GENERAL TERMS FOR ONLINE ADDITIONAL SERVICES OF CONNECTED TRAVEL ASSIST
1. Scope
1.1. These General Terms and Conditions ("General Terms") for additional online services ("Services") govern the rights and obligations of individuals who have acquired the Services ("Clients") and of SEAT, S.A.U. (hereinafter, “CUPRA”), with registered office in Martorell (Barcelona), Autovía A-2, km 585, 08760, registered in the Commercial Registry of Barcelona under Volume 23662, Page B-56855, Sheet 1, with Spanish Tax Identification number (N.I.F.) A-28049161 and with contact e-mail address customercare@cupraofficial.com.
1.2. Every user who is legally capable of concluding contracts without restriction ("Client") is entitled to acquire Services and to use them with a CUPRA brand vehicle duly equipped (ready for Service) for this purpose ("Vehicle"); in accordance with these General Terms.
1.3. These General Terms shall be complemented with the Terms of Use and the General Terms of CUPRA CONNECT services, particular conditions, terms of use and privacy policies which govern the use of the Services by the Client, all of them available in “My CUPRA App” (the “App” or “Application”).
1.4. The Client shall accept these General Terms, as well as the particular conditions and any other applicable terms of use or privacy policies during the acquisition and activation procedure set out in Clauses 3 and 4.
1.5. The General Terms will be provided in Spanish as well as in the languages available to the Client in the drop-down menu included in the Application.
1.6. The conditions of the vehicle order (i.e., purchase, leasing or rental agreement) or the additional vehicle equipment order, shall apply exclusively to the acquisition of such vehicle or additional equipment, not to the Services, which would be contracted by the Client separately.
2. Subject matter of the Services
2.1. The Services are vehicle-related digital services of CUPRA, mostly SaaS (Software as a Service) cloud services, which extend equipment features of the Vehicle, and can be used via the screen of the navigation or radio system incorporated in the Vehicle (“Navigation System” or “Radio”) or via the App.
2.2. The functionalities of the Services are described in the on-board manual of the Vehicle.
2.3. The Services can only be activated and used in one vehicle at a time. The Services are vehicle-bound. Services cannot be transferred to another vehicle (Clause 15). In the event of loss or destruction of Vehicle, the Client shall have no claim against CUPRA for reimbursement of the price paid for Service.
3. Conditions for the acquisition of the Services
3.1. For the acquisition of Services, it is required that the Client has concluded a valid contract with CUPRA for the use of CUPRA CONNECT Online Mobile Services or CUPRA CONNECT PLUS Online Mobile Services (“CUPRA CONNECT Services”).
3.2. CUPRA CONNECT Services are linked to the CUPRA ID, the central access service for the use of many digital services of CUPRA, ("CUPRA ID"), i.e. the Client requires CUPRA ID in order to use CUPRA CONNECT Services and to acquire Services. Further information is available for Clients in the CUPRA CONNECT Services General Terms and conditions, available in the App, and in the CUPRA ID Terms and Conditions.
3.3. Client must be a primary user of the Vehicle in order to acquire the Services. Further information about the different functions and users is available on the following link https://consent.vwgroup.io/consent/v1/texts/SEATConnect/es/en/dataPrivacy-MOD4/latest/html and in the General Terms for CUPRA CONNECT Services.
3.4. The acquisition of Services also requires that the Vehicle is compatible and has the technical functions required for the respective Service. Information on which Services can be acquired for the Vehicle can be found in the App and the Navigation System (“in-car Store”).
4. Order of Services
4.1. Services can be acquired by Client online via the Application or the Navigation System (“in-car Store”), as set forth in the CUPRA CONNECT General Terms available in the App, (jointly, the “Channels”). Services may be offered to the Client either against payment (in particular, in the case of first-time acquisition for the Vehicle) or free of charge.
4.2. The Services will be subject to the economic conditions in force at the time the Services are contracted or renewed by the Client. The current list of prices will be available at any time for the Client in the Channels. Payment can be made using the means of payment specified during the ordering process.
4.3. Likewise, the Client can check the applicable prices in the framework of the Services contracting and activation process.
4.4. As an exception, some of the Services may be offered by CUPRA to the Client free of charge for a limited period, and subject to CUPRA commercial offer.
4.5. Nevertheless, for the contracting of the Services not offered for free or for the successive renewals of the Services, the Client shall pay, at the beginning of the period of validity agreed, the price for the contracted Services. The payment can be made through authorised payment during the activation and contracting process.
4.6. The Client must place the relevant Service Order for the desired Services, as well as accept the terms that apply and follow all steps required by the Application.
When the Client clicks the box to proceed with the contracting of the Services, the Client accepts these General Terms, as well as any other terms of use or privacy policies which may apply.
4.7. CUPRA will send an e-mail to the Client’s e-mail. Such e-mail will contain the following information:
a) Confirmation by CUPRA of the Services Order (“Order Confirmation”);
b) Confirmation by CUPRA that the Services have been activated correctly and the Client can start to use them.
The date of reception of the Order Confirmation will be considered the date of execution of the contract. If the acquisition of Services requires payment, the Services shall be made available to the Client only after receipt of payment.
4.8. If the Client is a consumer (“consumidor”), the Client will be entitled to withdraw from the contract within fourteen (14) days from the day in which the contract was executed following the procedure established in this Clause. The steps to be taken by the Client in order to exercise the right of withdrawal are set forth in Clause 8 of these General Terms (the “Right of Withdrawal”). Together with the Order Confirmation, the Client will receive the official form (optional) to exercise the Right of Withdrawal. If the Services are provided to the Client free of any charge (e.g. within a free trial period), the exercise of the Right of Withdrawal will not incur any refund.
4.9. Before Client can use an acquired Service in the Vehicle, the Service must be duly activated in the Vehicle. The Vehicle requires a data connection for this activation (Clause 6). Since activation is only possible within 30 days of receiving the email notification, Client must switch the Vehicle into online mode and activate Services within these 30 days. If Client does not do so, he can request a new e-mail for activation.
5. Services availability
5.1. The availability of all or part of the Services may be affected by technological infrastructure restrictions, network incompatibilities or technical limitations existing in countries other than the country in which the Vehicle was first purchased by the Client. CUPRA does not guarantee that the Services can be fully enjoyed in any country other than the country where the Vehicle was first purchased.
5.2. In order to provide the Services, CUPRA may expect that the Vehicle and the Channels are in good working order, have the electrical system running and adequate battery power. The Service may not function if the Client attempts to modify or add any equipment or software on or to the Vehicle that is not expressly authorised by CUPRA or is not compatible with the Service. The Client is solely responsible for the proper maintenance of the Client´s Vehicle or different Channels and its systems.
5.3. Due to the developments of information technologies and the technical progress of the automotive industry, the Services of the Client’s Vehicle may be occasionally adapted to new updates and improvements. For such purposes, CUPRA reserves the right to modify the features of the Services, at no additional costs for the Client during the Period of Validity. CUPRA will inform the Client of the type and scope of such modifications with reasonable advance.
Where such modifications negatively affect the Client (and provided such negative effects are not of minor importance) the Client will be entitled to terminate this contract within the following thirty (30) natural days from the reception of the notification informing about the modifications, or upon the modification of the Services, if it were to occur at a later time. Termination of the contract shall be regulated as stated in Clause 9 below.
Nevertheless, the right to terminate this contract for the purposes above shall not apply if CUPRA has given the Client the possibility to maintain, without additional costs, the Services without the modification and these remain in conformity.
5.4. CUPRA will take reasonable action within its capacities to ensure continuous availability of the Services and will use its best efforts to take care of any failure as soon as feasible.
5.5. Nonetheless, in case of force majeure (for example, armed conflict, pandemics, adverse climatological conditions or labour conflict measures, etc.) or due to the performance of maintenance, repair or any other kind of actions required in the CUPRA technical devices or the devices of third parties which provide data, contents, information or the transfer capability of the Services, the Services may be interrupted or hindered (speed). Likewise, an increase in the simultaneous use of the Services may impair such Services.
5.6. In addition, CUPRA will take appropriate measures to update the Services, especially in order to prevent threats of cyber-attacks against the safety of vehicles, traffic, life, health, the right to information (privacy), of the ownership, assets of the Client, the owner or holder of the vehicle or against any third party or CUPRA itself. Such measures may result in restrictions on the Services and/or in the data connections. Depending on the severity of the threats and/or the importance of the assets threatened, such measures may also imply temporary blockage of some or all of the Services as well as an interruption of the data connection.
5.7. To implement the above measures or to restore the total availability of the Services or the data connection, CUPRA may provide the Client with a free software update in the Vehicle, to be installed by the Client as soon as possible. Restoring the complete availability of the Services may also require further participation from the Client (for example, changing the CUPRA ID password). CUPRA shall not be responsible for any lack of conformity over the Services if the Client has not installed those updates following CUPRA’s indications after a reasonable period.
5.8. On their side, Client grant CUPRA a non-exclusive, unlimited, unrestricted, full, transferable, free and sub-licensable right of use of all data derived from their use of the Services, especially technical data, that do not refer to persons or whose personal references have been removed (anonymised data).
5.9. In the event of technical issues or any other problem related to the Services, the Client can refer to CUPRA’s Customer Care department. The Client can find the contact information of each country in the Application or via the following link: https://www.cupraofficial.com/services/connect.html.
6. Data connection
6.1. The Services require a data connection between the Vehicle and the CUPRA data server. This connection is established via mobile phone network. Depending on the model, model year and equipment of the Vehicle, the Vehicle may have a data connection available, not being necessary that the Client concludes a separate contract with a telecommunications provider. Further information can be found in the Application and in the on-board manual of the Vehicle.
6.2. The Services are configured to activate the data connection between the Vehicle and the data server when the Vehicle is located in a country authorised by CUPRA for the use of such communication (“Area of Use”).
6.3. The countries within the Area of Use of the Vehicle depend on the model, the year of the model and the equipment of the Vehicle. The Client can find further information about the Area of Use of his Vehicle via the following link: https://www.cupraofficial.com/services/connect.html.
6.4. An insufficient data connection may impair the usability of Services. The functioning and performance (speed) of the mobile data connection between the Vehicle and the data server depend on a number of factors which are beyond the control and responsibility of CUPRA. For illustrative purposes, and without limitation, the adequate reception of the signal in the location of the Vehicle, the failure, diminution or interruption of the coverage in tunnels, garages and underground subways, as well as other adverse factors (meteorological conditions, devices producing interference, buildings, intensive use of the relevant cellular network).
6.5. CUPRA cannot be held responsible for the lack of functionality of Services in connection with the (insufficient) data connection.
6.6. CUPRA has no obligation to maintain or support any data connection between the Vehicle and the CUPRA data server if the specific network technology upon the connectivity of the Vehicle relies is discontinued (“Technology Sunset”).
7. Period of Validity
7.1. The Period of Validity of the Services begins with the conclusion of the contract (Clause 4.7). The Period of Validity is specified in the order process for the respective Service. In case of renewals and/or placements of new Service Orders, if applicable, (and provided that payment is received by CUPRA before the expiration date of the initial Services contracted), the date after expiration will initiate the Period of Validity of such renewal and/or placement of new Service Orders. In case that the payment for the renewals and/or placement of new Service Orders is received by CUPRA after expiration of the initial Services contracted, the date in which payment is confirmed by CUPRA will initiate the next Period of Validity. Please, take into account that some of the Services may not be subject to renewals. For more information, check in the App.
7.2. Special provision for the Service "Connected Travel Assist" (online supplementary service to Travel Assist, which is an offline function) when ordering Connected Travel Assist with the Vehicle: if the Client has ordered the Connected Travel Assist function as an equipment feature for the Vehicle, the Client can order the Service free of charge for a Period of Validity of three (3) years from the activation of CUPRA CONNECT Services. If the Client orders the Service after the first activation of CUPRA CONNECT Services, such Period of Validity of three (3) years shall be reduced by the period elapsed between the activation of CUPRA CONNECT Services and the conclusion of the Service’s contract for Connected Travel Assist.
7.3. With the acceptance of these General Terms and for the pertinent purposes, the Client expressly requests that the provision of the Services begin during the period established for the exercise of the right of withdrawal set forth in Clause 8.
7.4. The Period of Validity for the contracted Services is linked to the Client’s Vehicle and can be checked by the Client in the App by logging into his CUPRA ID User Account.
CUPRA will remind the Client about the possibility to renew the contract or place new Service Orders when the Period of Validity is close to expiry. The notification will be sent to the Client’s e-mail provided when creating his CUPRA ID User Account. In the event the Client wishes to renew the contract or place a new Service Order, the Client will need to follow the instructions provided by CUPRA and start a new contracting and activation process (as the case may be) through the Application and/or through the Navigation/Radio System of the Vehicle (as applicable) in accordance with these General Terms.
7.5. If the Client does not renew or place new Service Orders upon expiration of the Period of Validity, the contract between CUPRA and the Client will be automatically terminated.
8. Right of withdrawal
8.1. In accordance with the General Terms of CUPRA CONNECT services and of other additional or subsequent services that may also be contracted through Navigation System and My CUPRA App, when the Client is a consumer, the Client is entitled to withdraw from the contract within a period of fourteen (14) calendar days without giving any reason.
8.2. The withdrawal period will expire after fourteen (14) calendar days from the date of the execution of the contract.
8.3. To exercise the right of withdrawal, the Client shall notify CUPRA with an unequivocal statement, for example, by sending an e-mail to the following e-mail address: customercare@cupraofficial.com. Other options may also be available for the exercise of the right.
8.4. The Client may use the withdrawal form attached as Schedule I although its use is not obligatory.
8.5. In order to meet the deadline for expiration of the withdrawal right, the notification of the Client sent before the expiration of such term will suffice.
8.6. In the event of withdrawal of the Client, CUPRA will proceed to reimburse all amounts collected from the Client, without undue delay and, in any event, within the maximum term of fourteen (14) calendar days from the date on which it is informed of the Client’s withdrawal decision. Such reimburse will be carried out using the same means of payment used by the Client for the initial transaction, unless the Client had expressly requested otherwise to CUPRA by sending an e-mail to: customercare@cupraofficial.com (CUPRA Clients). In this case, the Client will need to provide the necessary documentation to evidence that he is the owner of the alternative mean of payment. In any case, the Client will not incur in any expense related to such reimbursement.
8.7. To the extent that the Services will begin to be rendered during the withdrawal period, if the Client exercises the right of withdrawal, the Client shall pay an amount proportional to the Services already rendered in the moment the withdrawal was notified, in relation to whole period of the contract.
9. Termination and assignment of the contract
9.1. The contract will be terminated:
a) When the Client does not renew the Services or places a new Service Order upon the expiration of the Period of Validity, in the terms set out in Clause 7;
b) When the Services available free of charge expires;
c) When the Client exercises the right of withdrawal, in the terms set out in Clause 8;
d) In the event of lack of conformity in accordance with Section 14;
e) At the non-breaching party’s will, when the other party has substantially breached any of the legal or contractual obligations established. In this scenario, if compliance is still possible, the non-breaching party will notify the other party in writing about the relevant breach, and the willingness of the non-breaching party to terminate the contract if the breaching party does not cure the breach within the next ten (10) days from the receipt of the notification. Upon expiration of such term without cure, the non-breaching party will be entitled to terminate the contract notifying the other party in writing and will be entitled to claim for the relevant damages and losses. On the other hand, if compliance is not possible, the contract will be terminated with the receipt of the notification for the non-breaching party requesting termination and indicating the reasons for such request.
f) In the case of a Technology Sunset, as described in Clause 6.6, the Client will be able to terminate the Services affected by the Technology Sunset by written notice to CUPRA, if there are no alternative connectivity solutions with the applicable technology.
g) Should the Client be unable to comply with the provisions under Clause 18, CUPRA may terminate the User Agreement with immediate effect and any other related existing agreements between CUPRA and the Client and block his future access to CUPRA ID and any Connected Services or connected products, software and technologies.
9.2. In the event the contract was terminated for any of the reasons set forth in the preceding section, the particular conditions that apply to the Services contracted by the Client at each time will also be terminated and the access to the Services will be cancelled. After termination of the contract, the Client will refrain from using the Services and making them available to third parties.
9.3. None of the parties can assign their rights or obligations hereunder without prior written consent of the other party. As an exception to the above, CUPRA reserves the right to transfer the Services contract (without making any modification to the contractual conditions) to any other company of the SEAT Group. For such purposes, the Client herein authorises CUPRA to proceed with such assignment. In any event, CUPRA will inform the Client of the assignment as soon as feasible.
9.4. At Client’s request, CUPRA will make available to the Client any content different to personal data that the Client has provided or created when using the Services. Such data will be provided free of charge, in a reasonable period of time and in a common electronic format.
10. Intellectual and industrial property rights
10.1. The Client has a non-exclusive, non-sub-licensable and non-transferrable right to use the Services (as well as the content, materials and the information related thereto), the Application and the Navigation/Radio System during the Period of Validity. The use will be limited to those countries where the Services can be used (as indicated in the Application).
10.2. The Client is not authorised to transfer or disclose the content and information related to the Services, nor to exploit the Services anyhow, for example, in the benefit of third parties or for commercial purposes or for profit. The Client is neither authorised to alter, copy, modify, decompile, disassemble or perform any reverse engineering over the Services and the Channels, their integrating parts or contents and source codes. Furthermore, the Client shall in no event remove, alter, elude or manipulate any protection device or security system installed in the Channels.
10.3. The Client acknowledges that the intellectual and industrial property rights and any other rights over the Services (including their contents, texts, data, databases, images, photos, graphics, voices, videos, names, trademarks, distinctive signs, designs, software, interfaces, etc.), the Application and the Navigation/Radio System, as well as their component parts are property of CUPRA , its licensors and/or third parties. In this sense, when the Client hires the Services he only acquires the rights strictly necessary to use the Services in the terms established in these General Terms.
10.4. The Client in not permitted to use the Services, the Application, and the Navigation/Radio System and their component parts violating these General Terms and/or any other applicable terms of use, third parties’ rights and/or applicable laws. The Client shall stop any inappropriate use of the Services, the Application, and the Navigation/Radio System or their component parts. In particular, the Client undertakes not to distribute, reproduce, publicly communicate and/or modify for any purposes all or part of the Services, the Application, the Navigation/Radio System or their component parts, nor to carry out any other action which may harm the validity of any of the above.
11. Data protection
11.1. CUPRA will protect the personal data provided by the Client. CUPRA will exclusively use the data in accordance as legally permitted and properly informing the Client at any moment. The Client can find more information about this matter in the Privacy Policy, available in the legal section of the infotainment App.
12. Client’s responsibility
12.1. The Client shall confirm that he fulfils the pre-requisites to contract and use the Services, in accordance with the provisions of these General Terms.
12.2. Additionally, the Client shall be responsible for making use of the Services without contravening these General Terms, the particular conditions which may be applicable and any other terms of use or privacy policy of the Services, as well as the laws in force and the rights of third-party individuals or companies.
12.3. If the Client is not the owner of the Vehicle, before performing software updates, the Client is responsible for ensuring that they are authorizsed to do so. The Client may find information on the permission to perform the software update in the applicable agreements between the Client and the owner with regard to the Vehicle (e.g. from the lease agreement or – in a company car – the employer’s company car guidelines or the employment contract). In case of doubt, the Client should obtain Vehicle owner’s prior consent to perform the software update.
12.4. In the event an authorised third party used the Vehicle and the Services, for example a family member or an employee of the Client, the Client shall take appropriate action (for example, obtaining the consent of the relevant third party) to guarantee that, when such party logs into the Services, he does not violate third party rights. It must be noted that the Client obtains information about the Vehicle and, thus (indirectly), about such third party (such as user’s behaviour, location, etc.). The warning messages as regards the Vehicle and or messages for failures which will remain in the Vehicle are shown in the Application, in the section that provides information about the status of the Vehicle.
12.5. The Client undertakes to observe the intellectual and industrial property rights and any other kind of right of CUPRA or of any other third party over the Services, the Application and the Navigation/Radio System of the Vehicle in the terms established in Clause 10.
12.6. The Client shall be liable to CUPRA for any breach or violation which arises from the use of the Services by any other person than the Client, holding CUPRA harmless from any circumstance resulting from such inadequate use.
12.7. If the Client is, at the same time, the driver of the Vehicle, the Services can be used by the Client if he complies all applicable laws regarding Traffic and Road Safety in force.
13. CUPRA liability
13.1. CUPRA will not be liable for any damage caused by the use of the Services by the Client, the Application, or the Navigation/Radio System of the Vehicle contravening these General Terms or for an inadequate use. The foregoing applies especially if the driver of the Vehicle gets distracted while driving due to the use of the Services or the Application and, as a result, there is an accident.
13.2. In particular, due to the digital nature of the information provided by CUPRA in the framework of the provision of the Services and the possibility of errors both in the storage and the transmission of such information through the internet, CUPRA does not guarantee the updating, accuracy, truthfulness, veracity and quality of the information transferred or provided to the Client through the Services. In this sense, except in those cases expressly contemplated in the applicable law, CUPRA will not be liable for the updating, accuracy, truthfulness, veracity and quality of the data and the information provided through the Services, nor for the data and information provided by third parties.
13.3. As regards the information, data, images and other contents provided by third parties in the framework of the provision of the Services, the Client acknowledges that CUPRA does not review nor modify the content of such data, as well as any other content and information.
13.4. CUPRA will neither be liable for any circumstance affecting the Services derived from problems with the data connection provided by third parties. In this sense, CUPRA will not be liable for any Technology Sunset, as described in Clause 6.6. However, CUPRA will reasonably notify the Client in writing after becoming aware of the impending Technology Sunset of the prospective date after which the technology will no longer be available.
13.5. CUPRA will not be liable for any damage caused by the choice by the Client of an inadequate password to login to the CUPRA ID User Account or an inadequate protection of the password. CUPRA will neither be liable for the damages caused by third parties to whom the Client has granted access to the Services.
14. Warranty
14.1. Without prejudice of Clause 12 above and Client’s Right of withdrawal, provided the Services have been installed appropriately, and for the duration of the relevant contract, CUPRA shall be liable to the Client in the event that the Services (i) do not conform to the description and qualities made available to the Client on these General Terms and the particular conditions stated in the Application prior to contracting, which should be at of the same quality and features that similar services present; and provided the Client has not expressly accepted that any specific feature of the Services deviated from such conformity; (ii) are not fit for the ordinary uses for which they are intended (including those uses for which similar services are provided, taking into account the existing technical standards); (iii) are not provided with adequate instructions (and which the Client may reasonable expect to receive); and (iv) are not provided with relevant updates where the contract has indicated so.
14.2. CUPRA shall provide all necessary updates, including security updates, to keep the conformity of the Services during the Period of Validity. The above shall not apply if the Client does not install the updates made available by CUPRA in a reasonable period, provided CUPRA has duly informed the Client about such updates and that the instructions provided in this regard are accurate.
14.3. In the event of lack of conformity of the Services, the Client is entitled to have Services brought into conformity, e.g., via update, restoration of the continuous supply or elimination of restricted performance (speed). If (i) CUPRA refuses or fails to achieve conformity within a reasonable period of time and without significant inconvenience for the Client (ii) the lack of conformity is of such serious nature that it is unreasonable for the Client to apply for rectification first, the Client is entitled to (a) in the case of payable Services, a proportionate reduction of the price, if any, for the period of time during which the digital content or digital service was not in conformity and (b) unless the lack of conformity is only minor, terminate the contract in accordance with Section 9. A price reduction or refund is proportionate if it reflects the decrease in the value of the Services compared to the value that the digital content or digital service would have if they were in conformity.
14.4. In deviation from the regulations in Section 14.1 above, CUPRA shall not be liable for the lack of conformity which solely results from Client’s failure to install the update within reasonable time, provided that the failure to install by the Client was not due to the lack or shortcomings in the installation instructions provided by CUPRA.
14.5. To assert Client’s rights under this Section 14, the Client may contact CUPRA’s Customer Care department.
15. Permanent transfer of the Vehicle
15.1. The Services contract will always be linked to the Vehicle and, therefore, the Client will not be entitled to transfer the Services to any other vehicle. In the event of sale or any other permanent transfer of the Vehicle to any third-party purchaser (the “Purchaser”), the Client shall:
Transfer the Services contract to the Purchaser;
Delete all the personal data stored in the Vehicle; and
Remove the Vehicle from CUPRA ID User Account through the Application.
15.2. The Purchaser may use the Services after creating a CUPRA ID User Account, acquiring any Services, and activating such Services in line with the provisions of this document.
15.3. The validity of the transfer of the Services contract to the Purchaser will depend on SEAT’s approval, which will not be unreasonably withheld. The Order Confirmation for the Services, as established herein, will serve as proof of acceptance by CUPRA to the transfer of the contract.
16. Jurisdiction and applicable law
16.1. This Section 16 only applies to consumers whose domicile or place of ordinary residence in a member state of the European Union. It does not affect the statutory regulations regarding alternative consumer dispute resolution that may exist in countries outside the European Union.
16.2. These General Terms shall be governed by Spanish common laws (‘legislación española común’). If the Client 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.
16.3. 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 Client acts as a consumer, such disputes shall be subject to the courts of the place of residence of the consumer.
16.4. The Client, in case he acts as a consumer, may also submit any dispute arising from or in relation to these General Terms 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.
16.4. Notwithstanding the above, CUPRA does not undertake nor is committed to take part in online dispute resolution procedure before the consumer arbitration body.
17. Severability
17.1. If any term or provision of these General Terms is found to be invalid, illegal or unenforceable, the remaining terms and provisions shall not be affected, provided that the rights and obligations of the parties arising from these General Terms 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 General Terms. 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.
18. Export Control
18.1. When using the CUPRA ID User Account and the Services, the Client undertakes to comply with all applicable foreign trade and export control provisions, laws and rules. In addition to national foreign trade export control provisions, laws and rules, this may also apply to EU export control provisions, laws and rules as well as extraterritorially applicable export control and sanction regulations of the United States of America and other countries. The Client is also responsible for compliance with any applicable local provisions, laws and rules regarding the import, export or re-export of the digital services and related products, software and technologies.
18.2. The Client further acknowledges and confirms that, based on applicable export control and sanction rules and regulations - to the extent their observance is legally compliant – the Client is not prohibited from obtaining or using (the) digital services and related products, software or technologies.
© SEAT, S.A.U. 2022. Total or partial reproduction is prohibited. All rights reserved.
Annex
Form for the exercise of the Right of withdrawal
(this form is to be filled and submitted only in the event you wish to withdraw from the contract)
NOTIFICATION OF RIGHT OF WITHDRAWAL
To the attention of:
SEAT, S.A. Customer Services
Address: Autovía A-2, Km 585 08760 Martorell, España
E-mail: customercare@cupraofficial.com
Dear Sirs.:
I hereby inform you of my decision to withdraw from the contract for the use of the following Services:
· Remote access
· Online infotainment
· others (specify):
(*) VIN can be found in the lower corner of the windshield of your vehicle, and in the documents of the vehicle.
Information on data protection
All data collected in this form will be processed by SEAT, S.A. as the data controller to manage your withdrawal being the legal basis the performance of the CONNECT contract. Your data will not be disclosed to third parties except for compliance with legal obligations. Your data will be stored for as long as they are necessary for the fulfilment of your request and will be blocked during the period in which legal obligations may arise. You can exercise your rights by sending an e-mail to customercare@cupraofficial.com, depending on your vehicle’s brand, as well as you can contact to our data protection office via dataprotection@seat.es. You can lodge a complaint with the relevant data protection authority.