1. Octo Devices (device, back box, box..)
1.1 OCTO Devices are equipment designed and developed for the delivery of telematic services. They consist of a set of electronic hardware components managed by means of on-board software, owned by OCTO, which enables the effective use of the Device’s resources, data collection and secure communication to the OCTO Data Centre.
Specifically, the main components are:
- a GPS or GNSS satellite tracking system: a system that allows geolocation of the vehicle and other information such as direction and speed via one or more constellations of satellites orbiting the Earth;
- a GSM Module for communication from the vehicle to the OCTO Data Centre where data are processed according to contractual provisions;
- an accelerometer for detecting acceleration/deceleration or crash events;
- proprietary software that includes specialised algorithms relating to the monitoring of internal resources, the acquisition of functional data for service delivery, and the detection of events for device diagnostics.
2. What Octo Devices are for
2.1 The Devices, installed and activated on the vehicle, are capable of performing the service of data collection and processing and of providing a variety of services, including but not limited to
Trip statistics, Crash and Minicrash detection, Vehicle tracking after theft report, Request for assistance via GPS button.
In the case of Home Devices, they allow alarms to be managed for events such as flooding, absence/shortage of power supply, critical smoke thresholds, motion alarms or requests for assistance.
Devices may be supplied either with installation/uninstallation performed directly by the Customer (self-installing Device) or may require professional installation/uninstallation depending on the functional characteristics necessary to enable the required services (e.g.: the Device with the theft service enabled requires concealed installation; the service button requires professional installation in the cockpit, etc.).
3. How the Octo Device is Supplied
3.1 The Telematic Device and any other equipment necessary for the use of the services are granted, as stated in the Contract and specified in detail in the General Terms and Conditions (GTC), on gratuitous loan for use. Therefore, ownership of the Telematic Device and any other equipment remains to all intents and purposes with OCTO.
4. What is commodate use
4.1 A commodate is a contract by which one party hands over to the other a movable or immovable thing for use for a specified time or a specified purpose, with the obligation to return the same thing received upon termination of the contract (Art. 1803 of the Civil Code).
4.2 There are two types of commodate use: gratuitous and onerous commodate use.
5. Who are the subjects of the commodate?
5.1 The parties to the commodate contract are:
1) The bailer who is the person who transfers, on gratuitous loan, an asset owned by him (Octo Telematics Italia srl or other companies of the Octo Group); and
2) The bailer who is the one who receives this good to use it for the agreed use and time (Octo’s customers).
6. What does the commodate of use entail?
6.1 In the commodate agreement, whether gratuitous or onerous, very precise obligations arise for the commodatee that can be summarised as follows:
- Return the asset at the end of the contract;
- Guard the property ‘with the diligence of a good family man’ (Art. 1804 of the Civil Code);
- Respond to damages that do not result from normal wear and tear of the property;
- Do not grant a third party enjoyment of the property without the consent of the bailer.
7. Terms and conditions of return
7.1 At Octo we put our customers and transparency in dealing with them first, and that is why throughout the duration of the contract Octo keeps each of its customers up-to-date and informed about each stage of the contract.
7.2 Prior to installation of the Device, our customers receive a welcome sms and/or e-mail with instructions on how to install the Device. Upon termination of the Contract, customers receive a sms and/or e-mail with information on how to uninstall and return the Device received.
7.3 By going to our site, you will also have access to this page where you can find, in a comprehensible and general manner, how the commodate agreement is structured and what the obligations of the parties are.
7.4 Our customers will find, in their personal area, (https://www.octotelematics.com/login/) a copy of the GCP in which the procedures for uninstalling and returning the Device are set out. For any needs or doubts or if any problems should arise Octo provides its customers with the toll-free number 800 746688.
7.5 In summary, uninstallation and return may take place as follows:
- In case of collection and/or installation of the Device at an OCTO contracted Installer: contact the Installer on the phone number received by SMS, make an appointment for disassembly (where applicable) and/or return the Device.
- In the case of a Device delivered to the personal address indicated when the policy was taken out:
- if the return takes place before policy closure, it is necessary to access the OCTO web area through the www.octotelematics.com Login section, using the personal credentials received via SMS from OCTO, access the “Product return” menu item to fill in the required fields, print out the waybill and follow the instructions for delivering the Device correctly packaged at a Post Office or Post Point.
- if the return is after the policy closure, you must contact OCTO Customer Service to request the waybill and receive the relevant instructions.
- If you collect the Device from your Insurance Agency: you must go to the Agency to return the disassembled Device and collect the delivery receipt stamped and signed by the Agency. Alternatively, where provided for in the OCTO service subscription conditions, you must go to an OCTO approved Installer to deliver the disassembled Device.
7.6 Following uninstallation and return, a stamped and signed delivery receipt will be issued, which must be retained.
8. What happens if the customer does not return the Device within the specified time?
8.1 As has also been emphasised above, Octo’s aim is to put its customers first, but it is only fair to point out, once again, that all customers who receive one of our devices on loan for use do not become its owners and, indeed, as borrowers they have the obligations we have set out in point 6 above (return, custody…).
8.2 Customers who do not return the Devices granted to them on loan shall be exposed to the consequences and the penalty stipulated in their General Terms and Conditions of Subscription or GTC (which can be consulted in the web area of each individual customer in the “Documents” section under the link https://www.octotelematics.com/login/) or to
- The payment of the penalty differs according to the technical characteristics of the Device granted on loan;
- The risk of incurring the offence of embezzlement (under Article 646 of the Criminal Code).
8.3 We would like to remind you that if you have any problems or doubts, you can contact us on 0800 746688 (available Monday to Friday 9 a.m. – 1 p.m. / 2.30 p.m. – 6.30 p.m.; Saturday 9 a.m. – 12.30 p.m.) or email us at resodispositivo@octotelematics.com and one of our experts will get in touch with you as soon as possible.
