1. INTRODUCTION AND COMPANY DATA
This text constitutes the Disclaimer of the Website owned by COMPAÑÍA ESPAÑOLA DE PETROLEOS, S.A. (CEPSA) (hereinafter, CEPSA) located at the URL www.cepsa.com.
CEPSA is an entity whose registered corporate address is at Torre CEPSA Paseo de la Castellana, 259 A 28046 Madrid, holder of Tax ID Code A28003119 and recorded in the Companies Registry of Madrid (Page M-12,689, Volume 588, Folio 35).
CEPSA adheres to the Code of Ethics of CONFIANZA ONLINE..
2. PURPOSE AND SCOPE OF APPLICATION
This Disclaimer regulates access to and use of the Content offered by CEPSA through its Website. However, CEPSA hereby reserves the right to modify the presentation, configuration and content of the Website and of the Services, as well as the conditions required for access and/or use. Access to and use of the Content and Services after the entry into force of any modifications thereof or any changes to the conditions means acceptance of the same.
Access to certain content and the use of certain services may be subject to certain particular conditions that, depending on the case, could replace, complement and/or modify this Disclaimer or the general conditions of use. In the event of a contradiction, the terms of the particular conditions will prevail over the general conditions.
Simply accessing, browsing and using the Website involves and means that the User accepts this Disclaimer.
In this regard, a User will be understood as the person who accesses, browses or views the content hosted on the Website, and a Registered User will be understood as a User who accesses, browses and registers to use, store and/or download the Content and/or make use of the Services of the Website.
3. Obligations of the user
Access to and browsing of the Public Area of the Website does not require Registration, with the exception that in order to make use of certain functions and/or services, it may be necessary to provide the required data.
The User of the Public Area or Private Area undertakes the following:
- To accept and comply with the provisions set forth in this Disclaimer and in any document that may form an integral part of the same.
- Not to store or communicate, through the Website, any Content that may be contrary to legislation in force, to decency or to public order, as well as any content whose nature may be defamatory, aggressive, obscene, sexually explicit, offensive, violent or inciting violence, racist or xenophobic or, in general, illegal or detrimental to the rights and/or physical and/or moral integrity of people.
- To register and provide actual, exact, truthful and updated personal data.
- To access the Website exclusively using his/her username and password. Using the username and password of other Users is prohibited.
- To change the password when accessing for the first time.
- In the event that the data of a third party is provided, to obtain the informed consent of that third party to provide their personal data to CEPSA.
- Not to distribute the personal data of other Users of the Website without prior and express authorization from the same.
- Not to defame, abuse, bother, accost, threaten or in any other way violate any right of other Users or of any other person.
- Not to eliminate or attempt to suppress any security measures that are adopted and implemented on the Website.
- Not to manipulate either the hardware or software that may be necessary for using the Website.
- To make diligent use of the password and keep it secret, thus not communicating it to any third party.
- Not to assign the username or password to third parties, either temporarily or permanently, or allow access to the same by unrelated parties.
- To immediately notify the managers of the Website about any fact that may result in undue use of usernames and passwords, such as theft, loss or unauthorized access to the same, so that they can be immediately cancelled.
- To comply with the provisions set forth in legislation in force.
4. Registration in the private area
Access to and browsing in the Private Area of www.cepsa.com requires prior registration of the User. User registration in the Private Area means that the User gives his/her consent to have a personal and unique password assigned. If a registered User forgets his/her password, s/he may request a new one through the Reserved Area. CEPSA may not be held liable for the situations that may occur due to the possible improper or fraudulent use of the password made by a person other than the registered User.
Access to and browsing in the Website, specifically in the Private Area, by minors under the age of 14 years is prohibited, unless they have prior and express authorization from their parents, guardians or legal representatives, who will be considered liable for all acts that the minors under their care may carry out, in accordance with current legislation. In any event, it will be presumed that any access to the Website by a minor has taken place with the prior and express authorization of their parents, guardians or legal representatives.
Once the User has registered in the Private Area of the Website, s/he may sign up for the services offered by CEPSA.
The e-document and e-billing services allow users to access information about the issuance of electronic documents of the contracts that they may have with the CEPSA Group. However, in order to cease receiving documents by paper, the registered User must accept the “electronic documents agreement” once in the system.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
CEPSA is the holder or has obtained the corresponding license to the rights of use of the intellectual and industrial property of the Website, as well as the intellectual and industrial property rights on the information and the contained materials and on the structure, selection, ordering and presentation of the Content and the Services thereof and on the products that are available through the same, as well as the computer programs that are used with respect to the Website.
Accessing, browsing, using, storing and/or downloading the Content and/or use of the Services of the Website by the User in no event will be understood as a waiver, transmission, license or total or partial assignment of the aforesaid rights by CEPSA or, if applicable, by the holder of the corresponding rights. The User only holds a strictly private right of use, solely for the purpose of enjoying the Services provided.
Consequently, neither the copyright nor any other data identifying the rights of CEPSA or of the respective copyright holders included in the Content and/or Services may be suppressed, avoided or manipulated, including the technical protection devices or any other information and/or identification mechanisms that may be contained in the same.
In particular, it is categorically prohibited to use the Content of the Website for the total or partial inclusion thereof in other Websites unrelated to the Website without having the prior and written authorization of the owners of www.cepsa.com.
All references to commercial or registered names and trade marks, logotypes or other distinctive signs, whether owned by CEPSA or by third companies, implicitly involves the prohibition to use the same without the consent of CEPSA or of their legitimate proprietors. Unless otherwise expressly stated, at no time does access to or use of the Website and/or of the Content and/or Services thereof give the User any right over the trade marks, logotypes and/or distinctive signs included therein that are protected by Law.
“Una vez que el usuario se haya registrado en el Área Privada del Sitio Web, puede suscribirse a los servicios o funcionalidades que se encuentran en cada una de dichas Áreas.
All intellectual and industrial property rights are reserved. It is particularly prohibited to modify, copy, reuse, exploit, reproduce, transform, publicly disclose, issue second or subsequent publications, upload files, send by e-mail, transmit, use, process or distribute, in any way, all or part of the Content and products included on the Website for public or commercial purposes, unless there is express and written authorization from CEPSA or, if applicable, from the holder of the corresponding rights.
6. LICENSE ON COMMUNICATIONS
In the event that the User sends information of any kind to CEPSA through the Website using the channels provided for such purpose at the web page itself, the User declares, assures and accepts that s/he has the right to do so freely, that said information does not violate any right of industrial property, of trade marks, of patents or of commercial secrecy or any other right of a third party, that said information is not confidential and that said information is not detrimental to third parties.
The User acknowledges that s/he assumes the liability for and will hold CEPSA harmless due to any communication that s/he may personally provide or provide on his/her behalf, which liability includes, without restriction, the accuracy, legality, originality and ownership of said communication.
7. LIABILITIES AND GUARANTIES
CEPSA cannot guarantee the reliability, utility, suitability or veracity of the services provided or of the information supplied through the Website.
CEPSA likewise declares that it has adopted all the necessary measures, within its possibilities and according to the state of technology, to guarantee the operation of the Website and to prevent the existence and transmission of viruses and other harmful components to Users.
Nevertheless, CEPSA does not guarantee and may not be held liable for the following: (i) the continuity of the content of the Website; (ii) the absence of errors in said content or products; (iii) the absence of viruses and/or other harmful components on the Website or on the server where it is provided; (iv) the invulnerability of the Website and/or the impregnability of the security measures that may be adopted at the same; (v) the lack of utility or performance of the content and products of the Website; (vi) the damages that may be caused to itself or to a third party by any person who may violate the conditions, rules and instructions that CEPSA establishes on the Website or by breaching the Website’s security systems.
If the User becomes aware of the existence of any illicit, illegal or unlawful content or content that could mean a violation of intellectual and/or industrial property rights, the User must immediately notify CEPSA so that it can proceed to adopt the appropriate measures.
8.1. Links to other Websites
In the event that, on the Website, the User finds links to other websites through the use of various buttons, links, banners, etc. said websites would be managed by third parties. CEPSA has neither the authority nor the human or technical means to know, control or approve all the information, content, products or services provided by other websites to which links may be established from the Website.
Consequently, CEPSA may not assume any type of liability for any aspect related to a website to which a link could be established from the Website, specifically including but not limited to its operation, access, data, information, files, quality and the reliability of its products and services, the links themselves and/or any of the content thereof, in general.
In this regard, if Users become aware of the illegality of the activities developed through such websites of third parties, they must immediately notify CEPSA so that it can proceed to disable the access link to the same.
The establishment of any kind of link from the Website to a different website shall not imply any type of relationship, cooperation or dependency between CEPSA and the responsible party of the unrelated website.
8.2. Links on other websites to the WebsitE
If any User, entity or website wishes to establish any kind of link to the Website, they must abide by the following stipulations:
- The link may only be directed to the Home Page of the Website unless there is express and written authorization from CEPSA.
- The link must be absolute and clear; that is, it must take the User to the address of the Website’s URL with one click, and it must show the complete screen of the Website’s Home Page. Unless expressly authorized in writing by CEPSA, in no event may a website that establishes a link reproduce the Website in any way, include it as part of that website or include it within one of the other site’s frames or create a browser on any of the Website’s pages.
- The page where the link is established may not make any statement to the effect that CEPSA has authorized such link, unless CEPSA has done so expressly and in writing. If the entity that correctly makes the link from its page to the Website wishes to include the trade mark, name, commercial name, sign, logotype, slogan or any other type of identifying element of CEPSA and/or of the Website, it must have previously obtained CEPSA’s express and written authorization.
- CEPSA does not authorize the establishment of a link to the Website from those websites that may contain illicit, illegal, degrading or obscene materials, information or content or, in general, any content that may be contrary to decency, public order or generally accepted social standards.
8.3. Services provided by third parties through the Website
- CEPSA does not guarantee the legality, reliability or utility of the services provided or of the Content supplied by third parties through this Website or of those for which CEPSA solely acts as the publicity channel.
- CEPSA may not be held liable for the damages of any kind caused by the services provided by third parties or for the Content thereof that may be advertised through the Website, hereby particularly including but not limited to those caused by the following:
- A violation of the law, decency or public order.
- The incorporation of a virus or any other computer code, file or program that may damage, interrupt or prevent the normal operation of any software, hardware or telecommunications equipment.
- The violation of Intellectual and Industrial Property Rights or contractual commitments of any kind.
- Performing acts that may constitute illicit, deceitful or unfair advertising and which, in general, may constitute unfair competition.
- The lack of veracity, accuracy, quality, pertinence and/or updated nature of the content that may be transmitted, distributed, stored, received, obtained or made available or accessible.
- The violation of the rights to honor, to personal and family privacy and to the image of persons or, in general, the violation of any type of third-party rights.
- Unsuitability for any kind of purpose and the deception of generated expectations, or the faults or defects that could be generated with respect to third parties.
- A breach, delay in compliance, defective compliance or termination of any kind of obligations contracted by third parties and of contracts made with third parties.
- The communication of data that may occur between Users.
In those cases in which third-party entities advertise their services and/or Content on the Website, CEPSA shall not be held liable for the veracity of the information provided by the supplier of said services and/or Content, for the attainment of the administrative authorizations that may be required of the supplier to provide his/her services, for the violation of third-party rights by the supplier or, in general, for any obligation or guarantee that the supplier may be required to make to Users.
CEPSA has neither the authority nor the human or technical means to know, control or approve all the information, content, products or services provided by other Websites that may have links established to the Website. CEPSA does not assume any type of liability for any aspect related to a Website that establishes such a link to the Website, specifically including but not limited to its operation, access, data, information and files and the quality and reliability of its products and services, of the links themselves and/or of any of the content thereof, in general.
At the Cookies Policy published on this Website, you can obtain all the information about the used cookies.
11. TERM AND MODIFICATION
CEPSA may modify the terms and conditions stipulated herein, either totally or partially, by publishing any change in the same way that this Disclaimer appears or through any other type of communication addressed to the Users.
The time validity of this Disclaimer therefore coincides with the time that it is published, until it may be totally or partially amended, at which time the amended Disclaimer will come into force.
Independently of the provisions set forth in the particular conditions, CEPSA may deem that access to the content of the Webpage should be terminated, suspended or interrupted at any time without prior notice, for which the User may not demand any type of compensation. After such termination, the prohibitions of use of the content previously set forth in this Disclaimer will continue to be in force.
12. GENERAL CONSIDERATIONS
The headings of the different clauses are merely informative, and they will not affect, qualify or expand upon the interpretation of the Disclaimer.
In the event of any discrepancy between the provisions set forth in this Disclaimer and the particular conditions of each specific service, the provisions in the latter will prevail.
In the event that any provision or provisions of this Disclaimer may be deemed to be void or inapplicable, either totally or partially, by any Court, Tribunal or appropriate administrative body, said annulment or inapplicability will not affect the other provisions of the Disclaimer.
The failure to exercise or enforce any right or provision contained in this Disclaimer by CEPSA will not constitute a waiver of the same, unless it is thus acknowledged and agreed in writing by the same.
The parties agree to be bound by the courts and tribunals in the user's judicial district for the settlement of any conflicts that may arise, waiving any other jurisdiction. Furthermore, as a member of CONFIANZA ONLINE and in adherence to its Code of Ethics, in the event of controversies regarding online advertising and sales, data protection, protection of minors and accessibility, the User will have access to the out-of-court conflict resolution services of CONFIANZA ONLINE (www.confianzaonline.es).
Madrid (Spain), November 2017