“CUPIRE PADESA, S.L.”, as the company responsible for the website “www.cupagroup.com” (hereinafter, the “Website”), hereby provides users with this document (hereinafter, the “Legal Disclaimer”), by virtue of which the company hereby informs all users of the Website in relation to the conditions of use thereof.
CUPA is a company incorporated by virtue of the public deed formalised before the Notary Public, Mr Rafael Bergillos Arjona, under number 218 of his official notary records, dated 25 March 1963, and registered at the Companies Register of Ourense, at volume 569, sheet 150, page number OR-1823.
The purpose of this Website is to inform users about the corporate services provided by the different subsidiaries of CUPA that conform the corporate group thereof (hereinafter, the “CUPA GROUP”), in accordance with applicable regulations. The information contained on the Website is included merely for illustrative and informative purposes, and under no circumstances whatsoever constitutes any type of obligation for the users that access the Website (hereinafter, the “User(s)”).
This Legal Disclaimer governs access to and the use of the Website by the Users and shall be complemented by any other legal texts that govern any functionality, service, process, application, platform or means necessary for the use of the Website or the described services.
By accessing the Website, the User accepts the terms of this Legal Disclaimer and declares and warrants that applicable law and regulations permit the User to access the Website and, moreover, that the User shall correctly use the Website in accordance with applicable laws, the principle of good faith, public order, generally accepted uses and practices and the terms of this Legal Disclaimer. The User shall be held liable vis-à-vis CUPA or vis-à-vis any third parties for any losses or damages that may be caused by reason of any breach of the foregoing obligation.
For the purposes of this Website, the term “User” shall be deemed to mean any natural person or legal entity that accesses and browses the Website. The status of “User” implies the full acceptance, without any qualifications whatsoever, of each and every one of the provisions included in this Legal Disclaimer, that may be modified from time to time. Access to the Website implies, furthermore, that the User accepts that said information shall be applicable to all subsequent accesses to the Website and that said subsequent accesses thereto shall be subject to the waivers, disclaimers regarding risks and other information set out herein.
The purpose of the Website is to offer the Users information regarding the services of CUPA.
For said purposes, CUPA hereby grants the Users with a non-exclusive, non-sublicensable, and non-transferrable licence to use the Website and the functionalities, the content and other available functions thereof, that shall be subject to the rest of the terms of this Legal Disclaimer and all applicable regulations.
All of the industrial and intellectual property rights regarding the information, texts, data, graphics, photographs, designs, software, trademarks and brands, trade names, distinctive signs and any other content of the Website remain the property of CUPA and/or of the licensors thereof. Accordingly, Users are hereby expressly forbidden to use or in any other way apply the foregoing, except as part of the service provided by the Website, in accordance with the terms of this Legal Disclaimer.
The User hereby acknowledges and accepts that the use of the Website shall not imply the transfer of any industrial and intellectual property rights, such as any copyright, trademarks, domain names, designs, patents, utility models, know-how or any other rights in relation to the Website; and furthermore, the use of the Website does not constitute any type of authorisation whatsoever for the creation of any developments based upon the Website, except pursuant to the limited, non-exclusive, non-transferrable and free of charge licence for use granted to the Users of the Website, in accordance with the terms of this Legal Disclaimer.
In summary, the Users that access the Website may view the content and carry out, as the case may be, authorised private copies thereof, provided that the copied content is not subsequently transferred to any third parties, or installed on servers connected to networks, or the subject of any other type of activities whatsoever.
Accordingly, the Users hereby undertake to use the Website, the content and the services thereof in a diligent and proper manner, in accordance with legal provisions, moral standards, generally accepted practices and customs, public order, the principle of good faith and the terms of this Legal Disclaimer, and in strict compliance with the industrial and intellectual property rights that correspond to CUPA.
The distribution, modification, assignment, transfer or public communication of the content of the Website and any other act that has not been expressly authorised is absolutely prohibited. Likewise, Users are hereby expressly forbidden to use the Website for any unlawful or prohibited manner, or in such a way that harms the rights of any third parties or that, in any other way, may damage the brand, image or reputation of CUPA, in accordance with the conditions of access and use set out hereinbelow.
At any time and for any reason whatsoever, CUPA may rescind and revoke the right of the User to use the totality or any part of the Website. Users must not breach or attempt to breach or hack the security of the Website.
The Website is freely available and accessible, however, notwithstanding the foregoing, CUPA conditions the use of some of the services provided on the Website upon the prior request and the completion of the corresponding form.
The User hereby warrants the authenticity of all of the particulars and information notified to CUPA and furthermore that said information is up to date and accordingly the User shall be solely and exclusively responsible for any false or inaccurate statements in respect thereof.
The User hereby expressly undertakes to adequately and properly use the content and services of CUPA and of the Website and, in particular, to not use said content and services and to not distribute information via the Website for the purposes of, by way of example:
CUPA hereby reserves the right to block access to certain services of the Website in respect of any User in the case of any breach of the terms of this Legal Disclaimer, the rights of any third parties or applicable law.
All of the information regarding the type, use and acceptance of cookies is set out in the “Cookies” section of this page.
CUPA shall use its best endeavours to reasonably ensure the correct functioning of the Website. However, CUPA is not able to warrant the continued access or the correct display, download or utility of the links, images, documents or information contained on the Website. Furthermore, CUPA is also not able to guarantee the absence of interruptions of the service for the purposes of carrying out repair and/or maintenance tasks of the Website or as a result of the lack of coverage or faults in the equipment and/or the networks necessary for the transfer of the data, that is outside of its control. In any event, CUPA shall try to resolve, as quickly as possible, the content or failures that cause said types of problems, including: interferences, interruptions, faults, unlawful meddling, security breaches or errors.
Although CUPA shall do everything that is reasonably possible to ensure that the information contained on the Website is precise, correct and up to date, said information must be considered to be general information and only for informative and illustrative purposes. In this regard, CUPA does not guarantee that the information is comprehensive, suitable, precise, applicable, valid or complete and accordingly does not accept any liability in respect thereof.
Furthermore, CUPA hereby reserves the right to correct, improve or modify the Website and the information contained therein, when CUPA considers necessary and without any prior notice whatsoever, as well as to suspend access thereto for the purposes of carrying out maintenance or upgrade activities, and CUPA shall not be held liable for the accuracy, sufficiency or authenticity of the information provided.
CUPA excludes, to the extend permitted pursuant to applicable law, any liability for any losses and damages of any type whatsoever caused by:
7.2 Linked sites.
CUPA does not authorise, except by way of express consent, the reproduction of the Website by way of any links, hyperlinks or any other system whatsoever.
This Website may contain links to other websites and may include information and/or services obtained from third parties, for the purposes of facilitating access by the User to the information of collaborating or sponsoring companies. CUPA hereby rejects any liability whatsoever in relation to the information contained in said external links that is outside the Website and that is not directly managed by CUPA.
7.3 Warranty provided by CUPA.
The Website is presented “as is” and neither CUPA nor any other company within the corporate group thereof warrant that the services shall be provided without interruption or without errors, and furthermore no warranty is provided thereby in relation to the results obtained from the use of the service.
CUPA provides the service without any type of warranties whatsoever, whether express or implicit warranties, including, among others, the warranties as to ownership or implicit warranties regarding the quality or satisfactory suitability for any specific purpose or any other type of warranties whatsoever, except the implicit warranties that are not able to be excluded, restricted or modified by virtue of applicable law.
The Website does not control, generally speaking, the use that is carried out thereof by the Users. In particular, CUPA does not warrant, under any circumstances whatsoever, that the Users use the Website in accordance with applicable law, this Legal Disclaimer, moral standards, generally accepted practices and customs or public order, or that Users use the Website diligently or prudently.
All of the conditions, warranties or statements that are not expressly set out in this Legal Disclaimer shall be excluded, to the extent permitted at law.
7.4 Warranties provided by the User.
The User uses the Website at the personal and private risk and under the responsibility thereof. By means of the access thereof to the Website, the User undertakes to use the Website in accordance with applicable law and regulations and to accept the terms of this Legal Disclaimer and all of the conditions thereof. The User shall be held solely and exclusively liable vis-à-vis CUPA and/or any third parties, for any losses or damages that may be caused as a result of any breach of the foregoing obligation. In this regard, CUPA shall not assume any liability whatsoever for any damages or alterations to the equipment of the User as a result of the use of the Website and is hereby released from any liability in respect thereof.
The User is solely and exclusively responsible for ensuring that the computer system thereof has all of the pertinent technical specifications necessary for the use of the Website.
8.1 Invalidity of clauses.
If any provision or condition of this Legal Disclaimer was or has been declared to be unlawful, invalid or unenforceable, for any reason whatsoever, said provision or condition shall be considered to be removed, without prejudice to the applicability of the rest of the provisions of this Legal Disclaimer.
CUPA hereby reserves the right to modify or update the information contained in this Legal Disclaimer, at any time whatsoever, when CUPA considers necessary and without any prior notice whatsoever, and CUPA shall not be held liable for the accuracy, sufficiency or authenticity of the information provided.
CUPA shall publish on the Website the new version of this Legal Disclaimer whenever the terms thereof are modified. The User shall be informed, after accessing the Website again, of any modifications to the terms of this Legal Disclaimer.
8.3 Jurisdiction and applicable law.
This Legal Disclaimer shall be governed by Spanish law.
In the event of any dispute or disagreement in relation to the use of the Website or the terms of this Legal Disclaimer, said dispute or disagreement shall be submitted to the jurisdiction of the competent Courts and Tribunals of the city of Ourense and, in the case of a User that acts in the capacity of a consumer, the court of the judicial district that corresponds to the domicile of the User/consumer shall be competent to hear the dispute or disagreement.
The Users, if they act in their capacity of consumers, may also submit any dispute as a result of or related to this Legal Disclaimer to an alternative dispute resolution procedure (“ADR”). The list of available ADR platforms of the European Commission may be obtained via the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.