en:company:Legal Note MT/EN

Legal Information.

1. Introduction

Continental Cars Limited (hereinafter “Continental Cars”) and SEAT S.A. (hereinafter “SEAT”)  is a Malta company with registered office at SEAT - Continental Cars Ltd, Ta' Xbiex, Malta, Tax Identification number C 2840 and registered as Non-govt company and is registered at Registrar of Companies, Ernakulam.

Continental Cars Private Limited's Annual General Meeting (AGM) was last held on N/A and as per records from Ministry of Corporate Affairs (MCA), its balance sheet was last filed on N/A.

Directors of Continental Cars Private Limited are Perumbadi Mohamedali Shabeen, Arakkal Kuruppath Suhara.

Continental Cars Private Limited's Corporate Identification Number is (CIN) U50500KL2017PTC048784 and its registration number is 48784.Its Email address is shabeen@alygroup.co.in and its registered address is Building no. PP/V/17 F, Panangangara, 38 Mile, Ramapuram P.O, Makkaraparamba Malappuram Malappuram KL 679321 IN.

SEAT is the holder of all intellectual property rights or any other rights over the web portal https://www.seat.com.mt/ (hereinafter, “Web Portal” or “Web”).

The present terms of use (hereinafter, “Terms of Use”) regulate the access and use of the Web Portal by users (hereinafter, the “Users”) and shall be complemented with any other legal text that governs any functionality, service, process, application, platform or means necessary for the use of the Web Portal or included in the same.

2. Purpose and Scope

The aim of the Web Portal is to advertise and to provide relevant information of the characteristics of SEAT’s products, services and/or of those of its group of companies.

In this regard, SEAT grants to the Users a non-exclusive, non-sub-licensable, non-transferable license for the use the Web Portal, functionalities, content and other features available in such Web Portal, which will be subject to the rest of the terms set forth in the present Terms of Use, as well as to any other terms of use and applicable legislation. 

3. Intellectual and Industrial Property

All intellectual and industrial property rights of the Web Portal (including but not limited to all information, data, databases, texts, graphics, designs, pictures, sounds, animations, videos, software, logos, trademarks, industrial designs, know-how, industrial or commercial secrets and other contents) are the exclusive property of SEAT or its licensors. Therefore, the use, reproduction, transmission, dissemination, disclosure, public communication, processing, distribution, transformation or exploitation of them by the User is prohibited, in any way, except as part of the service that includes the Web Portal and for private purposes only.

When using the Web Portal, the User may not decompile, disassemble or reverse engineer it. Likewise, the User shall refrain from deleting, altering, evading or manipulating any protection device or security system that may be installed in the Web Portal.

The User acknowledges and agrees that the use of the Web Portal does not suppose the transmission of any intellectual or industrial property rights, such as copyrights, trademarks, designs or other rights on the Web Portal, nor constitutes authorization for the creation of developments arising from the Web Portal except of the limited license to use the Web Portal under the terms herein.

Users grant SEAT a non-exclusive, not limited, transferable and sub-licensable right of use over the non-personal data, especially technical data and data which the personal reference was erase (anonymized data) and over any content, ideas, suggestions, material and information included by the User in the Web Portal, for the maximum term permitted by law and for its use in the broadest terms by SEAT.

4. Modifications to the Terms of Use and Scope of Services of the Web Portal

SEAT is entitled to amend or update the present Terms of Use at any time. The User will be explicitly informed, within a reasonable period of time, about any change regarding the Terms of Use of the Web Portal. In this regard, Users will find an updated version of these Terms of Use in the Web Portal. SEAT reserves the right to extend, reduce or amend the Web Portal services by means of updates.

Furthermore, SEAT reserves the right to modify, expand or reduce the scope of the services comprising the Web Portal, its functions and contents or its structure and design at any time. This is due, in particular, to the fast evolution of new technologies which directs SEAT to perform regular adjustments in technical contents of the Web Portal.

Any information related to SEAT (composition and prices of products, services, offers, promotions, draws, campaigns, corporate details, etc.) which could be published or distributed in other websites, e-mails, forums or similar, shall be considered as indicative and could be subject to change.

The data and information provided in this Web can be related to versions or models, which cannot be purchased, as they are prototypes, trial versions or limited editions, which are not manufactured anymore. The technical specifications, pictures and equipment of the models can change without prior notice as well as any other information contained herein because of the continuous improvement commitment regarding the products of SEAT.

The use of the Web Portal is free, for personal and non-commercial use. However, such use of the Web Portal could involve data consumption. SEAT is not responsible for the costs of communication, transmission of data or Internet connection incurred by the User. Consult your operator for more information.

5. Misuse

The User agrees not to misuse the Web Portal, and not to use or distribute information through the same to:

  • Carry out activities against the law, the present Terms of Use, morality, good customs and established public order, or for illegal purposes, prohibited or aiming at violating the rights and interests of SEAT or third parties. In particular but not exclusively, against copyrights, registered names or trademarks, as well as against privacy rights.
  • Use the Web Portal or a part of it in other private or commercial websites and make commercial use of the Web Portal; nor to establish hyperlinks to the Web Portal or any of its contents (unless expressly authorized in writing by SEAT).
  • Alter, copy, modify, decompile, disassemble, do reverse engineering, grant licenses, lease, sell or imitate the Web Portal or its contents, in accordance with provisions of the present Terms of Use.
  • Pass on virus or other harmful component that may affect, impair or damage the Web Portal or any connected network or which may interfere with the use and enjoyment of the Web Portal by other Users.
  • Disclose, extract, reuse, resend or in any way use, totally or partially, in any medium or support of any of the parts of the Web Portal belonging to SEAT without the prior and express consent of the company.

SEAT is entitled to block access to certain Web Portal’s services to any User in case the User violates these Terms of Use, third party rights or applicable law and, in particular, the commitments under this clause. SEAT shall retain all other additional legal remedies which may correspond against the User, in particular concerning the initiation of criminal or civil proceedings.

6. Products and Prices

The prices shown in the Web Portal shall be understood as suggested retail prices, registration fee and transport tax. Nevertheless, it should be taken into account that depending on the Autonomous Community in which the vehicle is going to be registered, taxes can vary in accordance with the corresponding regulations and therefore, the final recommended retail price can differ.

Any official dealer of SEAT is at your disposal in order supply detailed information about the whole range of products and services contained in the Web as well as to provide more precise data to meet your needs and preferences.

The pictures and colors of the shown paints may not match with the real range of the products marketed by SEAT and its official dealers.

7. Notification of Potential Violations

SEAT respects third parties rights and the applicable law. The User of this Web Portal is bound to do the same. 

If any User detects an offensive use of the Web Portal or for unlawful purposes, User shall notify SEAT by sending an email to shabeen@alygroup.co.in immediately.

8. Service and Warranty Exclusion

SEAT will make every effort to ensure the proper operation of the Web Portal. However, SEAT cannot ensure that there will be no interruptions of the service when performing repairs and/or maintenance works on the Web Portal, or lack of coverage or errors in the equipment’s and/or in the necessary network for the data transmission, which are outside its control. SEAT will take the appropriate measures to reduce said interruptions.

Although SEAT makes its best efforts so that the information contained in the Web Portal is updated and accurate, such information has to be considered only as indicative and therefore, its sole purpose is to represent a guiding element in order to provide general data, but not detailed or specific information about products and services appearing in the mentioned website. In this respect, said information can be subject to the changes and should not be understood as representing a firm offer, promotion or marketing of products or services related to SEAT.

9. Responsibilities

The User makes use of the Web Portal at its own risk. By accessing to the Web Portal the User is obliged to use it pursuant to the Law, and shall be liable before SEAT or third parties for any damage resulting from any breach of said obligation. In this sense, SEAT shall not be held liable for any consequence, damage or prejudice that may arise out of such access to or use of the information.

In any case, the User shall be fully responsible for the data and content transmitted or communicated to SEAT. SEAT does not control or monitor any of such content, unless otherwise stated by a competent court or an administrative decision. SEAT reserves the right to remove or prevent the display of said content until proven the ownership of the material in question, or the legality of it.

SEAT accepts its share of responsibility pursuant to the current legislation, in particular, as for liability for willful misconduct or gross negligence in connection with the operation of the Web Portal and for guarantees expressly granted by it.

SEAT is not responsible for any possible security errors that may occur or for any damage caused to the User’s device (hardware and software) and/or to the files or documents stored therein as a result of the presence of virus in the User's device used to log in services and contents of the Web Portal, for any failure of the Internet connection, telephone breakdowns, interference, omissions, or disconnections in the operation of the Web Portal caused by factors beyond SEAT’s control.

This Web Portal may contain links to other web sites (including social networks) and incorporate information and/or services obtained from third parties, in order to facilitate to the User access to information from corporate partners or sponsors. SEAT has no control over them and is not responsible for its content, its operation or transmission received from such third parties. SEAT offers the Users such links and information and/or services solely for the convenience of the Users, remaining on them the responsibility to read and accept the terms of use and privacy policy posted on web sites linked. Under no circumstances, will personal data be exchanged with such external websites.

Furthermore, SEAT cannot control the information, content, products or services provided by third parties that have established links to the Web Portal. Consequently, SEAT does not accept any liability that may arise from the use by the User of any third party functionalities, technologies, services or platforms. In this regard, the User undertakes to keep SEAT harmless from any liability or payment of any damages as a consequence of any infringement or incident related to its Use of such third party functionalities, technologies, services or platforms, despite being available through the Web Portal.

SEAT does not control, in general, the use of the Web Portal by the Users. In particular, SEAT does not grant that the Web Portal use by the Users is according to the law, to the present Terms of Use, moral, public order, and general accepted good customs, nor they use with diligently and prudently. As a result, SEAT would not be responsible for the Users’ use of the Web Portal content that may imply a violation of a national or international law, or intellectual property rights or any other third party right.

10. Data protection

SEAT shall protect the Users personal data and shall use it only insofar as this is permitted by law or provided that Users have given their consent. Users can find further information on this matter in the Privacy Policy.

11. Cookies policy and similar technologies

Users can find more information on this subject in the Cookies Policy.

12. Severability

The illegality, invalidity or nullity of any of the clauses of this Terms of Use will not affect the validity of its other clauses, provided the rights and obligations of the Parties under the Agreement are not affected in an essential manner. Essential is understood as any situation that seriously damages the interests of any of the parties, or affects the purpose of this Terms of Use. Such clauses are to be replaced or included in other clauses that, in accordance with law, serve the same purpose as the substituted clause.

13. Applicable Law, Competent jurisdictional courts

a. The present Terms of Use are governed by the Spanish common law; If the User has the status of a consumer, these Terms of Use will also be subject to any applicable local legislation.

b. All disputes or claims related to this Terms of Use shall be subject to the jurisdiction of the Courts and tribunals of the city of Barcelona (Spain), and in the case of a User acting in his capacity as a consumer, to the court of domicile that corresponds to the User / consumer.

c. The User, in case of acting as a consumer, may also submit any dispute arising from or related to these Conditions of Use to an alternative dispute resolution procedure ("ADR"). The list of ADR platforms available from the European Commission can be found at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.

© SEAT, Continental Cars Private Limited 2018. Total or partial reproduction is forbidden. All rights are reserved.

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