1. INTRODUCTION AND COMPANY DATA
COMPAÑÍA ESPAÑOLA DE PETRÓLEOS, S.A. (CEPSA) (hereinafter, CEPSA), with registered offices at Torre CEPSA, Paseo de la Castellana, 259 A, CP 28046 Madrid, Spain, and Tax Identification Number (NIF) A28003119, is registered in the Trade and Companies Register of Madrid (Spain) (Page M-12.689, Volume 588, Folio 35), is the Company that owns the website of this Legal Notice and owns the registered domain names: "cepsa.es" and "cepsa.com".
CEPSA adheres to CONFIANZA ONLINE's Code of Ethics.
2. OBJECT AND SCOPE OF APPLICATION
This Legal Notice regulates the access and use of the CEPSA website.
CEPSA reserves the right to modify the presentation, configuration and content of the website and services as well as the conditions required for access and/or use. The access and use of the contents and services, after the entry into force of their modifications or changes of the conditions, shall imply acceptance of them.
Access and use of the content and services by the users may be subject to certain particular conditions which may, depending on the case, replace, supplement and/or modify this legal notice. In the event of contradiction, the terms of the particular conditions of the general conditions shall prevail.
Access, navigation and use of the website implies the acceptance by the User of the terms and conditions of the legal notice.
It is understood by “User” a person accessing, browsing or viewing the contents of the website and it will be understood by “Registered User” a person accessing, browsing who registers to use, upload and/or download the contents and/or use the website services.
3. USER OBLIGATIONS
Access and navigation in the website page does not require registration, except for the use of certain functions and/or services for which it may be necessary to provide the data requested in each case.
The User of the public or private area undertakes to:
- Accept and comply with the Legal Notice and any documents that form an integral part of it.
- Do not store or communicate through the website, content which is contrary to the existing legislation, ethical, public order, as well as those with defamatory character, aggressive, obscene, sexually explicit, offensive, violent or incitement to violence, racist or xenophobic, or in general, illegal or harmful to the rights and/or physical and/or moral integrity of persons
- Register and provide accurate and updated personal data.
- Access the website using only your username and password, making diligent use of them and keeping them secret. The use of the username and password of other Users is prohibited.
- Notify the website managers immediately of any facts that allow the misuse of usernames and passwords, such as theft, loss, or unauthorized access to them, with the purpose to immediately cancel them.
- Change the password on the first access.
- If data from a third party is provided, obtain informed consent from the third party to provide its personal data to CEPSA.
- Do not disclose personal data of other Users of the website without prior and express authorization from them.
- Do not defame, abuse, disturb, harass, threaten or otherwise infringe the rights of other Users or other people.
- Do not eliminate or attempt to remove any security measures adopted and implemented on the website.
- Do not manipulate both, the necessary “hardware” and “software” for the use of the website.
4. Registration in the private area
Access and navigation in the private area of the website requires prior registration of the User. The User will consent to be assigned a personal and unique password. If the registered User forgets his password, he or she can apply for a new one through the reserved area. CEPSA will not be responsible for any situations that arise due to inappropriate or fraudulent use of the password by a person different than the registered User.
Access and navigation on the website is prohibited and in particular in the private area by minors under 14 years of age, unless they have prior and express authorization from their parents, guardians or legal guardians responsible of the same. In any event, the access by a minor of fourteen (14) years old to the website shall be presumed to have been made with prior and express permission of the parents, guardians or legal guardians.
Once the User has registered in the private area the same can access the services and products that CEPSA and its group of companies make available.
The “e-documents” or “e-invoices” services allow the User to access information regarding electronic documents of the contracts kept with the companies of Grupo CEPSA. However, in order to stop receiving paper documents, the registered User must accept the “Electronic Documents Agreement” from this website.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
CEPSA is the owner or has obtained the relevant license on the intellectual and industrial property rights of the website, as well as intellectual and industrial property rights on information and materials contained therein, the structure, selection, management and presentation of its content, services and products available through the same, as well as the computer programs used on the website.
Access, navigation, use, hosting and/or download of the content and/or use of the services of the website by the users shall under no circumstances be construed as a waiver, transmission, license or total or partial assignment of the aforementioned rights by CEPSA or, in its case, of the holder of the corresponding rights. The User only has a strictly private right of use, exclusively for the purpose of accessing the website services.
Consequently, it is not permitted to delete, circumvent or manipulate the copyright notice or any other CEPSA identifying data of its rights or its respective incorporated holders in the contents, products and/or services, as well as technical protective measures or any information and/or identification mechanisms that may be contained therein.
It is expressly prohibited the use of the web content for total or partial inclusion on third-party websites without the prior written authorization by CEPSA.
References to names, trademarks, logos or other distinctive signs, whether owned by CEPSA or companies its Group or third parties, implicitly prohibits their use without the consent of the aforementioned parties or their owners. At no time, unless expressly stated, access to or use of the website and/or its contents and/or services, confers the right to the User on the trademarks, logos and/or distinctive signs contained in it and protected by law.
All intellectual and industrial property rights and copyrights are reserved and in particular it is prohibited to modify, copy, reuse, exploit, reproduce, transform, publicly communicate, make second or subsequent publications, upload files, e-mail them, transmit, use, treat, or distribute in any form all or any part of the web content for commercial purposes, without the express and written authorization by CEPSA or, where appropriate, the owner of the rights.
6. LICENSE ON COMMUNICATIONS
In the event that the User sends CEPSA any type of information through the website and the channels set for said purpose, the User declares, guarantees and accepts that he has the right to do so freely, that such information does not infringe any intellectual property, or industrial, trademark, patent, commercial secret, trademark, patent, trade secret, or any other right owned by third parties, that such information is not confidential and that is not detrimental to third parties.
The User acknowledges that he is responsible and will hold CEPSA harmless for any communication he performs. The responsibility will extend to the accuracy, legality, originality and ownership of the same without any restrictions.
7. RESPONSIBILITIES AND GUARANTEES
CEPSA declares that it has taken all the necessary measures, with a reasonable level of diligence, within its capabilities and the state of technology, to ensure the operation of the website and to prevent the existence and transmission of viruses and other harmful components to the Users. CEPSA shall be liable for its own services and for content originated directly by CEPSA.
However, CEPSA does not guarantee and shall not be liable for damages of any nature that may arise from: (i) The existence of errors in the services provided by third parties or in the information provided through the links contained on this Website; (ii) The lack of continuity, utility or performance of the services or contents of the Website, for reasons beyond CEPSA's control; (iii) Errors in the content or services; (iv) The existence of viruses, malware or harmful programs and/or other harmful components on the User's computer or in the services provided by third parties; (v) The invulnerability of the Website and/or the impregnability of the security measures adopted therein; (vii) The damages or losses caused, to themselves or to a third party, by any person who infringes the conditions, rules and instructions established by CEPSA on the Website or through the violation of the security systems of the Website.
If the User is aware of any illegal, unlawful content, contrary to the laws or that may constitute an infringement of intellectual and/or industrial property rights, or of any other third-party rights, he must immediately notify FUNDACIÓN CEPSA so the same can take the appropriate measures.
8.1. Links to other Websites
In case that in the website, the User would find links to other web pages, these would be managed by third parties. CEPSA does not have the power or the human or technical means to know, control or approve all the information, content, products or services provided by other websites to which access may be gained through its website. CEPSA will not assume any responsibility/liability for said links.
If a User is aware of illicit activities of a website to which gained access through this website, the same must notify CEPSA immediately to disable the link.
Establishing any kind of link from the website to another website will not imply any kind of legal relationship, collaboration or dependence between CEPSA and the person responsible for the other website.
8.2. Links to other Grupo Cepsa websites
If any User, entity or website wished to create any kind of link to the website, it should be made according to the following indications:
- The link can only be directed to the website homepage, except with the express and written authorization by CEPSA.
- The link must be absolute and complete, that is, it must take the User by one “click” to the URL address of the website itself and must include the full extension of the homepage of the website. In no case unless CEPSA expressly authorizes it in writing, the website creating the link may reproduce the website, include it as part of its website or within one of its "frames" or create a "browser" of any of the pages of the website.
- The page establishing the link, may not declare that CEPSA has authorized said link, unless CEPSA has expressly authorized it in writing. If the entity creating the link from its page to the website in a correct manner, it may wish to include on its website the brand name, commercial name, banner, trademark, logo, slogan or any other CEPSA identifying item and/or of this website, it must have the CEPSA express written authorization.
- CEPSA does not authorize the creation of a link to the website from web pages containing material, information or illegal content, unlawful, degrading, obscene and in general, contravene the moral, the public order or the generally accepted social norms.
8.3. Services provided by third parties through the websites of the CEPSA Group
- CEPSA does not guarantee the lawfulness, reliability and usefulness of the services provided and/or the content provided by third parties through this website where CEPSA acts only as a publicity channel.
- CEPSA will not be liable for damages of any kind caused by services provided by third parties advertising through this website. Including, but not limited to, those caused by:
- Failure to comply with the law, ethics or public order.
- The insertion of viruses or any other computer code, file or program that can damage, disrupt or prevent the normal operation of any software, hardware, or telecommunications equipment.
- Infringement of intellectual and industrial property rights, or contractual commitments of any kind.
- The conduct of acts which constitute illegal, misleading or unfair advertising and, in general, which constitute unfair competition.
- The lack of truthfulness, accuracy, quality, relevance and/or accuracy of the content transmitted, disseminated, stored, received, obtained, made available or accessible.
- Infringement of the rights to honor, privacy and the personal image of individuals or, generally, any kind of third party rights.
- The inadequacy for any kind of purpose and the falsehood of expectations generated by content, or the vices and defects that could be generated in the relationship with third parties.
- Failure to comply, delay in compliance, defective compliance or termination for any reason of third party obligations and contracts made with third parties.
- The communication of data between Users.
CEPSA shall not be responsible, in cases where third parties advertise their products, services and/or content on the website, for the veracity of information provided by third parties concerning such services and/or contents, obtaining administrative authorizations which may be required for the provision of their services, infringement of third party rights and, in general, any obligation or guarantee claim to the third party before the Users.
CEPSA does not have the power or the human and technical resources to know, control or approve all information, contents, products or services provided by other websites that have links to this website.
At the Cookies Policy published on this website, you can obtain the necessary information from the cookies used in the same.
11. DURATION AND AMENDMENT
CEPSA may completely or partially modify this Legal Notice, publishing the same on this website or any communication addressed to the Users.
CEPSA may terminate, suspend or interrupt at any time without notice, access to the contents of this website, without the User being able to require any compensation. After the termination, the prohibitions on use of the above content will remain in force.
In case that any point in this Legal Notice is deemed null and void by the Public Administration or Administration of Justice, such nullity or derogation shall not affect the other content of the Legal Notice.
The non-exercise or execution by CEPSA of any rights or provision contained in this Legal Notice shall not constitute a waiver of any rights or provisions, except by express written acknowledgment by CEPSA.
Our company is a member of Confianza Online (non-profit association), registered in the National Register of Associations Group 1, Section 1, national number 594400, CIF G85804011, Calle la Palma 18, 4º 1, 28014 Madrid, Spain. For further information: www.confianzaonline.es.
These General Conditions are governed by Spanish law. Likewise, in compliance with the provisions of the Alternative Dispute Resolution Act, we inform consumers that, as a member entity and under the terms of the Code of Conduct, users may turn to Confianza Online for alternative dispute resolution (https://www.confianzaonline.es/como-reclamar/formulario-de-reclamaciones/). If concerning electronic transactions with consumers, or data protection when they are related to this area, complaints will be resolved by the Mediation Committee of Confianza Online, accredited by the Alternative Dispute Resolution in consumer matters. If complaints concern digital advertising, or data protection related to this area, they will be submitted to the AUTOCONTROL Advertising Board.
In addition, you are reminded that you can access the European Union's online dispute resolution platform by following this link:
Any other dispute not related to electronic transactions with consumers or data protection (in connection with such electronic transactions or digital advertising), or related to Users who are not considered consumers under Spanish law, shall be submitted by the Users and CEPSA to the Courts and Tribunals of Madrid, Spain, in accordance with Spanish law, waiving any other jurisdiction that may be applicable to them. With the exception of those cases in which the Spanish regulations establish a submission to specific Courts and Tribunals.