Terms and conditions.

CONNECTED MOBILITY VENTURES (hereinafter, “SEAT MÓ”) is the Spanish entity with registered offices at Autovía A2 km 585 08760 Martorell, Barcelona, with Tax ID No. A67140582, and properly registered in the Trade Register of Barcelona on page number B-513583.  The contact email is customercare@seat.es.

SEAT MÓ subscribes to the Code of Conduct of the SEAT Group, which can be found here.

The current terms of use (hereinafter, “Terms of Use”) govern the use (including sole access) of the mobile application My SEAT MÓ, including contents and services (hereinafter, the “App”). Any person who accesses the current App will be considered a user of the App (hereinafter, “User” or “Users”).

SEAT MÓ is the holder of all intellectual property rights and of all rights of any other type to the App and the access to and use of the App by Users is subject to the current Terms of Use, which will be supplemented by any other applicable legal texts.

Please read the Terms of Use carefully. By accessing the App and using the material contained therein implies that you have read and accept, without any reservations, the current Terms of Use. If the User does not agree with these Terms of Use in part or in their entirety, then the User must refrain from using the App.

The User must take into account that the products, services or contents made available to Users of the App may be governed by specific terms where in the event of conflict, will take precedent to the current Terms of Use. Therefore, every time the User accesses this product, its’ services or content, the User will be considered to have agreed to comply with the specific terms and conditions that apply.

The intellectual and industrial property rights, or rights of any other type over the content of the App (including information, text, data, images, photographs, graphics, videos, multimedia content, designs, software, distinctive signs, trademarks, databases, etc.) are the sole property of SEAT MÓ and/or of their licensors or licensees.

Accordingly, SEAT MÓ grants to the Users a non-exclusive licence that cannot be sub-licenced or transferred in order to use the App, its respective features, content and other functions available and this licence will be subject to the rest of the terms and conditions included in the current Terms of Use, as well as any other applicable terms of use and legislation. The User is authorised only to view and to obtain a temporary, private copy of the contents for his/her exclusive personal and private use in his/her computer systems (software and hardware), and is not authorised to transfer these subsequently to third parties. With the preceding caveats, the User is not permitted to modify or reproduce in part or in its entirety, nor to distribute or communicate to the public this information without the express written consent of SEAT MÓ.

Users will allow SEAT MÓ to access and use the contents that they share through the App under a non-exclusive, unlimited, transferable, sub-licensable licence, at no charge. Specifically, SEAT MÓ will have the rights, including but not limited to, to reproduce, transmit, distribute, communicate publicly, make available, extract, reuse and transform this type of content in any manner and for any purposes. Likewise, the Users allow SEAT MÓ to access any data that they may provide, that are not personal in nature and to access data in which personal references have been suppressed (anonymised data) under a non-exclusive, unlimited, complete, transferable, sub-licensable licence, at no charge. Any other use of User data must be authorised in advance.

The User recognises and accepts that the use of the App does not imply the transfer of any intellectual or industrial property rights, such as copyright, trademarks, designs and other rights to the App or to any of the elements of which it is composed, except for the limited licence for use that is granted to the Users under the terms stipulated herein.

Therefore, it is expressly prohibited for the User to reproduce, transmit, distribute, publicly communicate, provide, extract, reuse, transform or exploit in any way, by any means or procedure, the App and/or its elements, except for those uses strictly necessary for the use of the App and its features unless authorised expressly in writing by SEAT MÓ.

As a general rule, the User commits to comply with the current Terms of Use and to comply with the special warnings or instructions for use included in these terms and to act always in compliance with the Law in force, morality, decency and the requirements of good faith and established public order, utilising due diligence and refraining from using the App in any way that could interfere with, damage or impair its normal operation, the assets or rights of SEAT MÓ, other Users or, in general, any third party.

Specifically and without prejudice to the commitments provided for in the following clause; the User commits not to incorporate, store or disseminate through the App any content that infringes industrial and/or intellectual property rights or business secrets of third parties, nor, in general, any content to which the User does not hold the right, under law, to place at the disposal of third parties. To this end, the User declares that they are the holder of the rights to the content that they share using the App or that they have the necessary authorisation to do so.

The Users commit not to make improper use of the App, and also not to distribute information or utilise it for:

a) Activities contrary to the Law in force, to the current Terms of Use, to morality, to decency or to the established public order, or for illegal or prohibited purposes or for purposes that infringe the rights and interests of SEAT MÓ or of third parties. This includes, in particular, copyrights, registered names or trademarks and also privacy rights.

b) Utilise the App or a part of it in other private or commercial websites, or make commercial use of the App; or set up hyperlinks to the App, or to any of its contents (except with express, written authorisation of SEAT MÓ).

c) Alter, copy, download, modify, decompile, disassemble, carry out inverse engineering, grant licenses, lease, sell or imitate the App, its contents or its base software.

d) Introduce, store, broadcast or transmit programs, data, virus, codes or any other electric or mechanical device or damaging component that impairs, limits or damages the App or any connected network of SEAT MÓ, the Users or any third party, or that interferes with the use and enjoyment of the App by other Users or third parties.

e) Disclose, extract, reuse, forward or utilise in any manner, as a whole or in part, in any medium, any of the data or elements of the App belonging to SEAT MÓ without its prior, express, written consent.

SEAT MÓ reserves the right to remove users from the App, or to block viewing of, information or contents shared by the Users that infringe the present Terms of Use, third-party rights or applicable regulations and, in particular, infringe the commitments stipulated in the present clause. SEAT MÓ will reserve all remaining rights to which it might be entitled with respect to the User, especially those regarding the initiation of civil or criminal proceedings.

The User guarantees that the information, the materials, the contents or the comments that do not constitute his/her own personal information, but that he/she may provide to SEAT MÓ do not infringe third-party intellectual or industrial property rights or any other legal provisions.

WE REMIND YOU THAT YOU MUST ALWAYS DRIVE WITH CAUTION AND THAT THE USE OF ANY ELECTRONIC DEVICE THAT COULD INTERFERE WITH DRIVING IS STRICTLY PROHIBITED.

The User who visits and uses the App accepts complete responsibility for the access to the App and for any use that he/she might make of the information contained therein. The User is obligated to use the App in compliance with these Terms of Use and with the Law. The User will be liable to SEAT or to third parties for any damages that could be caused as a result of failure to comply with this obligation.

SEAT MÓ cannot be held liable for faults or damages to security that might arise in the User’s computer system (hardware and software) or in the files or documents stored therein due to viruses present on the mobile device (i.e., smartphone, tablet) utilised to connect to the services and content of the App, due to a failure of the browser, of the operating system, or due to use of obsolete versions of the browser, or due to telephone breakdowns, or interferences, omissions or disconnections in the operational functioning of the electronic system due to causes external to SEAT MÓ.

To the extent that is legally possible, SEAT does not accept liability for the errors or omissions in the content of the App or other contents that might be accessed through the App.

SEAT MÓ has taken sufficient security measures within reason to detect the existence of viruses. However,  the User must be aware that security measures for computer systems and the Internet are not completely reliable and therefore, SEAT MÓ cannot guarantee the absence of viruses or other elements that could produce alterations in the User’s computer system (software and hardware) or in the electronic documents and files included in that system.

To the extent permitted by applicable regulations, SEAT MÓ will not be liable for faults that could affect the User’s server or the communication networks, nor for any problems resulting from malfunctions or use of non-optimised versions of any operating system or web browser. 

The use of the App may entail consumption of data. SEAT MÓ does not accept responsibility for the costs for the communications and / or transfer of data or for the Internet connection that the User might incur. Users should consult their mobile data supplier to obtain more information..

SEAT MÓ reserves the right to deny access to any User if there is any indication that the services offered are being utilised in a fraudulent manner and also to take appropriate legal action to defend its interests and also to suspend temporarily the availability of the App without prior notice, in order to carry out essential maintenance and repair or to update or improve the App. 

SEAT MÓ will process the personal data of the Users in order to carry out the functions of the current App complying to the provisions of the privacy policy.

The current Terms of Use refer only to the App and contents of SEAT MÓ and do not apply to links, webpages, and/or applications of third parties that can be accessed through it or to any other service provided by third parties in general. SEAT MÓ cannot control the information, contents, products or services provided by third parties who have set up links with the App as destination, and the access to these links through the App does not imply that SEAT MÓ recommends or approves of their content.

Therefore SEAT MÓ does not accept any sort of liability that could result from them. If the User accesses other networks or computer resources, then the User agrees to comply with the provisions of the corresponding terms of use and privacy policy.

SEAT MÓ offers the User these links and information and/or services only for the User’s convenience and the User is responsible for reading and accepting the terms of use and privacy policies published on these websites or linked applications. Their inclusion in the App does not imply the approval on the part of SEAT MÓ of the linked webpages.

It is prohibited to set up links from websites not related with the SEAT Group, unless SEAT MÓ grants express authorization for this.

SEAT MÓ reserves the right to modify or update the current Terms of Use at any time, as well as any type of information that could appear on the App or its structure or configuration. Therefore the User must consult these Terms of Use on a regular basis. In the event that the existing Terms of Use are modified, the date on which the new version takes effect will be indicated in the upper part of the Terms. If the User continues to use the App once the new version has been published, then the User will have accepted the new Terms of Use.

SEAT MÓ respects the rights of third parties and the applicable regulations. The User of the App is obliged to do the same.

In the event that the User detects technical incidents in the operation of the App or detects, in any of the different sections, any faults, inaccuracies or contents that infringe the law or the rights of third parties, the User should contact SEAT MÓ by sending an email to customercare@seat.es.

The illegality, invalidity or unenforceability of any of the clauses of the current Terms of Use will not affect the enforceability of the remaining clauses, as long as the rights and obligations of the parties derived from the Terms of Use have not been affected in an essential manner. An essential situation is considered to be any situation that seriously damages the interests of either of the parties or that impacts the very purpose of the Terms of Use. These clauses must be replaced or accompanied by others that comply with the law and satisfy the purpose of the clauses that have been replaced. The parties waive the right to any claim based on damages that could be asserted due to this circumstance.

The current Terms of Use are governed by the laws generally applicable in Spain. If the User is considered a consumer, then the current Terms of Use will also be subject to any applicable local legislation.

Any dispute related with the current Terms of Use will be submitted to the competent courts of the city of Barcelona (Spain), and, in the event that it is a case of a User who is acting as a consumer, to the court of the domicile that corresponds to the User/consumer.

The User, in the event of acting as a consumer, may likewise submit any dispute derived from or related with the present Terms of Use to an alternative dispute resolution proceeding (“ADR”). The list of ADR platforms available from the European Commission can be consulted at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage

Notwithstanding the preceding, SEAT MÓ does not commit to, nor is it obligated to, participate in litigation resolution processes online before the consumer’s arbitration body.

© 2020, CONNECTEC MOBILITY VENTURES, S.A.U. Reproduction of part or of all contents is prohibited. All rights reserved.