General Logistics Systems Italy S.p.A. (as defined below in paragraph 1, hereinafter "GLS Italy") offers to users (as defined below in paragraph 2, the "Users") its services (as described below in paragraph 4, the "Services") through this application, provided by GLS Italy and made available through the Google Play platform available on Android operating systems or through the App Store platform available on iOS operating systems ("the App").
In order to use the App on your mobile device (the "Device") and use the Services, the User must have read and accepted the present terms and conditions (hereinafter "Terms and Conditions"), as amended from time to time, as well as the Privacy Policy of GLS Italy, available at the following link https://gls-group.com/IT/it/privacy-policy. The User declares that accepts these Terms and Conditions and that has read and understood the Privacy Policy by ticking the appropriate boxes the first time accesses the App.
The User can access, save and print these Terms and Conditions at any time from the 'Terms and Conditions' section of the App.
To use the App, it is necessary to have a Device compatible with Internet access and equipped with the minimum system requirements necessary to support the Services. Android smartphones with operating system version 4.0 and higher are supported. Internet access is required to use the Services through the App; any Internet access fees and arrangements (including, e.g., restrictions on access to certain content) depend on the User's Internet service provider. These Terms and Conditions are drafted in the Italian language. Any translation of the same into a language other than Italian constitutes a mere courtesy translation and, in the event of differences or disparities, only the Italian language version of the text shall prevail.
Services are provided by:
General Logistics Systems Italy S.p.A., with registered office in Via Basento, 19 - 20098 San Giuliano Milanese (MI) - Italy - Tax code and registration number with the Register of Companies of Milan no. 02321010247 - R.E.A. 1425158 - VAT no. 12144660151 - Share capital: € 633.984,00(i.v.) - Single shareholder company, subject to the management and coordination of General Logistics Systems BV. For any information and/or complaints regarding the App and/or the Services, please contact GLS Italy through the following contacts: customerservice@gls-italy.com, 800 184726.
The users who use the App to make use of the Services are as follows:
"Visitor User": means a
user
who accesses and uses the App and Services without having registered with an App profile.
"Basic User": means the user who accesses and uses the App and has registered with an App profile, but without having also created and associated a personal profile on the GLS Italy website (https://www.gls-italy.com).
"Occasional User": means a user who accesses and uses the App and in addition has registered with an App profile and has associated with it the information from his/her web profile previously created on the GLS Italy website (https://www.gls-italy.com).
"Subscriber User": means the occasional user who has signed a subscription contract with GLS Italy.
The Visitor User, Basic User, Occasional User and Subscriber User are collectively referred to as "Users" or, individually, "User".
Unless otherwise specified, any and all intellectual and/or industrial property rights including, without limitation, registered and de facto trademarks (including the "GLS" trademarks), other distinctive signs, patents for invention, utility models, designs, copyrights and related rights, database rights (including the Shipping Data database, as defined below in Section 4.1), secret information, know-how, and any other intellectual property right provided for by applicable law relating to the App, the Services and the Shipping Data (hereinafter, collectively, the "Intellectual Property") is and shall remain the exclusive property of GLS Italy and/or the other companies of GLS Group. GLS Italy grants the User a non-exclusive, worldwide, non-transferable and non-sublicensable license to use the Intellectual Property to the extent that it is strictly necessary for the User to use the App and to benefit the Services provided by GLS Italy for personal and non-commercial purposes. Except as expressly provided in this paragraph, GLS Italy does not grant User any right in the Intellectual Property. In particular and among others, to the maximum extent permitted by applicable law, User may not reproduce, copy, modify, communicate to a present or distant audience, distribute, translate (including into other programming languages), adapt, transform, loan or rent, modify, decompile, disassemble, reverse engineer and/or create derivative works of the App.
The Services available to App Users are as follows:
As part of the Services, GLS Italy offers Users a tracking service for shipments handled by GLS Italy, which allows Users to access up-to-date information on the geographical location of GLS Italy branches (and/or of its franchisees and/or of GLS's own shops or partners) and on the status of a shipment (the "Shipping Data"). To access the tracking service and view the Shipment Data, the User shall use the tracking number of the shipment provided by GLS Italy. The User acknowledges and accepts that the Shipment Data do not represent the real time location of the shipment, but only an updated record of the shipment detected by GLS Italy's information systems at the single sorting locations.
As part of the Services, GLS Italy offers Users a service to calculate delivery times between two locations specified by the user. These times are to be considered indicative and subject to possible variations, the responsibility for which cannot be ascribed to GLS and/or parties belonging to the group (e.g. strikes, line delays due to road interruptions, incidents, etc.).
As part of the Services, GLS Italy offers Users a location search service for GLS branches and GLS Italy's own or partners' shops, which allows Users to access up-to-date information on the geographical location of GLS Italy's branches (and/or of its franchisees and/or of GLS Italy's own or partners' shops) and relevant contacts.
As part of the Services, GLS Italy offers Users a delivery customisation service (if provided for in the contract of the sender/customer of GLS). This service is offered following receipt of an email notification informing the consignee of the possibility of modifying certain delivery methods (e.g. indicating a new date, a different delivery place or the choice of a pick-up point)
The following services are also made available to Occasional Users and Subscribers:
As part of the Services, GLS Italy offers Occasional Users and Subscribers the possibility of booking a pick-up service and providing arrangements for its operational management. GLS Italy is not responsible for the management of the collection booked through this service, as its operational execution is the responsibility of GLS Italy's franchisee.
The following services are reserved for Subscribers Users only:
As part of the Services, GLS Italy offers Subscribers Users the possibility of viewing the same shipments and pick-ups associated with their web profile.
Within the scope of the Services, GLS Italy offers Subscribers Users the possibility of planning for the release of their shipments whose delivery at the recipient's premises has been unsuccessful.
The contents contained in the App, including the Services and Shipping Data, are provided by GLS Italy "as is" and GLS Italy makes no representations or warranties, and disclaims any liability, with respect to the contents, updating, correctness and/or reliability of the same and/or the non-infringement by the same of third parties' intellectual or industrial property rights.
The App may contain advertising material of third parties other than the GLS Group and/or links or hypertext links, also displayed through advertising banners, to Internet pages other than https://www.gls-italy.com or in any case not managed by companies of the GLS Group (hereinafter, the "Third Party Content"). It is understood that GLS Italy has no control over such Third-Party Content and is not responsible for its availability, correctness, lawfulness and/or quality, nor is GLS Italy responsible for the content and/or accessibility of Third-Party Content, nor for any links contained therein. By using the App and, in particular, by accessing Third Party Con- tent, the User may access services provided by parties other than GLS Italy, and not connected or affiliated in any way with GLS Italy and/or the GLS Group, and which may include paid services. The Users are responsible for reviewing the terms and conditions applicable to such services provided by third parties, especially at the moment of registering for such services.
Except for the sole cases of GLS Italy's wilful misconduct or gross negligence, as well as any other case in which GLS Italy's liability cannot be disclaimed and/or redu- ced under applicable law (including consumer protection laws), GLS Italy declines any liability: for any damage, pecuniary or non-pecuniary, caused by anyone, however caused and/or deriving from the App and/or the Services; for any damage deriving from delays, anomalies, errors and/or interruptions of the Services caused by the technical unsuitability of the Devices and/or by the fact or fault of the providers of connectivity services and/or access to the Internet, or by the managers of the virtual marketplaces on which the Apps are made available and for any damages or altera- tions to the User's Device that may be caused, directly or indirectly, by the installation and/or use of the App and/or the Services.
These Terms and Conditions are subject to Italian law. All the rights, faculties and/or remedies granted to the User by express and mandatory provisions of law (including consumer protection laws) are expressly excluded. Without prejudice to the provisions of law protecting the consumer, where applicable, any and all disputes arising out of and/or in connection with the use of the App and/or the Services shall be submitted to the exclusive jurisdiction of the Court of Milan.
GLS Italy informs the User that a European platform for online resolution of consumer disputes (the "ODR Platform") has been established. The ODR Platform can be consulted at http://ec.europa.eu- /consumers/odr/. Through the ODR Platform, the User may consult the list of ADR entities, find the link to the website of each of them and initiate an online dispute resolution procedure for the dispute in which he/she is involved.
The App is in continuous and constant evolution. In order to improve the App and/or the Services, GLS Italy reserves the right to modify at any time these Terms and Conditions and/or the Services (hereinafter, the " Amendments") for legitimate operational reasons (e.g. to meet technical or secu- rity requirements) or to comply with the law, and to publish the Amendments in the App upon first use after the adoption of the Amendments. In any case, the Amendments will not entail any addi- tional costs for the User. The Amendments shall apply, unless expressly provided for, from the date of their publication. Should such Amendments negatively affect the use of or access to the App by User, the scope of the Amendments, their effective date and the rights enforceable by User as a result of the Amendments shall be duly notified to User in advance. The User shall be responsible for consulting any notices of Amendments before using the App and/or the Services. In any case the Amendments will not be retroactive; the User who continues to use the App and/or the Services after the publication of the notice concerning the Amendments accepts without reservation the new Terms and Conditions. The User may terminate the use of the App and Services at any time without prior notice to GLS Italy if do not agree with the Amendments.
8.1 The User have the right to terminate the agreement with GLS Italy relating to these Terms and Conditions without giving any reason and at any time, by deleting the App from your Device or, in case of Basic Users, Occasional Users and Subscribers, by closing the App profile used to obtain the Services, if such option is made available by GSL Italy. For the Subscriber User, the provisions on termination contained in the relevant subscription contract also remain valid.
8.2 GLS Italy may terminate the agreement with the User relating to these Terms and Conditions for cause, i.e. (i) if the User commit a breach of applicable law or of these Terms and Conditions, or (ii) GLS Italy must cease providing the App and/or Services to the Users for technical or legal reasons beyond GLS Italy's control.
Pursuant to Articles 1341 and 1342 of the Civil Code, the User declares that he/she has read, under- stood and expressly accepts the following paragraphs of the Terms and Conditions: 5 (Limitation of Liability), 7 (Changes to the Services and these Terms and Conditions), 8 (Termination and Termina- tion).