permanently, the content and/or data object of the dispute by the third party present on the User’s Account and/or on the Claider Solution, upon informing the User.

 

ARTICLE A4. COSTS

The use of Claider and related services are free for the user, except for internet data traffic generated by the connection of their mobile device, whose costs will be those deriving from the application of the tariff conditions applied by the telephone operator or from the provider of the data connection of the User.

 

ARTICLE A5. INTELLECTUAL PROPERTY

Any failure to comply with these provisions, unless explicitly authorised in writing by Claider S.r.l., will be prosecuted before the competent authorities

If a User transmits a content of any kind, including text or images, through Claider, the User declares and guarantees the consent for the use of such content, and that any persons portrayed or cited in the content have permitted the reproduction of your data, assets or images.

Claider S.r.l. reserves the right to change, suspend, impose limits on use, remove or disable access to any content (text, images, user interfaces, audio clips, video clips, etc.) or other material on the Claider Solution at any time and without notice in compliance with these Terms and Conditions or if required by law or by virtue of an order of public authority. Under no circumstances Claider S.r.l. will be responsible for these changes.

 

CLAIDER and the PARACHUTE logo are registered and protected trademarks also at a European and international level and used in concession by Claider S.r.l.

 

The User has no right or license to use any of the brands mentioned or the uses of such trademarks if not under a valid title.

 

ARTICLE A6. BANS

The User is expressly forbidden, directly or indirectly, to:

a) exploit, copy, distribute, reproduce, modify, translate, make accessible to the public or decompile, in any form, even though automatic devices or manual processes, the contents and/or databases present and/or available from the Claider Solution.
b) monitor the contents of the Claider Solution using robots, spiders, or other automatic tools;
c) use the Claider Solution and/or Claider S.r.l. for purposes other than those permitted under these Conditions;
d) reproduce any part of the Claider Solution, using any device, including but not limited to the use of a frame or frame, or any other “framing” technique to enclose, reflect and/or reproduce any parts or features thereof;
e) upload or send to the Claider Solution or Claider S.r.l. any content and/or programs, in violation of any law and/or regulation in force, or that encourages such a violation or that due to their size or characteristics, could slow and/or block and/or damage the Claider Solution;
f) use and/or access the Claider Solution or Claider Sr.l. so as to endanger any computer system or network, including by making available any type of virus (for this purpose, “virus” means any program deliberately introduced into a system that performs an unnecessary function and / or destructive, such as displaying an irritating message or systematically overwriting the information in the memory of the device used by the User);
g) publish or transmit information that is false, fraudulent or deceptive, or engage in any act that could be considered “phishing” (whether primary, secondary or otherwise) or that could give rise to criminal or civil liability;
h) publish or transmit any illegal, threatening, offensive, libellous, defamatory, obscene, vulgar, indecent, sexually explicit, pornographic or profane material.

In each of the cases mentioned above Claider S.r.l. and its collaborators and employees must be held harmless and relieved by the User for all damages and/or losses, for any reason, caused by the User in violation of these Terms and Conditions.

 

ARTICLE A7. USER RESPONSIBILITY

The User is responsible for the contents of his/her own and/or third parties inserted or loaded with any mode in the Claider Solution, for the purposes set out in these Terms and Conditions.

The User releases Claider S.r.l. from any liability concerning the illegal dissemination of third-party content or the use of content in ways that are contrary to applicable law. The User undertakes to indemnify and hold harmless Claider S.r.l., including its employees, experts, agents and collaborators, from any obligation or responsibility. Including any legal fees incurred to defend itself in court, that may arise in the event of damage caused to other users or third parties, in relation to the content uploaded online as well as any claim, cause of action arising from or relating to the use of the Claider Solution or the violation of these Terms and Conditions. Including any liability or expenses resulting from claims, losses, damages, legal actions, judgments, court costs and legal costs, arising from the violation of these Terms and Conditions and more generally in violation of applicable law. If the Claider Solution services are used on behalf of an entity, association, foundation, committee, company and/or another person other than the physical person, such different subject must accept these Terms and Conditions. Holding unharmed and protecting Claider S.r.l. from any claim, a cause of action arising from or relating to the use of the Claider Solution or breach of these Terms and Conditions, including any liability or expenses resulting from claims, losses, damages, legal actions, judgments, court costs and legal fees.

 

ARTICLE A8. RESPONSIBILITY OF CLAIDER

Claider S.r.l. cannot be held responsible in any way for damages of any kind caused directly or indirectly by access to the Claider Solution, by the inability or impossibility to access it, by reliance on the information contained therein in any form by the User.

 

Any links to external sites are provided as a simple service to the User, with the exclusion of any responsibility for the correctness and completeness of the set of links indicated.

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In any case Claider S.r.l. will not be responsible for any loss or damage not reasonably foreseeable. If the User uses the Claider Solution services for a personal purpose, Claider S.r.l. recognises the operation of the User’s rights as a consumer; therefore the provisions of these Terms and Conditions may not limit the legal rights of consumers to whom it is not possible to renounce by contract.

 

ARTICLE A9. VARIE

Claider Solution services are provided by Claider S.r.l., with registered office in Milan (MI), Largo Augusto 1, C.F. and VAT number 07238390962, registered with the Milan Register of Companies. These Terms and Conditions govern the use by the User of the services provided by Claider S.r.l. through CLAIDER, including the related functions and functionalities, advice and reviews, the website www.claider.net and user interfaces as well as the content and software associated with these services. The nullity of one or more provisions of these Terms and Conditions does not affect the validity of the other requirements.

 

ARTICLE A10. APPLICABLE LAW

The applicable law, these Terms of Use, and all legal relationships for use by the User and the Claider Solution, related to the Services offered, is the Italian one. For legal relationships between Claider S.r.l. and the User, please refer to the applicable law, in particular, the legislative decree 6 September 2005, n. 206, bearing the “Consumer Code”, and subsequent additions and amendments, including the legislative decree 21 February 2014, n. 21 “Implementation of Directive 2011/83 / EU on consumer rights, amending Directives 93/13 / EEC and 1999/44 / EC and repealing Directives 85/577 / EEC and 97/7 / EC”.

 

ARTICLE A11. APPLICABLE JURISDICTION FOR THE RESOLUTION OF DISPUTES

Any question concerning the access or use of the Claider Solution, including any dispute arising from the interpretation, application or execution of these Terms and Conditions, will be governed by the laws of the Italian State. The User accepts and submits to the exclusive jurisdiction of the Court of Milan and expressly waives any objection to this jurisdiction. If a dispute arises between Claider and the User, the parties will attempt to resolve the dispute promptly and in good faith. If they can not solve the dispute within a reasonable time (not exceeding thirty (30) days), since the dispute, the complaint or the request formulated by the other party is notified to the other party, the parties will have the right to initiate a conciliation attempt before the Forensic Conciliation Body of Milan, Via Freguglia, 14 – 20122 MILAN. If the dispute arises cannot be resolved by resorting to the mediation procedure described above, the parties may use any other remedy provided for by law.

 

Updated, 06/02/2020

The policy:

The Policy is the insurance contract stipulated between the Insurance Company and the Contractor in which all the contractual conditions are described, and any specific clauses are specified.

The claim:

The claims report is the communication that must be made to the insurer when an accident occurs that describes what happened and what damage occurred to the insured goods, also it is necessary to activate the policy that leads to obtaining the possible compensation provided by the insurer.

Other services related to the claim.

as an example and not exhaustive, other related services are:

Expertise, video play, remote expertise

The report is the final result of a technical investigation that shows the analysis of the policy and the pre-contractual declarations, the reconstruction of the dynamics of the accident and the esteem of the damages that has occurred. The Expert can make use of on-site inspections or remote guided inspections (video) or remote analysis without inspection (remote inspection).

The reconstruction of road accidents:

The reconstruction of road accidents assesses and reconstructs the dynamics of a traffic accident based on technical surveys, with on-site inspections or remotely and/or with comparative analyses, carried out with dedicated software or crash-test databases or other.

The Evaluation of Authenticity / Economic Assets (expertise):

Expertise is the expertise of an expert regarding the authenticity and/or value of an asset such as works of art.

The Repair in Specific Form:

The insurance company, in the management of the reported claim, can provide, in terms of policy or economic compensation of the damage, or at the restoration of the same not matching money but offering the necessary service to repair the damaged property by sending it directly to a technician, craftsman or other qualified professional who is contracted to carry out the necessary repairs or indicating repair centers and restoration of goods or car body shops.

Subjects involved in the policy, the report, the appraisal and the services connected to it:

The subjects involved are:

Beneficiary

contractor

Insured 

Damage

The insurance company, insurance brokers, agents, brokers, sub-agents, ancillary intermediaries, employees and collaborators of such subjects; more generally those who commercially treat your policy and who takes care of the accident and after-sales assistance.

Experts and technicians involved in the technical and economic assessment of the claim, appointed by the Insurance Company or the Insured

The other subjects to whom your data may be transmitted are only those involved in the process that comes from your complaint of the claim made with Claider. By way of non-exhaustive example, these subjects are: valuation experts, insurance experts and surveyors, artisans and repair companies, post-accident remediation companies, lawyers or other professionals appointed by one of the parties involved, road accident reconstructors, others subjects belonging to the insurance sector and / or related and included in the insurance claim etc …

  1. General terms and conditions of use of the Claider Solution / Business User service

The terms and conditions set out below in Articles A1-A11 (“Terms and Conditions”) constitute a legally binding agreement for each Business User whether they are a physical person and/or legal entity that qualifies such as: direct insurance company, broker insurance agent, insurance agent, expert or owner of an expert company, holder or manager of collective insurance policies, condominium administrator, other subjects belonging to the insurance sector and/or related, previously identified through the Claider Solution (“Business User”), which use the Claider Solution.

 The Claider Solution is the set of services offered by Claider S.r.l. composed of:

-App Mobile downloadable online from official stores (“Store”), identified as CLAIDER

-Web Application reachable via web at my.claider.net identified as Claider Platform

from now on defined as “Claider Solution.”

The Claider Solution is the set of services offered by Claider S.r.l. for the guided and interactive management of claims reports by the private owner of the insurance policy as well as for the management and archiving of insurance policy data, including the management of insurance claims, quotes, communications and other claims related services by the Business User.

With the download, access and/or use of the Claider Solution, the Business User accepts and agrees to comply with these contractual Terms and Conditions which are legally binding in the relationship between Claider S.r.l. and Business User. If the Business User acts in the name and on behalf of a legal entity or an entity, he confirms from now on having all the authorisations and powers and rights necessary to commit the aforementioned legal entity or entity validly. If the Business User (or the legal entity or entity on whose behalf he acts) does not entirely agree with the Conditions of the service is not authorised to download, access and/or use Claider and to proceed beyond the members’ area of Claider Platform.

The holder for the treatment of personal data collected through the Claider Solution is Claider S.r.l. (“Holder”)

The personal data of the individual user, who has reached the age of consent and is the owner of one or more insurance policies, previously identified through the Claider Solution (the User), if they have not previously been uploaded by the user who already uses the Claider Solution Mobile App and Web Application services they can be uploaded to the Claider Solution by the Business User. It is however understood that the Business User, where previously authorised by the private user to the processing of their personal data will remain the owner and responsible for personal data collected and uploaded and/or transferred to the Claider Solution, except in the case where the user decides to take advantage of the services of Mobile App and Web Application of the Claider Solution made by Claider S.r.l. for the individual user. In the latter hypothesis, also the personal data of the user collected, loaded and/or transferred by the Business User on the Claider Solution will be processed by Claider S.r.l. as the owner of the personal data processing while the business user will be responsible for data processing within the limits and for the purposes set out in Legislative Decree 30 June 2003 no. 196 and to the EU Regulation 2016/679 of the European Parliament and of the Council.

For all other purposes Claider S.r.l. is the holder of personal data.

Article A1. CLAIDER

CLAIDER offers the User a series of free services for formulating a fast and straightforward way. The system is  interactive and guides you through your insurance claim in the best and most efficient way possible using a mobile device (such as a smartphone, a tablet, etc.); it also offers the possibility to compose the best possible claim accompanied by all the information, photos and documents relating to the dynamics and causes and damage suffered, according to one of the different guide models included in the software application of the Claider Solution, for the purpose of the filing of the complaint with reference to insurance policies concerning the User as a contractor, insured or also a beneficiary of the insurance policy.

At the end of the complaint process, it is possible to receive the text of the complaint by mail to send it to your insurance company and/or insurance agent/intermediary.

A1.2

The Web application offers the Business User a series of modular services, aimed at improving the management of the customer portfolio within the company’s business.

In particular:

1 – support for the management of policy contracts in its customer portfolio;

2 – support for the management of claims occurring on their customers’ policy contracts (claims reported by the User), which have downloaded CLAIDER free of charge from the online store of the operating system operator of their mobile device);

3-support for the commercial management of the policies of its customer portfolio.

Article A2. Terms and conditions

These terms and conditions govern how the Business User uses the services available on the Web Application and the App Claider as well as on the website www.claider.net. By using the Web Application, the Business User agrees to comply and be legally bound by these conditions even if it is not already a registered user.

A2.1 Subscription services

To access the Claider Solution services, the Business User must first register as a user, entering their data, and then proceed with the creation and registration of an account under Article A3 of these Conditions. After registering your Account, the Business User can start using the required Claider Solution services.

More detailed information regarding the duration of the subscription, the package of services offered and the payment methods can be found on the claider.net website in the dedicated area. For Business Users not yet registered any information on the duration of the subscription, on the package of services offered by the Claider Solution and the related payment methods can be requested via e-mail by sending a communication to the following address: support@claider.net

Claider may at any time decide to suspend and/or block access to the Claider Solution services and the Business User Account for Web Application maintenance and/or to prevent any abusive use of the Claider Solution services

The services offered by the Claider Solution, available on Mobile Devices must not be used if the Business User is driving a vehicle.

Claider reserves the right to modify or extend the Claider Solution services at any time through updates or subsequent releases aimed at improving the services offered by the Claider Solution, in compliance with these general terms and conditions.

A2.2 Trial period and demo

The Business User will have the possibility, before signing the chosen service package, to try the demo version of the Web application (more detailed information regarding the package of services offered can be viewed at claider.net).

A2.3 Invoicing

The services chosen by the Business User will have a fixed cost and depending on the number of services selected, the monthly subscription fee will be calculated.

More detailed information regarding the duration of the subscription, the package of services offered and the payment methods can be consulted by the Business User registered on the claider.net website in the members’ area.

The subscription fee will be debited monthly and in advance through the credit card circuit chosen by the Business User through the payment section in the Web Application, on the day corresponding to the beginning of the subscription payment period, without prejudice to the application of the general terms and conditions established by the payment system linked to the payment card in the User’s Business property (“Payment Method”). The payment date may change if the paid subscription starts on a day not present in a given month. The history of payments made and the time of the next payment will be available in the payment section in the Web Application.

The Business User can change the payment method by visiting the payment section in the Web Application. If a charge was not successful due to lack of funds or for any other reason, and the Business User had not updated the payment method or communicated his/her cancellation, Claider S.r.l. reserves the right to suspend the access of the Business User to the Services until the Business User has made the payment and/or communicate a new valid payment method. If the Payment Method is updated, the Business User authorises to debit the updated Payment Method and will be responsible for any outstanding amounts.

Claider S.r.l. provides for issuing a regular invoice for the services provided to the Business User on a monthly basis.

Claider S.r.l. does not assume any responsibility for the amounts and/or charges and/or commissions that may be charged to the Business User by the subject-owner of the payment methods and their management. To this end, the Business User is invited to contact the owner of the payment method chosen by the Business User.

The subscription has an annual duration and is tacitly renewed. Claider S.r.l. will send 60 days before the expiry date of the annual subscription signed by the User Business a communication concerning the expiry and the tacit renewal. From that date and up to 30 days before the end of the subscription, the Business User will be entitled to cancel the subscription by registered mail with return receipt to be sent to Claider S.r.l. Viale Luigi Majno 23 – 20122 Milan.

A2.4 Cancellation

Business Users may decide to suspend their users at any time thus ceasing to use the services offered by the Claider Solution without additional costs and charges and continuing to have access to the same services until the end of the monthly billing period that the Business User will have already paid. To the extent permitted by applicable laws, payments are non-refundable. The user suspension functionality is available within the payment section in the Web Application.

In case of cancellation of the subscription or suspension of the account the Business User will no longer have access to the Claider Solution Services, without prejudice to the option of Claider S.r.l. to keep the data provided by the Business User and/or related to the Account for a period not exceeding 12 months from termination or termination of relations and in any case, in compliance with current legislation. Business Users may request to reactivate their Account re-establishing the ordinary course of payments through the appropriate functionality in the payment section in the Web Application, however Claider S.r.l. does not guarantee the permanence of Business Users data for which Claider S.r.l. has had to limit, cancel, suspend or transfer upon request of the Private User or in accordance with the provisions of the applicable law.

A2.5 Changes to the costs and services offered

Claider S.r.l. reserves the right to modify or extend subscription costs and/or services provided by the Claider Solution at any time, through updates or subsequent releases, proposing them to users on the Web Application, communicating such changes 60 days in advance of the same date. Upon the occurrence of one of these hypotheses, the Business User will have the right to terminate the subscription to the Claider Solution services subscribed at no cost and / or additional charge, according to the methods provided for by these Terms and Conditions, without prejudice to the User’s right Business to continue to use the Claider Solution services for which it has previously signed a subscription in compliance with these Terms and Conditions.

Claider S.r.l. also reserves the right to send to the User Business service announcements, administrative messages and other update information.

Article A3. Register and create an account

The Business User who wishes to use the services made available by the Claider Solution must follow the instructions provided for the collection of their personal, company and corporate data as well as those relating to other personal documents (such as: Identity card, driving license, passport, insurance policy, vehicle booklet … etc.) for the purposes of registration and creation of a user profile both in relation to the Business User and to its customers and/or collaborators. After completing the registration process, the Business User has a personal account to access which he must use the password chosen during registration and for which he is responsible (“Account”).

To protect your Account, it is advisable to keep your password confidential and not to use it for the use of applications other than those offered by the Claider Solution.

The Business User, to guarantee the security and veracity of the data provided for the creation of the Account, undertakes to:

  1. a) not provide false personal information, including false names, addresses and contacts or create an account on behalf of another person other than the business user, aware of the criminal sanctions referred to in art. 76 of the D.P.R. 12/28/2000 n. 445, in case of false declarations and training or use of malicious deeds;
  2. b) not to attempt to circumvent the security measures of the Claider Solution by violating the network, using the Services for purposes unrelated to their intentions, to undertake any illegal activity in connection with the use and/or services offered by the Claider Solution;
  3. c) not to share your password or allow other people to access your Account or perform any other action, even by third parties, which could endanger the security of your Account;
  4. d) ensure that data, communications and content sent, through or in connection with the Claider Solution do not violate the law, the rights of any person or entity, and/or that do not contain false, libelous or defamatory information, and/or any element that also constitutes a violation of the legislation on copyright and/or on the processing and free circulation of personal data protection.

The Business User undertakes to communicate promptly any variation of their data and information, updating them in their Account.

Business Users can deactivate their Account at any time and will no longer have access to the services offered, recognising and consenting to the use of their data according to the terms of the privacy policy and/or the applicable cookie policy

Claider S.r.l. will be able to monitor all data and content uploaded by the Business User on the Claider Solution and remove them if uploaded and/or published in violation of these Terms and Conditions, or Use, without prejudice to any other solution applicable by law.

In the event that a third party and/or another Business User should request the removal of content concerning him, present on the Business User Account, justifying his request on the basis of an alleged violation of the information on the treatment and free circulation of personal data in accordance with current legislation (Legislative Decree 196/2003 and Regulation (EU) 2016/679) on the protection of personal data, or for any other valid reason, Claider S.r.l. reserves the right to limit, block or remove, temporarily or permanently, the content and/or data object of the third party present on the Business User Account and/or the Claider Solution, after informing the interested Business User .

Article A4. costs

The use of the Claider Solution and the related Services is governed by the subscription conditions, except for internet data traffic whose values will be those deriving from the application of the tariff conditions applied by the telephone operator or the provider of the data connection of the User Business User.

The details of the packages offered and the related costs can be consulted in the relevant reserved section on the claider.net website.

Article A5. Intellectual property

All rights to the contents (texts, images, user interfaces, audio clips, video clips, etc.) of the Claider Solution are reserved under current legislation and are protected by law and intellectual property.

The contents of the Claider Solution pages may not, in whole or in part, be copied, reproduced, transferred, uploaded, published or distributed in any way without the prior written consent of Claider S.r.l..

Any failure to comply with these provisions, unless explicitly authorised in writing by Claider S.r.l., will be prosecuted before the competent civil and criminal courts.

If a Business User within the services provided by the Claider Solution transmits a content of any kind, including text or images, the Business User declares and guarantees consent for the use of such material, and that any persons portrayed or cited in the document allowed the reproduction of their data, assets or images, taking Claider S.r.l. free and indemnified from any responsibility and/or request.

Claider S.r.l. reserves the right to change, suspend, impose limits on use, remove or disable access to any content (text, images, user interfaces, audio clips, video clips, etc.) or other material on the Claider Solution at any time and without notice, in compliance with these Terms and Conditions or if required by law or by virtue of an order of public authority. Under no circumstances Claider S.r.l. will be responsible for these changes.

CLAIDER and the PARACHUTE logo are registered and protected trademarks also on a European and international level and used under license by Claider S.r.l. Other trademarks, service marks, graphics signs and logos used in reference to the Claider Solution are not the property of Claider S.r.l. may be trademarks of their respective owners. The Business User has no right or license to use concerning any of the brands mentioned and to the use of such trademarks if not under a valid title.

Article A6. Prohibitions

The Business User is expressly forbidden, directly or indirectly, to:

  1. a) exploit, copy, distribute, reproduce, modify, translate, make accessible to the public or decompile, in any form, even through automatic devices or manual processes, the contents and/or databases present and/or available from the Claider Solution;
  2. b) monitor the contents of the Claider Solution using robots, spiders, or other automatic tools;
  3. c) use the Claider Solution and/or the platform and/or systems of Claider S.r.l. for purposes other than those permitted under these Conditions;
  4. d) reproduce any part of the Claider Solution and/or Claider Platform, using any device, including but not limited to the use of a frame or frame, or any other framing technique to enclose, reflect and/or reproduce parts or features thereof;
  5. e) upload or send to the Claider Solution or Claider S.r.l. any content and/or programs, in violation of any law and/or regulation in force, or that encourages such a breach or that due to their size or characteristics, could slow and/or block and/or damage the Claider Solution;
  6. f) use and/or access the Claider Solution or Claider S.r.l. so as to endanger any computer system or network, including by making available any type of virus (for this purpose, “virus” means any program deliberately introduced into a system that performs an unnecessary function and/or destructive, such as displaying an irritating message or systematically overwriting the information in the memory of the device used by the User);
  7. g) publish or transmit information that is false, fraudulent or deceptive, or engage in any act that could be considered “phishing” (whether primary, secondary or otherwise) or that could give rise to criminal or civil liability;
  8. h) publish or transmit any illegal, threatening, offensive, libellous, defamatory, obscene, vulgar, indecent, sexually explicit, pornographic or profane material.

In each of the above cases, Claider S.r.l. and its collaborators and employees must be held harmless and relieved by the Business User for all damages and/or losses, for any reason, caused by the Business User in violation of these Terms and Conditions.

Article A7 Responsibility of the Business User

The Business User is responsible for the contents collected through the Claider Solution and is authorised to use it, to handle the claim and/or the commercial management of the policies.

The Business User cannot use third-party data for commercial purposes, possibly entered by the private user in the Claider Solution, for the sole purpose of reporting an insurance claim, which he shares through their upload or by any other means.

For any other use of the data (statistical analysis, technical and economic assessments of the accident and related damages, appraisals, evaluation of repair interventions and any other activity other than the report of the claim) the owner is Claider exclusively.

The Business User exempts Claider S.r.l. from any liability concerning the illegal dissemination of third-party content or the use of the material in ways that are contrary to applicable law. The Business User undertakes to indemnify and hold harmless Claider S.r.l., including its employees, experts, agents and collaborators, from any obligation or liability, including any legal fees incurred to defend itself in court, which may arise in the event of damage caused to other users or third parties, in relation to the content uploaded online as well as any claim, cause of action arising from or relating to the use of the Claider Solution or the violation of these Terms and Conditions, including any liability or expenses resulting from claims, losses, damages, legal actions, judgments, court costs and legal fees, arising from, the violation of the terms of the law or of these Terms and the terms of these Conditions and more generally in violation of applicable law.

If the Claider Solution services are used on behalf of an entity, association, foundation, committee, company and/or another person other than the natural person, such different subject must accept these Terms and Conditions, holding unharmed and protecting Claider S.r.l. from any claim, cause of action arising from or relating to the use of the Claider Solution or breach of these Terms and Conditions, including any liability or expenses resulting from claims, losses, damages, legal actions, judgments, court costs and legal fees.

Article A8. Responsibility of Claider

Claider S.r.l. guarantees that the data provided by the Business Users will not be available to other Business Users of the Claider Solution or third parties unless explicitly requested and authorised by the individual private user as the owner of the personal data in the exercise of his rights.

Claider S.r.l. does not recognise any exclusive rights and/or rights equivalent to the Business User for the use and management of Claider Solution services that can be used by several Business Users at the same time ensuring Claider S.r.l. that the data and activities of each Business User will be managed separately without any possibility of interference.

Claider S.r.l. cannot be held responsible in any way for damages of any kind caused directly or indirectly by access to the Claider Solution, by the inability or impossibility to access it, by reliance on the information contained therein or by their use in any form by the Business User.

Claider S.r.l. assumes no responsibility for services offered by third parties with whom the Claider Solution has activated a link, and for any other content, information or anything else contrary to the laws of the Italian State present in the resource of the third party attached to the attachment link.

Any links to external sites are provided as a simple service to the Business User, with the exclusion of any responsibility for the correctness and completeness of the set of links indicated.

The indication of links does not imply, furthermore, by Claider S.r.l. any approval or sharing of responsibility concerning the completeness and correctness of the information contained in the sites indicated.

To the extent permitted by law, the total responsibility of Claider S.r.l. concerning any request, request, dispute or complaint submitted under these Terms and Conditions, including claims for any implied warranty, is limited to the sum paid by the Business User for the paid services used by the User.

In any case Claider S.r.l. will not be responsible for any loss or damage not reasonably foreseeable.

If the Business User uses the Claider Solution services for a personal purpose, Claider S.r.l. recognises the operation of the rights of the User Business as a consumer, where applicable. Therefore the provisions of these Terms and Conditions may not limit the legal rights of consumers to whom it is not possible to renounce by contract.

Article A9. Miscellaneous

The Claider Solution services are provided by Claider S.r.l., with registered office in Milan (MI), Largo Augusto 1, C.F. and VAT number 07238390962, registered with the Milan Register of Companies. These Terms and Conditions of Use govern the use by the Business User of the services provided by Claider S.r.l. through the Claider Solution. In the context of these Conditions, “Services” means the services provided by Claider, including the related functions and functions, recommendations and reviews, the website www.claider.net and user interfaces, in addition to the content and associated software. To such Services. The nullity of one or more provisions of these Terms and Conditions does not affect the validity of the other requirements.

Article A10. Applicable law

The applicable law, these Terms of Use, and all the legal relationships existing for use by the Business User of the Claider Solution, related to the Services offered, is the Italian one. For legal relationships between Claider S.r.l. and the Business User, please refer to the applicable law decree 6 September 2005, n. 206, bearing the “Consumer Code”, and subsequent additions and amendments, including the legislative decree 21 February 2014, n. 21 “Implementation of Directive 2011/83 / EU on consumer rights, amending Directives 93/13 / EEC and 1999/44 / EC and repealing Directives 85/577 / EEC and 97/7 / EC”.

Article A11. Applicable jurisdiction for the settlement of disputes

Any issue concerning the access or use of the Claider Solution, including any dispute arising from the interpretation, application or execution of these Terms and Conditions, will be governed by the laws of the Italian State. The Business User accepts and submits to the exclusive jurisdiction of the Court of Milan and expressly renounces any objections to this jurisdiction, except for the case in which the specification of the consumer applies. If a dispute arises between Claider S.r.l. and the Business User arising from or related to the use of the Claider Solution, the parties will endeavour to resolve such dispute promptly and in good faith. If they fail to resolve the conflict within a reasonable time (no more than thirty (30) days) from when the other party is notified of the dispute, the complaint or the request formulated by the other party, both parties shall have the right to launch an attempt at conciliation mediation before the Forensic Conciliation Body of Milan, Via Freguglia, 14 – 20122 MILAN. If the dispute that arises cannot be resolved by resorting to the mediation procedure described above, the parties may use any other right or remedy available under the Applicable Law.

Updated, 06/02/2020