SEAT CONNECT / CUPRA CONNECT

LEGAL NOTICE & TERMS OF USE

1. Introduction

SEAT, S.A.U. (hereinafter, “SEAT”) is a Spanish company with registered office in Martorell (Barcelona), Autovía A-2, Km. 585, 08760, with Spanish Tax Identification Number (C.I.F.) A-28.049.161, and registered in the Commercial Registry of Barcelona under Volume 23,662, sheet 1, page number B-56855 and with contact e-mail: seatdigitalsupport@seat.es.

SEAT is the owner or licensee of the intellectual property rights or any other kind of rights over the application “SEAT CONNECT / CUPRA CONNECT”, the web portal “MySEAT Portal” (accessible through the website https://my.seat) and the software incorporated in the navigation or radio system of SEAT or CUPRA vehicles (referred to as the “Application”, the “Web Portal” and the “Navigation/Radio System”, respectively, and all together, the “Channels”).

These terms of use (hereinafter, the “Term of Use”) regulate the access and use of the Application, the Web Portal and the Navigation/Radio System by the Users (hereinafter, the “Users”), and shall be complemented with any other legal documents or privacy policies which regulate any functionality, service, application, platform or any means required for the use of the Channels, or included in such Channels. In particular, the Terms of Use shall be completed with the General Terms for SEAT CONNECT / CUPRA CONNECT Online Mobile Services available at: https://my.seat/terms (hereinafter, the “General Terms”).

Users shall expressly accept -through the corresponding Channels- the Terms of Use in force at any given time during the contracting process of the SEAT CONNECT / CUPRA CONNECT Online Mobile (hereinafter, the “Services”) (as specified in Clause 6 of the General Terms), without prejudice, as the case may be, of its applicability to the Users at any time for the mere navigation or use of the said Channels.

2. Purpose

The purpose of the Channels is to:

(i) Allow Users to use the Services described in the Web Portal accessible through the following link https://my.seat; and

(ii) Allow Users to connect their vehicle (only those SEAT or CUPRA vehicles compatible at any time given with the Services) with their SEAT ID user account (hereinafter, the “SEAT ID User Account”). The Users can find more information about the creation and management of the SEAT ID User Account at: https://seatid.vwgroup.io/terms-and-conditions.

Certain Services may be subject to additional terms of use from third parties. The Users shall review and, as the case may be, accept such terms before using the Services. The liability regime set forth in Clause 9 shall apply in this case.

Downloading the Application and using the remaining Channels is free of charge. Nonetheless, the Services shall have the price established in the General Terms or the special conditions (for example the Order Confirmation) which may be applicable for the particular Services acquired by the Users.

The Channels are for personal and no-commercial use. The use of the Channels by the Users for commercial or professional purposes is expressly excluded.

The Services offered through the Channels may imply mobile data usage. SEAT is not liable for the costs incurred by the Users resulting from the communication and exchange of data or the internet connection, except as established in Clause 4 of the General Terms. The Users may contact the pertinent telecommunication operators for further information.

3. Intellectual and Industrial Property

All intellectual and industrial property rights over the Channels (Application, Web Portal and Navigation/Radio System) and their component parts (including information, texts, data, graphics, images, photos, designs, software, trademarks, distinctive signs and other contents) are property of SEAT and/or its licensors. Therefore, the use, reproduction, transfer, transformation, distribution or exploitation of the Channels and/or their elements by the Users in any way is prohibited, except for those uses strictly required to make use of such Channels to enjoy the Services and for personal uses only.

In this sense, SEAT grants a non-exclusive, non-transferrable and non-sub-licensable license to the Users to use the Channels, subject to the remaining provisions of these Terms of Use, the General Terms and any other terms of use and laws applicable.

As regards the base software of the Channels, Users shall not decompile, disassemble or perform any reverse engineering over them. Furthermore, Users shall in no event remove, alter, elude or manipulate any protection device or security system installed in the Channels.

Users acknowledge and accept that the use of the Channels and their component parts does not imply the assignment of any industrial or intellectual property rights, such as copyright, trademarks, designs or other rights over them, nor the authorization to create software developments from the Application, the Web Portal and/or the Navigation/Radio System, except for the limited license granted to the Users to use the Channels in the terms established herein.

4. Use restrictions

Users must comply with all applicable rules, regulations and laws regarding Traffic and Road Safety. Each User will be the sole responsible of any incompliance with the referred rules, regulations and laws and SEAT will be exempt from any liability thereof.

WARNING: PLEASE REMEMBER TO DRIVE ALWAYS CAREFULLY. ANY USE, MANIPULATION OR HANDLING OF ANY ELECTRONIC DEVICE THAT MAY INTERFERE IN THE DRIVING, MUST BE CARRIED OUT IN A SAFE MODE WITH THE VEHICLE PARKED AND IN ACCORDANCE WITH APPLICABLE LAWS.

MOBILE TELEPHONE DEVICES, NAVIGATORS OR ANY OTHER COMMUNICATION SYSTEM IS PROHIBITED UNLESS YOU HAVE HANDS-FREE ACCESS AND/OR IN ACCORDANCE WITH APPLICABLE LAWS.

5. Changes in the Terms of Use

SEAT reserves the right to modify or update these Terms of Use at any time, for any valid reason. The User will be informed, within a reasonable term, of any change in the Terms of Use for his acceptance. The User may find the updated version of these General Terms at any time in the following link: https://my.seat.

6. Misuse

The User undertakes not to use the Channels incorrectly. In particular, the User undertakes not to:

Carry out any activity contravening any laws in force, these Terms of Use, public morality, social decency or public order established, or for illegal, prohibited or harmful purposes which may damage the rights or interests of SEAT or third parties. In particular, any activities which violate copyrights, registered names or trademarks, as well as privacy rights.
Use of one or more of the Channels in other private or commercial websites, as well as to make a professional or commercial use of the Channels and their integrating parts; or to establish hyperlinks to the Application and/or the Web Portal or to any of their contents (unless expressly authorized in writing by SEAT).
Alter, copy, modify, decompile, disassemble, perform reverse engineering, grant licenses, lease, sell or imitate the Channels, their integrating parts or contents, in accordance with clause 3 of these Terms of Use.
Pass on virus or other harmful component that may affect, impairs or damage the Channels or any network connected, or which may interfere in the use of the Channels 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, contents, databases of the Channels.

SEAT reserves the right to deny access to the Channels to any User who violates the rights of third parties or breaches these Terms of Use or applicable laws and, in particular, the covenants of this clause. SEAT shall retain all other additional rights, which may correspond against the User, in particular concerning the initiation of criminal or civil proceedings.

7. Notification of potential violations

SEAT complies with applicable laws and does not violate third-party rights. The User of the Channels must also comply with applicable laws and not violate third-party rights.

If any User is aware of an offensive use of the Channels, or any use which contravenes the laws in force, such User shall immediately notify SEAT at seatdigitalsupport@seat.es.

8. Service and exclusion of guarantees

SEAT will use its best efforts to maintain the Channels working correctly. However, SEAT cannot guarantee the absence of service interruptions to repair and/or for maintenance of the Channels, or the lack or coverage or any failure in devices and/or the networks required for data transmission which are nor under the control of SEAT. SEAT will take appropriate action to reduce such interruptions.

Although SEAT will use its best efforts to have complete, accurate and updated information in the Channels, unless indicated otherwise, the information shall be considered for indicative purposes only. Therefore, the purpose of such information is to provide an illustrative element for general information, and not for detailed nor specific information. In line with the above, such information may be subject to changes.

9. Disclaimer & Liability

When the User has access to the Channels, the User undertakes to use the Channels in compliance with the law, being liable to SEAT and/or third parties for any damage or loss arising from the failure of the User to comply with such obligation.

In any event, the User shall be entirely responsible for all data or contents transferred or communicated to SEAT. SEAT does not monitor nor supervises such contents, unless required by laws, the competent judicial authority or administrative resolution, being entitled to remove or block the display of such data or contents until the ownership of the relevant information or the legality of the same is proven.

SEAT shall not be liable for any security errors that may occur or the damages which may be caused to the User's computer system or devices (hardware and software) and/or to the files or documents stored in such computer system or devices when accessing the Channels as a result of the presence of viruses, trojans or similar circumstances in such computer systems or devices. Neither would SEAT be liable for internet and/or telephone line malfunctions, interferences, omissions, interruptions or disconnections in the operational functioning of the Channels for reasons beyond SEAT’s control.

The Channels may contain links to other websites and incorporate information, contents and/or services provided by third parties. SEAT has no control over the above and is not responsible for such information, contents, operation and/or the services received from such third parties. SEAT provides such links, information, contents and/or services to the User for the User’s convenience and in accordance with the General Terms, this Terms of Use and any other particular terms and privacy policies applicable, which need to be read and expressly accepted by the Users, as the case may be.

The Channels may display advertisement or offers. The advertising or offering party is responsible of making sure that the contents provided for their inclusion in the Channels abide by the relevant laws applicable. SEAT shall not be liable for any error, inaccuracy or irregularity in such contents. In any event, for any claim on the advertising contents embedded in the Channels, please send an email to: seatdigitalsupport@seat.es.

SEAT shall not be liable for any damage or loss resulting from inadequate passwords chosen by the User when creating its SEAT ID User Account, or passwords not safely kept by the User, breaching these Terms of Use or any other terms applicable, or for any damage or loss caused by third parties to whom the User had granted access to their SEAT ID User Account and/or to the Channels.

In general terms, SEAT does not control the use of the Channels by the Users. In particular, SEAT cannot guarantee in any way that the Users use the Channels in compliance with the law, these Terms of Use, the General Terms, public morality, social decency or public order, nor whether the Users use the Channels diligent and prudently. Therefore, SEAT is not liable for the use of the Channels by the User which violates any laws, intellectual or industrial property rights or any other rights of third parties.

10. Data protection

SEAT shall protect your personal data and use it only when permitted by law or when you had agreed to such use. Please find more information about personal data processing in the Privacy Policy https://my.seat/privacy.

11. Severability

If any term or provision of these Terms of Use is found to be invalid, illegal or unenforceable, the remaining terms and provisions shall not be affected, if the rights and obligations of the parties arising from the Terms of Use were not essentially affected. For these purposes, essential means any situation, which causes a serious damage to the interests of any of the parties, or in relation to the purpose of these Terms of Use. Such clauses affected shall be superseded or integrated with other clauses which, being compliant with the law, have the same purpose of the substituted clauses.

12. Miscellaneous, applicable law, jurisdiction

a. These Terms of Use shall be governed by Spanish common laws (‘legislación española común’). If the User is a consumer, the laws of the state in which the consumer has his domicile or normal place of residence when the contract was executed shall apply.

b. Any dispute arising from this contractual relation shall be subject to the competent courts of the city of Barcelona (Spain). Notwithstanding the foregoing, if the User acts as a consumer, such disputes shall be subject to the courts of the place of residence of the consumer.

c. The User, in case he acts as a consumer, may also submit any dispute arising from or in relation to these Terms of Use to an alternative dispute resolution (“ADR”) procedure. The list of the European Commission of ADR platforms available can be found at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.

d. Notwithstanding the above, SEAT does not undertake nor is committed to take part in online dispute resolution procedures before the consumer arbitration body.