1.1. www.overmover.com (“Website”) and the mobile apps, web interfaces, APIs, documentation, servers and all other Intellectual Property, software and infrastructure (individually referred to as “OverMover Product” and collective as “OverMover Suite” are owned, registered and operated by GRUPPO SELYON Srl (“Company”), a company, incorporated under the laws of the Italy and having its corporate office at Via Zucchini, 79 44122 Ferrara - Italy.
- “Authority” shall mean any national, state, provincial, local or similar government, governmental, regulatory or administrative authority, branch, agency, any statutory body or commission or any non-governmental regulatory or administrative authority, body or other organization to the extent that the rules, regulations and standards, requirements, procedures or orders of such authority, body or other organization that have the force of Applicable Law or any court, tribunal, arbitral or judicial body in Italy;
- “Minimum Age” shall mean any person aged 18 (Eighteen) years and above;
3. Services and restrictions on use
3.1. We provide an array of services for mobile workers and field works coordination and collaboration in the form of OverMover Products (“Service” or “Services”). You may use the Services for your personal and business use or for internal business purpose in the organization that you represent.
3.6. The various OverMover Products within the OverMover Suite are offered through various versions, both free and premium. The Company is not obligated to provide any support services with respect to the free version of the various OverMover Products and hereby reserves the right to suspend provision of free OverMover Products at any time or charge a subscription fee with respect to such OverMover Product.
5. Usage of OverMover Suite
5.1. If you use a OverMover Product, as a User you are responsible for maintaining the security of the devices on which the OverMover Product is installed and/or used, as well as the security of your account associated with the OverMover Product. You are responsible for all activities that occur on a OverMover Product under your account. You agree, inter alia, to provide true, accurate, current and complete information about yourself as prompted by the OverMover Product. If you provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete or that You are misusing Your account in any manner, We reserve the right to indefinitely suspend, terminate or block Your access of to the individual OverMover Product and/or the OverMover Suite.
6. Your Rights
Many of our Services allow you to store or share any information, text, links, graphics, photos, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services or receive material from others (“Content “). We don’t claim ownership of these Content. These Content remains your Content and You are responsible for it.
a. When you share these Content with other people, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, broadcast, transmit, share and display Content without compensating you. If you do not want others to have that ability, do not use the Services to share Content. You represent and warrant that for the duration of these Terms, you have (and will have) all the rights necessary for these Content that is uploaded, stored, or shared on or through the Services and that the collection, use, and retention of these Content will not violate any law or rights of others. OverMover cannot be held responsible for these Content or the material others upload, store or share using the Services.
7. Representations, Warranties and Obligations of the Company
We hereby represent and warrant that:
7.1. We are a duly registered company as under the laws of Italy;
8. Representations, Warranties and Obligations of the User
You hereby represent and warrant that:
8.2. You have provided accurate information and details to the Company with respect to your use of the OverMover Product and shall also keep the contact information up to date;
9. User’s feedback/comments/ suggestions
9.1. While submitting/ posting comments/ suggestions/ opinions/ feedback etc. (“User Content”), You agree and acknowledge that:
- We are not under any obligation of confidentiality, express or implied, regarding the User Content;
- We reserve the right to use or disclose such User Content for any purpose, in any way, as We deem fit;
- By posting/ submitting User Content, the same shall become our intellectual property right without any obligations including but not limited to any compensation or consideration, express or implied to You.
- Any feedback, comments, or suggestions you may provide regarding OverMover Suite, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
10. Intellectual Property Rights
10.1. All rights, title and interest in and to all materials that are part of the Service (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement), except for Your content are owned by the Company and/or its third party licensors.
10.2. You agree that you shall not modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, or sell in any form or by any means, in whole or in part, or otherwise exploit the intellectual property of the Company without our express prior written permission. You acknowledge that you do not acquire any ownership rights by using the Service or by accessing any material posted on the Service by the Company, or any derivative works thereof. All rights not expressly granted by these Terms are reserved by the Company and its licensors, and no license is granted hereunder by estoppel, implication or otherwise.
11.1. The Website, OverMover Product and/or the OverMover Suite may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of the Company. We are not responsible for the content of any Linked Site, including, without limitation to, any link contained in a Linked Site, or any changes or updates to a Linked Site.
11.2. We are not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. We are providing these links only for convenience, and the inclusion of any such link does not imply endorsement by OverMover, of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.
12. Fraud and Improper Conduct
12.1. You may only access the OverMover Suite and use the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all provisions of Applicable Law pertaining to Your use of the OverMover Suite and Services. You agree that You will not in any way:
12.2. Interfere with the ability of others to access or use the individual OverMover Products and the OverMover Suite;
12.3. Disrupt the normal flow of communication or otherwise act in a manner that adversely affects other Users ability to use OverMover Products and/or the Services;
12.4. Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
12.5. Post, upload, transmit or otherwise disseminate inappropriate content or material and information that is obscene, indecent, vulgar, pornographic, offensive language, graphic violence, sexual or otherwise objectionable or criminal activity;
12.6. Defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone;
12.7. Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or other users’ computers;
12.8. Violate the contractual, personal, intellectual property, confidentiality or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
12.9. Violate any Applicable Laws or regulations, or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service.
13. Limitation and Disclaimer of Warranty
13.1. The Website, the OverMover Products and the OverMover Suite and each portion thereof are provided “AS IS” without warranties of any kind either express or implied. To the fullest extent possible pursuant to Applicable Law, We disclaim all warranties, express or implied, with respect to the Website, the OverMover Products, the OverMover Suite and each portion thereof, including, but not limited to, non-infringement or other violation of intellectual property rights.
13.2. We do not warrant or make any representations regarding the use, validity, accuracy, or reliability of the information shared on the OverMover Suite or its Services.
13.3. We shall not be liable if any information shared on the OverMover Suite violates Applicable Law or contains material errors, or is (or could be subject to a claim that it is) defamatory, obscene, invades the right of privacy, or infringes any right of any person or entity.
13.4. The content shared on the OverMover Suite does not reflect our opinion or view on any subject matter. We shall not be responsible for the opinions or views expressed by the other Users of the OverMover Suite and opinions of the other Users in the form of User Content.
13.5. We shall not be liable for any direct, indirect, incidental or consequential damages, whatsoever incurred by the User due to use of the Services or due to the non- availability of any of the OverMover Products of the OverMover Suite.
13.6. We shall not be liable in the event any damage or loss occurs to your computer system, or any other electronic device, or any data as a result of (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) any content obtained from the Services; or (iv) unauthorized access, use or alteration of your transmissions or content. in no event shall the aggregate liability of the Company exceed the the amount you paid the Company, if any, in the past six months for the Services giving rise to the claim. the limitations of this section shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not the entities have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
13.8. We shall be entitled to disclose to the Authority, as required by Applicable Law or by any directive or request from any government body, the particulars of the Users engaged with the OverMover Suite.
13.9. We shall be entitled to add, to vary or amend any or all these terms and conditions at any time and the User shall be bound by such addition, variation or amendment once such addition, variation or amendment is incorporated into these terms and conditions.
13.10. You understand and Acknowledge that the Services are not meant to and do not support or carry calls to emergency services of any kind. The Company shall not be liable for any attempted emergency calls.
14.1. You undertake to indemnify Us, for any losses or damages resulting from any third party claims or complaints arising from, or in connection with Your actions on the Website, or the OverMover Products and/or breach of this Agreement.
18. Governing Law