1. Introduction

1. 1  SEAT, S.A.U. (“CUPRA”) is a Spanish entity with registered address in Martorell (Barcelona), Autovía A-2, Km. 585, with Tax Identification Number (N.I.F.) A-28.049.161, duly registered in the Barcelona Trade Registry in Volume 23.662 General, sheet 1, page B- 56.855 and whose contact e-mail address is customercare@cupraofficial.com.

1.2 CUPRA is a signatory of the SEAT Group's Code of Conduct, which can be viewed here.

1.3 CUPRA is the holder or licensee of the intellectual property rights or any other type over the functionality, available in the private area of the CUPRA website, “CUPRA Passport” ("Cupra Passport” or the “Web”).

1.4 These terms and conditions of use (the “Conditions of Use”) govern the access and use of the Website by its users (the “Users”) and will be supplemented by any other legal texts which regulate any function, service, process, application, platform or means necessary for the use of the Website or included therein, such as for example the conditions of use of the CUPRA website.

 2. Purpose and scope

2.1 Through CUPRA Passport the User is offered technical and specification information about their CUPRA vehicle (the “Vehicle”). The User may share this information with third parties and download a report.

The information to which the User has access via CUPRA Passport may include, but is not limited to:

• Vehicle technical data includes static information about the Vehicle, as for example, model, year/age, type of fuel, engine power, equipment settings and vehicle design, etc.
• Vehicle dynamic values: such as mileage. This information can only be displayed if the Vehicle is connected to Internet.
• Data about the service log: Vehicle repairs or maintenance inspections, performed at “CUPRA” official service centres or dealers.

The volume and type of information available in CUPRA PASSPORT will depend on the information that CUPRA may provide at any moment, and the extra information that, where applicable, the User may have added in relation to the Vehicle, or information provided by third parties (for example: dealers, workshops or technical service). The images shown via CUPRA Passport correspond to the Vehicle model, but do not show the specific vehicle belonging to the User.

The volume and type of information available in CUPRA PASSPORT will depend on the information that CUPRA may provide at any moment, and the extra information that, where applicable, the User may have added in relation to the Vehicle, or information provided by third parties (for example: dealers, workshops or technical service). The images shown via CUPRA Passport correspond to the Vehicle model, but do not show the specific vehicle belonging to the User.

2.2 CUPRA cannot guarantee that the information entered by the User, or that coming from third party sources (for example, information about repairs and services in the workshop that, where applicable, are displayed via CUPRA Passport) is accurate or free from error. The User should confirm that the information available via CUPRA Passport is correct, especially if it is to be shared with third parties.

2.3 CUPRA grants a non-exclusive, revocable, non-sub-licensable, non-transferable licence to Users to use CUPRA Passport, which will be subject to the remaining terms and conditions included in these Conditions of Use, and any other terms of use and the applicable legislation.

3. Requirements for the use of CUPRA Passport

3.1 To use CUPRA Passport, the User should access their private area on the CUPRA website, using their CUPRA ID login, and go to the section “My Garage”. If they do not have a CUPRA ID, they should create one. The terms and conditions of use for CUPRA ID are independent of these terms and conditions, but the User must nevertheless read and accept them.

3.2 Be the main user of the online mobile services “CUPRA CONNECT” provided by CUPRA (hereinafter the “Online Mobile Services”). A valid Online Mobile Services contract linked to the vehicle must exist. To clarify this point, it is not necessary to contract the renewals of the Online Mobile Services. It is sufficient to carry out the initial registration and contract of these services. Independent terms and conditions apply to the Online Mobile Services and the user should accept these separately.

3.3 Only the owner of the vehicle may make use of CUPRA Passport.

4. Duration and termination

4.1 These Conditions of Use come into force when the User logs into CUPRA Passport for the first time.

4.2 CUPRA Passport is provided for an indefinite period, that is, no fixed deadline is envisage.

4.3 The User may terminate this contract at any time with immediate effect, without disconnecting their CUPRA ID from CUPRA Passport. In this case, the functions and any stored information will no longer be available to the User. The User has the right to recover any digital content they created on using CUPRA Passport free of charge (for example: by downloading the report on their Vehicle). In the event of any queries, the User may contact CUPRA at their contact e-mail address (“see clause 1”).

4.4 CUPRA may terminate the contract with one month's notice, if they no longer provide CUPRA Passport. If, for legal, technical or security reasons, it is not possible to comply with the period of notice, CUPRA will notify the User with as much notice as possible. 

4.5 In addition, CUPRA may terminate the contract if the User fails to comply with these Conditions of Use. CUPRA will notify the User via e-mail giving reasonable notice prior to the rescission and will give them the opportunity to discontinue or remedy the non-compliance or inappropriate behaviour within the time indicated. If the non-compliance is considered serious, that is, if it implies risk or damage to the computer security of the Vehicle, the Website or the data server, CUPRA may terminate the contract immediately, and block the User's access.

5. Intellectual and Industrial Property 

5.1 All the Intellectual and Industrial Property rights over the Website, information, texts, data, images, designs, software, brands and other content of the Website are the property of CUPRA and/or its licensors. Their use, reproduction, transmission, transformation, distribution or operation in any way by the User is therefore strictly forbidden, unless as part of the service of which the Website forms parts and exclusively for private purposes.

5.2 When using the Website, the User must not decompile, disassemble or apply reverse engineering to the same. In addition, the User must always refrain from deleting, altering, avoiding or manipulating any protective device or safety systems that may be installed on the Website.

5.3 The User recognises and accepts that the use of the Website does not imply the transfer of any intellectual or industrial property right, such as copyright, trademarks, designs or other rights over the Website; nor does it in any way constitute authorisation for the creation of developments derived from the Web except for the limited use licence granted to Users for their use of the Website under the terms and conditions laid out here.

5.4 The User grants CUPRA a non-exclusive, unlimited, integral, transferable, free and sub-licensable right of use over the data which are not of a personal nature, particularly the technical data, or any data whose personal reference has been suppressed (anonymised). CUPRA will always use this information within and under the legal requirements that may be applicable at any moment.

6. User Commitment

6.1 The User recognises and accepts, voluntarily and expressly, that the use of the Website is always made at their sole and exclusive responsibility.

6.2 Through CUPRA Passport, information may be displayed about the Vehicle entered by the User or by third parties. As the User is the owner of the vehicle, they must check that the information is correct and accurate, especially if it is to be shared with other parties.

6.3 The User is bound to comply with these Conditions of Use, and to comply with any special warnings or instructions for use contained therein.

6.4 The User undertakes not to misuse the website, and not to use it to distribute information through the same:

• To use the Website or part thereof in other private or commercial websites, or to make commercial use of the Website; or to establish hyperlinks to the Website or any of its content (unless with express written authorisation from CUPRA).
• To alter, copy, modify, decompile, disassemble, apply reverse engineering, grant licences, lease, sell or imitate the Website or its content. 
• To transmit a virus or other harmful component which damages, limits or harms the Website or any connected network or which interferes with the use and enjoyment of the Website by other users.
• To disclose, extract, reuse, resend or use in any way, in whole or in part, in any medium or format, any parts of the Website belonging to CUPRA without the express prior consent of the company.

6.5 CUPRA reserves the right to block access to certain services of the Website to any User. In the event of violation of these Conditions of Use, third-party rights or the applicable legislation and the undertakings laid out in this provision. CUPRA will retain all other additional rights to which they may be entitled with respect to the User, particularly those referring to the start of criminal or civil proceedings.

6.6 The User guarantees that the information, materials, content or observations that do not constitute personal information but that they provide to CUPRA do not violate the intellectual and industrial property rights of third parties or any other legal provision.

7. 1. Warranty exclusion

CUPRA will adopt all reasonable measures to ensure the correct working of the Website. Nevertheless, CUPRA cannot guarantee the absence of interruptions to the service for repair work and/or Web maintenance or due to lack of signal or equipment failure and/or faults in the networks required for the data transmission, which are beyond their control. CUPRA will take the necessary measures to reduce these interruptions.

8. Responsibilities

8.1 The User uses the Website at their own risk. On entering the website, they are bound to use it in accordance with the Law, answering to CUPRA and/or third parties, for any damage that may be caused because of the failure to comply with this obligation.

8.2 The User should check that the information displayed through CUPRA Passport, in relation to their Vehicle, is correct and accurate.

8.3 CUPRA cannot be considered responsible for errors or damage to security that may occur in the User computer system (hardware and software) or the files and documents stored therein due to the presence of viruses in the computer used to connect to the services and content of the Website, the failure of a browser, the use of obsolete browser versions or due to telephonic breakdowns, interference, omissions, or disconnections in the operational working of the electronic system due to causes beyond the company's control.

8.4 In any case, the User will be totally responsible for any data or content transferred or disclosed to CUPRA. CUPRA does not control or monitor any of the afore-mentioned content, unless this is laid down by the competent court in an administrative ruling and reserves the right to eliminate or prevent its display until the ownership of the material in question or its legality has been demonstrated.

8.5 In as far as is legally possible, CUPRA does not accept responsibility for any errors or omissions that may be found in the content of the Website or others that can be accessed through it.

8.6 CUPRA does not control, as a general rule, the use that Users make of the Website. In no event does CUPRA guarantee that Users use the Website pursuant to the law, these Conditions of Use, ethics, generally accepted good practices and public order, or that they do so with due diligence and caution. Consequently, CUPRA does not accept responsibility for the use that the User makes of the content of the Website that may imply an infringement of any type of regulation, national or international, of the intellectual and industrial property rights or any other third-party rights.

9. Data protection

CUPRA will protect Users' personal data and only use them in as far as is permitted by the law or provided the Users have given their consent. Users can find information about the processing of their personal data in the Privacy Policy.

10. Links to other websites and social media

This Website may contain links to other websites, social media and/or third-party applications, with the aim of providing the User with access to information from partner or sponsor companies. SEAT CUPRA does not have control over these and does not accept liability for their content, functioning or the transmission received by said third parties. SEAT CUPRA offers the user these links and information and/or services only for the convenience of the User, who is responsible for reading and accepting the terms and conditions of use and privacy policies published on the linked web sites or applications.

In addition, SEAT CUPRA cannot control the information, content, products or services provided by third parties with established links to the Website. Consequently, SEAT CUPRA does not accept liability that may arise from the use by the User of third-party functions, technologies, services or platforms. In this respect, the User undertakes to maintain SEAT CUPRA free of any liability or payment for damage because of infringements or incidents relating to the use of these third-party functions, technologies, services or platforms, despite being available through the Website.

11. Modifications to the Conditions of Use and scope of the services of the Website

11. 1 CUPRA reserves the right to modify or update this Conditions of Use at any moment and for any valid reason (for example: due to a change in the services offered, or a legal change). The User can find the updated version of these Conditions of Use at any moment on the Website.

11.2 In addition, CUPRA reserves the right to modify, extend or reduce the scope of the services of CUPRA Passport, or to change its functions at any moment. This is due to the rapid development of new technologies, requiring CUPRA to regularly adapt the technical content of the Website.

12. Notification of possible infringements

12.1 CUPRA respects the rights of third parties and the applicable legislation. The User of this Website is bound to do the same.

12.2 If any User detects an offensive use of this Website and/or a use for purposes contrary to the applicable legislation, they should report this to CUPRA immediately via e-mail cupra-responde@cupraofficial.es.

13. Independence and integration of the clauses

The unlawfulness, invalidity and non-effectiveness of any of the clauses of the present Conditions of Use will not affect the effectiveness of the remaining clauses, provided the rights and obligations of the Parties derived from the Conditions of Use are not substantially affected. Substantial is understood as any situation that severely harms the interests of the any of the Parties, or which falls upon the purpose of these Conditions of Use. These clauses should be replaced or integrated with others that, following the law, fulfil the purpose of the replaced clauses.

14. Applicable legislation, competent legal authorities

14.1 These Conditions of Use are governed by common Spanish law. If the User is a consumer, the laws of the state in which the User has registered their address or normally resides at the time of the contract execution will be applicable.

14.2 Any dispute arising from this contractual relation will be submitted to the competent courts of the city of Barcelona (Spain). Notwithstanding the above, if the User acts as a consumer, these disputes will be submitted to the courts in the consumer's place of residence, if this is established by the legislation applicable to the consumer.

14.3 The User, if acting as the consumer, may also submit any dispute arising from or in relation to these General Terms and Conditions to an alternative dispute resolution ("ADR") procedure. The European Commission list of available alternative resolution platforms can be viewed at: https://webgate.ec.europa.eu/odr/main/index.cfmevent=main.home.chooseLanguage.

14.4 Notwithstanding the above, CUPRA is not disposed or obliged to take part in the online dispute resolution procedure before the consumer arbitration board.

14.5 This clause only applies to consumers with registered address or usual place of residence in a Member State of the European Union and does not affect the legal regulations regarding the alternative consumer dispute resolution that may exist in countries outside the European Union.

© SEAT, S.A.U. 2024. Reproduction in whole or in part is strictly forbidden. All rights reserved.