ALPINESTARS SPECIAL CONDITIONS FOR SUPPLY OF THE TECH AIR SYSTEM
As the Tech Air system is a new piece of equipment that encompasses an interactive user system with innovative protection to motorcyclists, the system requires that specific procedures be followed.
In light of this, apart from the actual sales transaction to our customer, you will be required to provide additional support and services to the customer in order to help them make the most of their Tech Air system.
Please note the following steps which need to be followed:
1. TECH AIR DATA PORTAL - on purchase of the Tech Air system
This is an internet based database that allows the ownership and servicing of Tech Air systems to be recorded on the data portal.
You must use the Data Portal for any of the below instances:
- Register ownership of new products
- Transfer ownership of second hand products sold to new owners
- Arrange servicing or warranty returns
- Return products at the end of their life.
Even if the Tech Air system was not purchased from you, you must guarantee all of the above services to any customer who owns a Tech Air system.
2. ACCESS TO THE TECH AIR DATA PORTAL
You will be supplied one or more sets of Dealer or (where applicable) Shipping login credentials for the Tech Air Data Portal (the Data Portal). These are for your sole use and you must not transfer these credential to any other person or entity outside of your employees that will operate the Data Portal.
As with any other credential login, the info should be kept confidential and safeguarded from any unauthorized use.
Any Alpinestars dealer with a login on the Data Portal will automatically be listed and visible to final customers searching for authorized Alpinestars dealers of the Tech Air system. Accordingly please ensure that all your account details are correct when you first login. If your details are not correct, please contact your Alpinestars Product Support. Note that non Alpinestars dealers (OEM, etc..) will not be visible.
Should your login credentials be leaked or used by third parties, Alpinestars will immediately suspend your account until you have created new credentials for yourself. If you suspect that your login credentials have been misappropriated please call your Alpinestars Product Support contact immediately.
Alpinestars reserves the right to suspend any activities connected with the Tech Air System (inclusive of the sale) should we suspect that you are responsible for the incorrect usage of your logon-in credential and/or misappropriation or misuse of any data contained in the Data Portal
3. PC DIAGNOSTIC SOFTWARE
Access to the Data Portal will also permit the download of the Tech Air Connect Dealer software, which runs only on Windows compatible computers. Alpinestars will grant each dealer (subject to you having a physical premises) a single license for the Tech Air Connect Dealer software. This software is for your exclusive use as the named dealer and the software may not be copied and/or transferred, in whole or in part, to any third parties.
Alpinestars reserves the right to suspend any activities connected with the Tech Air System (inclusive of the sale) should we suspect that you are responsible for the incorrect usage of the Tech Air Connect Dealer software and/or misappropriation or transmission of or misuse of any part of such software.
We remind you that:
- You must treat all proprietary, commercial and technical details coming into your knowledge through the Tech Air system and or the performance of any service through the Data Portal including but not limited to the system, the manner of entry, and the actual data, as confidential info and proprietary or trade secrets belong to Alpinestars. Accordingly you and/or your employees undertake not to disclose any such details to third parties. This obligation shall survive any expiry or termination of this agreement
- You undertakes to ensure that your staff and or other persons comply with the above confidentiality requirements, and shall take reasonable steps to enforce such compliance.
- Any information that you obtain during the implementation of or data logging onto the Data Portal, is limited for the sole use of the Tech Air system and for Alpinestars exclusive use only. You may not deal with any such information other than as authorized by Alpinestars and for the use indicated above.
- You acknowledge that you have not rights to develop, market or distribute the info gathered on the Data Portal or Tech Air Connect Dealer software.
- The info contained on the Data Portal or Tech Air Connect Dealer software may not be disclosed and/or copied and/or transferred and/or used, in part or in whole, for any other purpose example advertising purposes. As such you may not publically disclose any information.
- Choice of law and jurisdiction: This Agreement, and any dispute arising there from, shall be governed by Italian law and the competent court of jurisdiction shall be the court of Treviso, Italy.
- This is the entire agreement between us regards the subject matter and no modification shall be made to this document unless reduced in writing and signed by both parties