TERMS AND CONDITIONS OF USE
The Cepsa App mobile application
This Cepsa App application (hereinafter the App), in mobile application format, is provided by the company CEPSA COMMERCIAL PETRÓLEO, S.A.U. (hereinafter the Company).
The manager responsible for the App hereby informs users of the following data relating to the Company in his capacity as owner of this mobile application:
The Company has its registered office in Torre Cepsa, Paseo de la Castellana, 259 A, 28046-Madrid, Spain, with Spanish Tax Identification Number (NIF) A80298896. It is registered in the Madrid Commercial Registry in Volume 2,530; Folio 43; Page M-44,195.
For the handling or resolution of any dispute, incident or other matter arising with regard to access to and browsing of the App, or in relation to the content made available to the public through it, the Company hereby notifies users of the following effective means of direct communication:
The Company recommends that you read this text carefully before accessing, using, and browsing on the App.
This document relating to the Terms and Conditions of Use is intended to establish the terms and conditions of access and use by users of the App, as well as the content that is publicly displayed and transmitted through this App.
Users’ acceptance of these Terms and Conditions of Use implies their express and unreserved acceptance of the terms set forth herein. Users hereby affirm that they have read, are aware of and understand the contents of this document, assuming all their obligations as users of the App. Users also declare that they are over 18 years of age and have the legal capacity to accept the said conditions.
This Terms and Conditions of Use document will have an indefinite period of validity, provided it is not amended. However, the Company reserves the right to modify both the presentation, configuration and content of the App and this document itself, under the terms set forth in Section 8 of this document. Users’ access, use and browsing on the App after the entry into force of any possible changes or modifications will imply Users’ acceptance of the latter, except in cases where their express consent is required.
Without prejudice to the regulations contained in these Terms and Conditions of Use, the Company reserves the right to potentially establish Specific Conditions of Use for the App, in which case users shall be equally bound by the content of any Specific Conditions of Use that may be published.
The App is intended to:
Unless otherwise provided for in the other sections of these Terms and Conditions of Use, the use and download of the App will be of an informative nature, without prejudice to the cost of connection through the corresponding telecommunications network contracted by the User with third parties.
The user must use the App and the tools enabled in it in accordance with the provisions established by current legislation and regulations, good faith, public order and generally accepted customs and practices.
The user expressly undertakes to make appropriate use of the App and its contents, in accordance with both the opportunities and services they offer and the purposes for which they have been designed.
The user must not use the App, its contents and/or the dissemination tools that it provides, for any purposes that are illicit or illegal, contrary to current legislation, and/or in any way harmful to the rights and/or interests of the Company or of any third parties, whether physical individuals or legal entities.
The user also undertakes not to cause damage, harm or injury to the software, tools and/or contents that constitute the basis of the App, and must not prevent its normal operation.
The Company shall not accept any liability, either direct or indirect, arising from the failure of users to comply with the above obligations.
4.2. Responsability of users
Each user shall be solely and exclusively responsible for their use of the tools provided through the App
The user shall be solely responsible for the use of the App for illicit, illegal or purposes that are unauthorized or contrary to current legislation, whether for financial gain or not.
In any event, the user shall assume, solely and exclusively, any liability of any kind that may arise as a result of the failure to comply with these Terms and Conditions of Use and any Specific Conditions of Use that may be published, as well as, in general, any user behavior that is contrary to current legislation and regulations, good faith, public order and generally accepted customs and practices.
The Company is excluded from any kind of liability, whether direct or indirect, regarding any damage or injury caused to the user or to a third party, which is caused by the misuse, whether intentional or not, that the user makes of the contents, tools and features provided through the App, or by non-compliance with these Terms and Conditions of Use by the user.
The Company provides users with an area that is enabled for user participation, including the option to submit suggestions to the Company.
Users shall be solely and exclusively responsible for any contents and information they may transmit through this area.
The Company shall not assume any liability, either direct or indirect, arising from the information or content published by users through the enabled spaces of the App, as its function is limited to the provision of a communication space for users.
The user expressly agrees and undertakes to use the App in accordance with the provisions established by current legislation and regulations, good faith, public order and generally accepted customs and practices, thereby ensuring the lawfulness, truthfulness, correctness, morality and legality of each and every contribution made through the App.
Accordingly, the user expressly agrees and undertakes not to use the tools, services and utilities provided through the App, without limitation, for the following purposes: (I) to engage in illegal or illegal activities, (II) to disseminate racist, xenophobic or pornographic content, to advocate terrorism or attacks on human rights, whether of individuals or groups, (III) to make contributions and/or comments in a threatening or unfriendly manner, and not to act under any circumstances contrary to due respect for the rights of third parties, (IV) to carry out advertising and/or commercial exploitation activities, (V) to attempt to access, and possibly use, other users' email accounts and to modify or manipulate their messages, (VI) to cause damage to the physical and logical systems of the App, or to introduce and/or disseminate computer viruses within the network, or any other tools likely to cause similar or related damage, (VII) to perform, in any way whatsoever, actions or activities that are contrary to the law, good faith, public order, or generally accepted customs and practices.
The App may host, on a temporary or permanent basis, links, hyperlinks or similar technologies (hereinafter and generically referred to as “links”) that redirect the user to other pages or websites and/or that redirect the user to advertising spaces managed by third parties.
If such links exist, they shall have the sole purpose of facilitating and allowing the user access to content and/or services that may be of interest to them and which, in all circumstances, shall be managed by third parties and not by the App.
The Company does not pre-control, approve, authorize, supervise, or claim as its own the contents, services or any other information provided by third parties that may host the links available in the App.
Therefore, the owners of the landing pages or websites of the links shall be solely responsible for ensuring that the content hosted on them meets all the legal requirements that apply to them, and users who access the pages or websites to which such links direct shall be solely responsible for the legal relations of any kind they initiate with the third parties responsible for the landing pages or websites
If such legal relations exist, they shall be understood as being in any case conducted between the user and the third party, and therefore externally and independently from the Company, users assuming under their sole and exclusive responsibility any damages and/or losses that could be caused to them as a consequence of any use that they may make of the linked pages or websites.
The Company assumes no liability, either direct or indirect, arising from any connections that may be made through the links, or the contents to which they direct, nor does it guarantee the technical availability, legality, truthfulness, usefulness, quality, reliability, accuracy, correctness or morality of the contents, information or services accessed through said links, if they are not directly managed or controlled by the Company.
The inclusion of external links and connections shall under no circumstances imply, unless expressly stated otherwise, the existence of any association, relationship or participation of the Company with the connected companies or third parties.
The Company does not undertake to guarantee the continuity and availability of the App, or that the App will not be interrupted, and shall not be held liable for any damages that may arise from (i) the lack of accessibility to, or availability of, the App, (ii) any interruption in the operation of the App or any computer failures, telephone failures, disconnections, delays or blockages caused by shortages or overloads in telephone lines, data centers, the Internet system or other electronic systems, produced by the user in the course of its operation, or (iii) any other damages that may be caused by third parties through unauthorized intrusions beyond the control of the Company.
In addition, the Company shall not be held liable for users not having a compatible device or having downloaded a version of the App that is not compatible with their device.
The App has functions that direct users to the services that they can contract, or have already contracted with CEPSA and that require their pre-registration, such as Porque Tu Vuelves, Cepsa Home or the Cepsa Customer Reserved Area. In the event of access to such services, their respective Terms and Conditions of Use shall apply. These are identified on the forms or web pages to which the App will direct you.
The ownership of each and every one of the Industrial and Intellectual Property Rights of the App, its graphic designs, the information and codes contained therein, the content and the software that serves as its basis, together with the trademarks, trade names, domain names and any other content subject to industrial and/or commercial application relating to the service, functionalities or features of the App belong solely and exclusively to Compañía Española de Petróleos S.A. or are used by it with the express authorization of their legitimate owners.
Users expressly agree and undertake to respect all of the assets protected by Intellectual and Industrial Property Rights accessed through the App, users being expressly prohibited from any act of reproduction, distribution, public communication, provision, transformation and, in general, any form of exploitation of intangible assets, works or content accessed through the App, except with the prior, express and written authorization of the legitimate owners of the intangible asset concerned.
For any questions, queries, suggestions or claims that may arise relating to the content of these Terms and Conditions of Use and, where appropriate, access to, use of and browsing on the App, users can send an email to the following email address appandroid@cepsa.com
The Company reserves the right to make, at any time and without prior notice, modifications, deletions or updates with respect to the information provided to the public through the App, and its internal configuration or presentation.
In addition, the Company reserves the right to modify, in whole or in part, these Terms and Conditions of Use by including modifying or deleting any clauses it deems necessary, without prior notice and whenever it deems it appropriate. The said modifications may replace, complete and/or modify these Terms and Conditions of Use.
Possible modifications may be motivated, among other reasons, by technical changes in the service provided through the App, changes in regulations or changes in the functionality of the App.
Similarly, the Company reserves the right to temporarily or definitively suspend, without prior notice, access to the App either for maintenance operations, for the repair, update or improvement of the same, or for the definitive suspension of the availability and provision of the App.
Both this document and the App Privacy Policy have been drafted in the Spanish language (as spoken in Spain) and in accordance with the laws and regulations of Spain. Users of the App accept Spanish law as the legislation governing any relationship they initiate with the Company through this App.
Concerning jurisdiction, where submission to a particular jurisdiction is required, in accordance with the provisions of the legislation and regulations in force, the parties shall submit to the appropriate jurisdiction in each case.
If there is no legal provision requiring submission to a particular jurisdiction the parties, expressly waiving any other jurisdiction to which they may have recourse, agree to submit to the courts of the city of Madrid for any legal dispute related to access to, use of, and browsing on, the App.