GENERAL TERMS & CONDITIONS FOR USE OF THE “TIPPY-FI” DEVICE
DIGICOM S.r.l., (hereinafter also referred to as simply “DIGICOM”) (Tax code and VAT no.: 03488160122), with registered offices in Viale Cadorna, 95, Legnano (MI) – Italy, through its pro tempore legal representative, hereby invites the subject who, given the nature and purpose of the “TIPPY-FI” device (hereinafter also referred to as simply “TIPPY-FI”), qualifies as a “consumer” pursuant to article 3, paragraph 1, letter a) of Italian Legislative Decree no. 206 of 06/09/2005 (the Consumer Code) (i.e.: “a natural person who does not use the product or service purchased as part of their work, commercial or professional activity”), to read these General Terms and Conditions (hereinafter GTCs) carefully and in their entirety. The GTCs regulate the use of any feature, function and service made available through TIPPY-FI and must be read before connecting, activating and pairing TIPPY-FI, as more clearly illustrated in article 2 below, to the related anti-abandon device pursuant to article 1, paragraph 1, letter b) of Decree no.122/2019, known as “TIPPY PAD” (hereinafter also referred to as simply “TIPPY PAD”).
These GTCs were written in accordance with the requirements and criteria set out in the Consumer Code under article 5, paragraph 3, and under article 9.
1.1. DIGICOM reserves the right to change these GTCs at any time and, therefore, any amendments or additions to these GTCs will be effective upon their publishing in the mobile app for TIPPY-FI. For this reason, DIGICOM recommends that you come back to these GTCs regularly to consult the most up-to-date version.
1.2. If any clause or article in these GTCs were to be held ineffective, invalid or, for any reason, unenforceable, this event would not affect the validity and effectiveness of the other clauses or articles of these GTCs, nor of the updated, amended and/or supplemented version of the GTCs.
1.3. If you intend to not accept any updates and/or amendments and/or additions made to these GTCs, you have the right to deactivate the TIPPY-FI that is connected, activated and paired to the related anti-abandon TIPPY PAD device(s) at any time and at no charge.
2.1. To connect TIPPY-FI to TIPPY PAD, you must manually type in the TIPPY PAD’s serial number or enter it by scanning the TIPPY PAD’s barcode and/or QR code using the specific mobile app for TIPPY-FI.
2.2. After completing the operation described in the preceding article 2.1, you must shake the TIPPY-FI device with a movement of your wrist until you hear a beep and 4 (four) green lights start flashing on the TIPPY-FI device or until you hear 3 confirmation beeps and a blue light starts flashing.
2.3. After successfully completing the operation described in the preceding article 2.2, you must tap the “next” button and then the “save” button.
2.4. If you want to connect, activate and pair TIPPY-FI to additional TIPPY PAD devices (up to 3 TIPPY PADS can be connected), you must tap “add another Tippy Pad” and then follow the operations described in the preceding articles from 2.1 to 2.3.
2.5. Once the connection, activation and pairing operations described in the preceding articles from 2.1 to 2.4 have been successfully completed, you will no longer need your mobile phone and the mobile app for TIPPY-FI in order to take full advantage of the functions and features of TIPPY-FI.
3.1. TIPPY-FI’s main and most important features are as follows: a) automatic activation – after carrying out the operations described in the preceding article 2 – of the TIPPY-FI device with the related TIPPY PAD device or devices; b) Bluetooth Low Energy (BLE) communication technology; c) combined monitoring of the battery charge level in the TIPPY-FI device and related TIPPY PAD; d) activation confirmation and alarms via audible and visual signals; e) option to pair TIPPY-FI to up to 3 (three) TIPPY PADS; f) replaceable batteries in TIPPY-FI; g) independent operation and use of TIPPY-FI with the related TIPPY PAD device(s); and h) configuration of TIPPY-FI via manual procedure or via mobile app.
3.2. The main function of the TIPPY-FI device is basically to prevent leaving a child or children inside a vehicle accidentally (and for a long time). Thanks to BLE technology, when TIPPY-FI detects that it has disconnected from the related TIPPY PAD device or devices because the driver and/or passenger has walked away from his/her vehicle a few metres, it emits an alarm in the form of an audible signal and a red flashing light in order to alert the driver and/or passenger that he/she has left the child or children in the vehicle; the audible and visual signals continue until the driver and/or passenger walks back to his/her vehicle and is right next to it. If the audible and visual signals described above are activated in a situation where the child or children have been left in the vehicle but are nevertheless under the vehicle driver’s and/or passenger’s supervision, the audible and visual signals can be turned off by shaking TIPPY-FI with a movement of the wrist.
4.1. DIGICOM may not be held liable, not even partially or indirectly, by a user of the TIPPY-FI device or other third-party – for any reason, cause or motive whatsoever – for loss, damage, event and/or negative effect, regardless of its nature and/or extent, incurred by natural or legal persons or to any movable, immovable or registered movable property resulting from the use (including incorrect, improper, indirect, or totally and/or partially deficient use) of the TIPPY-FI device, or resulting from malfunction, failed update (even partial), and/or errors of any nature and extent of the TIPPY-FI device. Likewise, DIGICOM may not be held liable by the user of the TIPPY-FI device or any third party for delays of any type or nature or for non-compliance with the obligations and provisions contained in and regulated by these GTCs.
4.2. DIGICOM would like to make it clear that the TIPPY-FI device cannot be considered a security system, not even potentially or partially.
4.3. The user of the TIPPY-FI device hereby agrees to expressly and fully (and, thus, without reservations of any kind) indemnify DIGICOM against responsibilities of any nature or extent resulting, even indirectly, from any action (in or out of court) having the use of the TIPPY-FI device as the subject matter.
5.1. Users of the TIPPY-FI device and any third party are prohibited from undertaking any reproduction, duplication, and/or copy of any content herein or made available in the mobile app for the TIPPY-FI device, and/or related to the TIPPY-FI device.
5.2. All rights not expressly granted through these GTCs remain with DIGICOM, which is the exclusive owner of any copyright and intellectual property right to TIPPY-FI and the related mobile app.
6.1. If the buyer of the TIPPY-FI device is a consumer pursuant to article 3, paragraph 1, letter a) of the Consumer Code, Digicom provides a warranty in accordance with the provisions of article 130 of the Consumer Code; the warranty can be exercised within the time frame set out in the Consumer Code’s subsequent article 132. Contrastingly, if the buyer of the TIPPY-FI device is a professional pursuant to article 3, paragraph 1, letter c) of the Consumer Code, Digicom provides a warranty in accordance with the provisions of article 1490 of the Italian Civil Code; the warranty can be exercised within the time frame set out in the Civil Code’s subsequent article 1495.
7.1. DIGICOM hereby declares that these GTCs are regulated under the applicable laws in force in Italy on the subject.
7.2. In case of dispute regarding the application and interpretation, even partial, of these GTCs, the court in the place where the claimant resides or is domiciled shall have jurisdiction if the conditions set out in article 66 bis of the Consumer Code apply; if conditions other than as set out in the aforementioned article 66 bis of the Consumer Code apply, the Court of Milan will have exclusive jurisdiction over the dispute.