TERMS AND CONDITIONS OF USE

Conditions of Use

These Conditions of Use apply to the utilisation of ATM-branded sites, applications or services which are owned or controlled by ATM, the parent company of the ATM Group, with registered office in Foro Buonaparte 61, Milan - Italy, or by its affiliates and subsidiaries. These Conditions of Use contain the following terms and conditions in addition to those set forth in the Privacy Policy (and any amendments thereto).

Access and navigation by individual users are free of charge and are subject to acceptance of these Conditions of Use.

Surcharges: the User is responsible for paying of any charges due to their use of the ATM website or application, including any surcharges imposed by their network operator or roaming charges. For further details, contact your network operator.

Third-party applications, services or sites: The ATM website or application may link or connect to features of third party apps, services or sites that are not owned or controlled by ATM Group (collectively, "Third-Party Services"). Such Third-Party Services are subject to the terms and conditions of the corresponding third-party provider:

Google Mapshttps://policies.google.com/privacy?hl=it&gl=ZZ
Maphttps://mapp.com/it/privacy/
https://mapp.com/it/acceptable-use-policy/
Worldlinehttps://worldline.com/it-it/compliancy/privacy.html
https://worldline.com/it-it/compliancy/terms-of-use.html
PayPalhttps://www.paypal.com/myaccount/privacy/privacyhub
https://www.paypal.com/it/webapps/mpp/ua/buyer-protection
Satispayhttps://www.satispay.com/it-it/privacy/
https://www.satispay.com/it-it/legal/


ATM has no control over them and is not responsible for matters relating to any interactions or transactions you may have with such third parties or related to the content, information posted, applications, services, sites, advertisements, links, privacy policies and/or practices of such third parties that you have accessed through the ATM website or application.

The User is solely responsible for reviewing the privacy policies and terms of service and use of third party sites that they visit before downloading or using such Third Party Services.

The User does not acquire any rights in relation to the use of the software on the ATM website or application, except for the personal use necessary to enjoy the services therein and only for the time necessary to use them. Therefore, the User may not: (1) grant rights of use; (2) assign or transfer licences in relation to such software. The User agrees not to decompile, disassemble, reverse engineer or in any other way attempt to access the source code of the ATM site or application. The copying, whether in whole or in part, of the ATM website or application is prohibited. It is also prohibited to make any commercial use of them or to rent, lease, lend, sell, publish, license or sublicense, distribute, assign or transfer in any way parts of the application to third parties. ATM reserves the right to monitor and report the User's activity in connection with the ATM website or application to its outsourced statistical service providers.

Protection of the User's personal data: We are committed to helping our Users implement all necessary measures to protect their privacy and data. Accordingly, we encourage Users to read the Privacy Policy, which they accept by downloading the application on the Playstore or App Store (Privacy Policy), to understand what kind of information we collect from the use of ATM website or application and the specific measures we have implemented to protect their personal data.

ATM reserves the right to modify these Conditions of Use at any time without notice and without any liability towards the User. Continued use of the ATM application or website by the User following any modifications to these Conditions shall constitute the User's acceptance of such changes. If the User does not accept and/or does not comply with these Conditions of Use, they may not use the ATM website or application or any related software.

The use of the ATM website or application is at the sole risk of the User. All ATM Group services are provided "as is" and "as available" on the ATM website and application. The services may be temporarily inaccessible or otherwise contain errors or experience delays. ATM makes no commitment with respect to the quality of ATM website and application services. In particular, ATM provides no warranties and disclaims all liability for the availability, timeliness, security, reliability and quality of the ATM site and application, for any software linked to or utilised in conjunction with them, or for any applications or other products, services or information obtained through the ATM site or app. ATM shall also not be liable in any way for the suspension, interruption, modification, deletion or inability to transmit any content or other information stored or transmitted by the ATM website or application.

ATM reserves the right to restrict or terminate the User's access to or discontinue the ATM website or application at its sole discretion. Under no circumstances shall the User have any rights to use the ATM website or application.

The User agrees and acknowledges that ATM owns rights, title, and interests in connection with the ATM website and application and the related software. The User agrees not to alter, destroy, obscure or otherwise remove any trademark or proprietary rights protected by copyright with respect to the ATM website or application.

Website usage: ATM allows the User to use the website exclusively for personal and non-commercial use. The User is also authorized to download, install, and use the ATM application on their mobile phone in order to access the services offered in accordance with these Terms and Conditions.

Intellectual Property: Access to the ATM website and application does not grant the User any intellectual property rights in relation to the same, but only a right to use them in accordance with these Terms and Conditions. The contents of the Site, such as, but not limited to, the works, images, photographs, dialogues, music, sounds, videos, texts, articles, newsletters, and any other material in any format, including, but not limited to, menus, web pages, graphics colours, diagrams, tools, fonts, design, diagrams, layouts, methods, processes, functions and software (individually and/or collectively "Content") and related distinctive signs and/or logos are the exclusive property of ATM or otherwise exclusively available to ATM. The User undertakes not to use the ATM website and application in violation of copyright law or other intellectual or industrial property rights. In particular, the User may not, under any circumstances, reproduce, represent, modify, transmit, publish, adapt by any means and in any way, or use under any circumstances, all or part of the ATM website and application without ATM's prior written consent. Any unauthorised use, in whatever manner, of all or part of the site and of the ATM application in violation of such limitations, or otherwise contrary to legal provisions, is unlawful and will be subject to appropriate legal action in the competent courts. The use of any software or automated systems aimed at extracting information from the site or from the ATM application (including scraping and direct API access) is prohibited without the prior written consent of ATM.

The User accepts that ATM has the right to regularly monitor and electronically record their activity while using the site or the ATM application and to disclose and/or provide any information in its possession that may be necessary to comply with any law, regulation or other request made by Authorities, such as the Postal and Communications Police Service, Judicial Authority and Judicial Police, possibly as a result of warrants and/or investigations in any case related to the use of ATM website or application.

The User shall be liable for any violation of these Conditions of Use and undertakes to substantially and procedurally exonerate ATM and to indemnify it from any claims, including those of third parties on any grounds or causes, arising from the violation of these Conditions of Use and/or the violation of laws or regulations or administrative provisions.

ATM has the right to terminate the provision of services without notice, without obligation to provide reasons and without any compensation if – in the judgment of ATM – the User has violated in whole or in part one or more of the obligations listed in these Conditions of Use.

Refund Requests

Refund requests must be made by the User through the customer care channels (e.g. website, ATM Point, Customer Relations, etc.).

ATM will reject any refund requests (i.e. cancellation) of a purchased ticket if: (i) the User has filed repeated requests for refunds within a short period of time; (ii) the User is in breach of their obligations under these General Terms and Conditions; (iii) there is a reasonable suspicion that the User is using the service fraudulently or that the User's account is being used fraudulently by third parties. In this last case, ATM reserves the right to report such conduct to the Competent Authorities.

Use of the Service/Payment of Parking via ATM

Through the use of its application, ATM makes available to the User the payment of and access to parking in all areas managed by the ATM Group (hereinafter referred to as the "Service"). The User undertakes to comply with and adhere to the regulations and rules applicable within each regulated parking zone and at park-and-ride facilities.

To activate parking, the User must select a valid area code and choose the vehicle for which the Service is intended. It is the User's responsibility to correctly select the area code, corresponding to the specific parking area, and the vehicle's registration number. Should the User allow the Smartphone to suggest a parking area code, the User is obliged to ensure that the suggested area code matches the one declared by the sign on the corresponding parking meter.

It is always the User's responsibility to verify the correct activation of the Service, by checking the active parking confirmation screen, available in the application. ATM declines all responsibility for errors and/or non-compliance in data entry.

The amount of the fee due for parking will be calculated at the time of activation, also considering any costs for accessory services.

It is understood that the fee actually owed by the User shall only be determined once the parking period has ended, based on the actual duration of the parking period. In the absence of any manual termination by the User, the parking period shall be deemed concluded in accordance with the User's prior indication at the time of activation or in the event of an extension of the duration.

In the event of temporary unavailability of payment/booking services on the website or on the ATM application, it remains the obligation of the User to make the payment/booking using other tools or methods.

The User understands and accepts that ATM shall not be held liable in any way for any infringements, fines, penalties or any other damage suffered by the User in relation to the incorrect or undue use of the Service (e.g. parking in unsuitable areas or without identification signs).

The User acknowledges and accepts that ATM shall in no way be held liable for any direct and/or indirect damage, whatever the nature and cause thereof, arising from the Service and undertakes to indemnify and hold ATM harmless from any claims in this regard.
Consequently, the User assumes the obligation to compensate for any and all damage suffered by ATM and/or third parties in relation to the Service and/or due to any interruptions, malfunctions, errors and/or omissions, committed directly and/or indirectly, related to the management of the Service.

In particular, the User will be fully responsible towards ATM, as well as any third party, for the breach of the obligations listed in these Terms of Use.

Furthermore, the User undertakes to indemnify and hold ATM harmless from any liability action that may be initiated against it and from any and all economically detrimental consequences that may arise from the occurrence of damage dependent on or connected with the Service, as well as from any claim for damages, of any nature and by any party, in any venue and for any reason, including any legal expenses that may be incurred, due to the Service.

In particular, the management and settlement of any disputes between the User and the competent police authorities in relation to parking tickets (involving the issuance of an administrative sanction) will take place directly between the User and the competent authorities, with the exclusion of any involvement of ATM, which may only be contacted for the purpose of communicating any information in its possession, where the communication of such information is permitted by law.

Service Fees
Registration on the ATM website and app is free of charge. The User has access to optional paid services. For example, charges may be applied for notification of parking start/end via SMS or costs for concurrent payment of parking by credit card.

The responsibility for enabling such additional services lies with the User, upon acceptance, before the activation of each service or the making of the related charges. For the activation of such services, the User may use the ATM app.

The description of the additional services and their costs is listed on the website www.ATM.it.

ATM reserves the right to change the fees for additional services at any time. If the User does not wish to accept the change, they may deactivate their account in accordance with these Terms and Conditions.

Purchasing Travel Tickets Through ATM

Through the use of its app, ATM offers the User the possibility to pay for and use public transport services in Milan and neighbouring municipalities where the service is entrusted to ATM.

It is the User's responsibility to identify the correct travel ticket to purchase.
ATM therefore declines all responsibility for the purchase of incorrect tickets.
The fee will be charged concurrently with the purchase of the travel ticket.

The User commits to comply with and adhere to the provisions and regulations applicable within the services provided by ATM.

Should the User be unable to access one of the payment services made available by ATM, it remains the User's obligation to pay by other means and to acquire a suitable ticket. This obligation remains with the User, even if their smartphone does not work, has a low battery or the inefficiency is attributable to their telephone operator.

The User acknowledges and accepts that ATM shall in no way be liable for any infringements, fines, penalties or any other damage incurred by the same in relation to the non-payment of the service in any event other than those mentioned above.

It is always the User's responsibility to check that the ticket has been purchased correctly, by viewing the appropriate screen in the app upon completion of the process.

It is also the User’s responsibility to ensure that the credit card registered for the use of the Service is valid, not blocked, and that the related payment is successful.

In cases where a charge to said credit card is not permitted, ATM shall have the right to demand payment for the services used directly from the User, in addition to any penalties and fines.

The User acknowledges and accepts that ATM is in no way responsible for any damage, direct and/or indirect, whatever its nature and cause, arising from the Service and undertakes to indemnify and hold ATM harmless from any claims in this regard.

Consequently, the User assumes the obligation to compensate for any and all damage suffered by ATM and/or third parties in relation to the Service and/or due to any interruptions, malfunctions, errors and/or omissions, committed directly and/or indirectly, related to the management of the Service.

In particular, the User will be fully responsible towards ATM, as well as any third party, for the breach of the obligations listed in these Terms of Use.

Furthermore, the User undertakes to indemnify and hold ATM harmless from any liability action that may be initiated against it and from any and all economically detrimental consequences that may arise from the occurrence of damage dependent on or connected with the Service, as well as from any claim for damages, of any nature and by anyone advanced, in any venue and for any reason, including any legal expenses that may be incurred, due to the Service.

Service Fees
Registration on the ATM website and app by the User is free of charge.

Conditions for the Use of Travel Tickets
The conditions for the use of the travel tickets are established by ATM, which provides the service: the User commits to comply with and abide by the applicable provisions and regulations.

Responsibility for Personal Password and Unauthorised Use of the Service
The password is personal. The User undertakes not to disclose to anyone the password used to access the ATM application (hereinafter "App"), not to write down the password in such a way that others can gain an understanding of its use, and not to keep notes of the password in a way that allows others access to the App. The User is responsible for all operations carried out using their password, and therefore must immediately inform the ATM Customer Service if they have reason to believe that third parties have gained access to their account or have acquired knowledge of their password.

The User also undertakes to immediately notify ATM Customer Service if they believe that their account has been used by an unauthorised person or in an unauthorised manner.

ATM cannot be held responsible in any way for any improper or illegal use of the password by the User or by any third party.

Limitations of Liability

Except in cases of wilful misconduct or gross negligence, ATM shall not liable for:

Applicable Law and Competent Court

These Conditions of Use are subject to Italian legislation.
Any dispute relating to the validity and/or interpretation of these Conditions of Use shall be deferred to the exclusive jurisdiction of the Court of Milan.

Privacy

ATM, with registered office at Foro Buonaparte n. 61, ZIP 20121, Milan (MI) protects the data it comes into possession of in accordance with the European Union Regulation No. 2016/679 of 27 April 2016, known as GDPR, adopted by the European Parliament and the Council, concerning the protection of natural persons with regard to the processing of personal data and the free movement of such data within the European Union (Privacy Policy)