Legal Notice
- Introduction
SEAT CUPRA, S.A.U. (hereinafter, “SEAT CUPRA”) is a Spanish company, with registered office at Martorell (Barcelona), Autovía A-2, Km. 585, with Spanish Tax Identification Number (N.I.F) A-62.390.653, duly registered in the Commercial Registry of Barcelona, General Volume 43621, folio 205, Page number B-223602 whose contact email is:
customercare@cupraofficial.com
SEAT CUPRA is the holder of all intellectual property rights or any other rights over the web portal “CUPRA OFFICIAL” (hereinafter, “Web Portal” or “Web”).
The present terms of use (hereinafter, “Terms of Use”) regulate the access and use of the Web Portal by users (hereinafter, the “Users”) and shall be complemented with any other legal text that governs any functionality, service, process, application, platform or means necessary for the use of the Web Portal or included in the same.
User acknowledges and voluntarily and expressly accepts that the use of the Web Portal is made under his/her sole and exclusive responsibility at all times.
- Purpose and Scope
The aim of the Web Portal is to promote to Users the goods and services offered by SEAT CUPRA and to provide relevant information on the characteristics of the CUPRA cars.
For the use of the functionalities offered by the Web Portal, a login or registration is required. To log in, the Users need a user account. If the Users already have it, they may log in with their access data. If not, the Users must register new users in the Web Portal.
In this regard, SEAT CUPRA grants to the Users a non-exclusive, non-sub-licensable, non-transferable license for the use the Web Portal, functionalities, content and other features available in such Web Portal, which will be subject to the rest of the terms set forth in the present Terms of Use, as well as to any other terms of use and applicable legislation.
- Intellectual and Industrial Property
All rights of Intellectual and Industrial Property of the Web Portal (including but not limited to all information, data, databases, texts, graphics, designs, pictures, sounds, animations, videos, software, logos, trademarks, industrial designs, know-how, industrial or commercial secrets and other contents) are the exclusive property of SEAT CUPRA and /or its licensors. Therefore, it is prohibited the use, reproduction, transmission, dissemination, disclosure, public communication, processing, distribution, transformation or exploitation of them by the User, in any way, except as part of the service that includes the Web Portal and private purposes only.
When using the Web Portal, the User may not decompile, disassemble or reverse engineer it. Likewise, the User shall refrain from deleting, altering, evading or manipulating any protection device or security system that may be installed in the Web Portal.
The User acknowledges and agrees that the use of the Web Portal does not suppose the transmission of any intellectual or industrial property rights, such as copyrights, trademarks, designs or other rights on the Web Portal, nor constitutes authorization for the creation of developments arising from the Web Portal except of the limited license to use the Web Portal under the terms herein.
Users grant SEAT CUPRA a non-exclusive, not limited, transferable and sub-licensable right of use over the non-personal data, especially technical data and data which the personal reference was erase (anonymized data) and over any content, ideas, suggestions, material and information included by the User in the Web Portal, for the maximum term permitted by law and for its use in the broadest terms by SEAT CUPRA.
- Modifications to the terms of use and scope of services of the Web Portal
SEAT CUPRA is entitled to amend or update the present Terms of Use at any time. The User will be explicitly informed, within a reasonable period of time, about any change regarding the Terms of Use of the Web Portal. In this sense it is advised to use the latest updated version of the Web Portal where you will find the updated version of these Terms of Use. SEAT CUPRA reserves the right to extend, reduce or amend the Web Portal services by means of updates.
For the Web Portal’s use, the user must explicitly accept the conditions of use in force in each moment and which will be presented in the Web Portal’s screen each time.
Furthermore, SEAT CUPRA reserves the right to modify, expand or reduce the scope of services comprising the Web Portal, or to change its functions at any time. This is due, in particular, to the fast evolution of new technologies which directs SEAT CUPRA to perform regular adjustments in technical contents of the Web Portal.
The use of the Web Portal and also the access to offered services are free, for personal and noncommercial use, except for additional features. However, the services offered through the Web Portal could involve data consumption. SEAT CUPRA is not responsible for the costs of communication, transmission of data or Internet connection incurred by the User. Consult your operator for more information.
- Misuse
The User agrees not to misuse the Web Portal, and not to use or distribute information through the same to:
- Carry out activities against the law, the present Terms of Use, morality, good customs and established public order, or for illegal purposes, prohibited or aiming at violating the rights and interests of SEAT CUPRA or third parties. In particular copyrights, registered names or trademarks, as well as privacy rights.
- Use the Web Portal or a part of it in other private or commercial websites and make commercial use of the Web Portal; nor to establish hyperlinks to the Web Portal or any of its contents (unless expressly authorized in writing by SEAT CUPRA).
- Alter, copy, modify, decompile, disassemble, do reverse engineering, grant licenses, lease, sell or imitate the Web Portal or its contents, in accordance with provisions of clause 3 of the present Terms of Use.
- Pass on virus or other harmful component that may affect, impairs or damage the Web Portal or any connected network or which may interfere with the use and enjoyment of the Web Portal by other users.
- Disclose, extract, reuse, resend or in any way use, totally or partially, in any medium or support of any of the parts of the Web Platform belonging to SEAT CUPRA without the prior and express consent of the company.
SEAT CUPRA is entitled to block access to certain Web Portal’s services to any User in case the User violates these Terms of Use, third party rights or applicable law and, in particular, the commitments under this clause. SEAT CUPRA shall retain all other additional rights which may correspond against the User, in particular concerning the initiation of criminal or civil proceedings.
- Notification of potential violations
SEAT CUPRA respects third parties rights and the applicable law. The User of this Web Portal is bound to do the same.
If any User detects an offensive use of the Web Portal and/or for unlawful purposes, User shall notify SEAT CUPRA by sending an email to customercare@cupraofficial.com immediately.
- Service and Warranty Exclusion
SEAT CUPRA will make every effort to ensure the proper operation of the Web Portal. However, SEAT CUPRA cannot ensure that there will be no interruptions of the service when performing repairs and/or maintenance works on the Web Portal, or lack of coverage or errors in the equipment’s and/or in the necessary network for the data transmission, which are outside its control. SEAT CUPRA will take the appropriate measures to reduce said interruptions.
Although SEAT CUPRA makes its best efforts so that the information contained in the Web Portal is updated and accurate, such information has to be considered only as indicative and therefore, its sole purpose is to represent a guiding element in order to provide general data, but not detailed or specific information about products and services appearing in the mentioned website. In this respect, said information can be subject to the changes and should not be understood as representing a firm offer, promotion or marketing of products or services related to SEAT CUPRA.
- Responsibilities
The User makes use of the Web Portal at its own risk. To be able to use the Web Portal prior registration and acceptance of the Terms of Use by the User is required. By accessing to the Web Portal the User is obliged to use it pursuant to the Law, and shall be liable before SEAT CUPRA and/or third parties for any damage resulting from any breach of said obligation. In this sense, SEAT CUPRA is not responsible for any damage or alteration to the User's equipment resulting from the use of the Web Portal.
In any case, the User shall be fully responsible for the data and content transmitted or communicated to SEAT CUPRA. SEAT CUPRA does not control or monitor any of such content, unless otherwise stated by a competent court or an administrative decision. SEAT CUPRA reserves the right to remove or prevent the display of said content until proven the ownership of the material in question, or the legality of it.
SEAT CUPRA accepts its share of responsibility pursuant to the current legislation, in particular, as for liability for willful misconduct or gross negligence in connection with the operation of the Web Portal and for guarantees expressly granted by it.
SEAT CUPRA is not responsible for any possible security errors that may occur or for any damage caused to the User’s device (hardware and software) and/or to the files or documents stored therein as a result of the presence of virus in the User's device used to log in services and contents of the Web Portal, for any failure of the Internet connection, telephone breakdowns, interference, omissions, or disconnections in the operation of the Web Portal caused by factors beyond SEAT CUPRA's control.
This Web Portal may contain links to other web sites (including social networks) and incorporate information and/or services obtained from third parties, in order to facilitate to the User access to information from corporate partners or sponsors. SEAT CUPRA has no control over them and is not responsible for its content, its operation or transmission received from such third parties. SEAT CUPRA offers the Users such links and information and/or services solely for the convenience of the Users, remaining on them the responsibility to read and accept the terms of use and privacy policy posted on web sites linked. Under no circumstances, will personal data be exchanged with such external websites.
Furthermore, SEAT CUPRA cannot control the information, content, products or services provided by third parties that have established links to the Web Portal. Consequently, SEAT CUPRA does not accept any liability that may arise from the use by the User of any third party functionalities, technologies, services or platforms. In this regard, the User undertakes to keep SEAT CUPRA harmless from any liability or payment of any damages as a consequence of any infringement or incident related to its Use of such third party functionalities, technologies, services or platforms, despite being available through the Web Portal.
SEAT CUPRA does not control, in general, the use of the Web Portal by the Users. In particular, SEAT CUPRA does not grant that the Web Portal use by the Users is according to the law, to the present Terms of Use, moral, public order, and general accepted good customs, nor they use with diligently and prudently. As a result, SEAT CUPRA would not be responsible for the Users’ use of the Web Portal content that may imply a violation of a national or international law, or intellectual property rights or any other third party right.
- Data protection
SEAT CUPRA shall protect the Users personal data and shall use it only insofar as this is permitted by law or provided that Users have given their consent. Users can find further information on this matter in the Privacy Policy.
- Cookies policy and similar technologies
Users can find more information on this subject in the Cookies Policy.
- Severability
The illegality, invalidity or nullity of any of the clauses of this Terms of Use will not affect the validity of its other clauses, provided the rights and obligations of the Parties under the Agreement are not affected in an essential manner. Essential is understood as any situation that seriously damages the interests of any of the parties, or affects the purpose of this Terms of Use. Such clauses are to be replaced or included in other clauses that, in accordance with law, serve the same purpose as the substituted clause.
- Applicable Law, Competent jurisdictional courts
a. The present Terms of Use are governed by the Spanish common law; If the User has the status of a consumer, these Terms of Use will also be subject to any applicable local legislation.
b. All disputes or claims related to this Terms of Use shall be subject to the jurisdiction of the Courts and tribunals of the city of Barcelona (Spain), and in the case of a User acting in his capacity as a consumer, to the court of domicile that corresponds to the User / consumer.
c. The User, in case of acting as a consumer, may also submit any dispute arising from or related to these Conditions of Use to an alternative dispute resolution procedure ("ADR"). The list of ADR platforms available from the European Commission can be found at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.
- Technical requirements
We would like to explain which functional modules are needed to use the Web Platform and what the Users get from these.
(i) Browser
Browsers are programs used to view (or "browse") Internet pages. Browsers interpret the Internet page markup language HTML and display it on the computer as a website. Besides displaying text, modern browsers can also display graphics, video clips and other data formats, sometimes with the aid of plug-ins, add-ons or viewers. The browsers currently supported are Internet Explorer (from version 11), Microsoft Edge, Mozilla Firefox (from version 60) and Google Chrome (from version 67).
(ii) Browser settings
We recommend the following browser settings to best view the Web Platform, e.g. Internet Explorer:
When using the Internet Explorer browser, please click as follows: The "Extras" cog wheel in the top right, then "Internet options" and the "Advanced" tab. Under "Multimedia" in the bottom third, tick "Show pictures".
(iii) Recommended plug-ins
We recommend the following plug-in when using the Web Platform:
Acrobat Reader: Acrobat Reader enables the user to view and print out such things as brochures and tables in Portable Document Format (PDF).
(iv) Other requirements:
DSL Internet connection (at least 512k)
Java and JavaScript
Screen resolution: min. 1024 x 768
© SEAT CUPRA, S.A.U. 2018. Total or partial reproduction is forbidden. All rights are reserved.
