The following terms and conditions govern the use of the Application "CUSTOMERS" (hereinafter referred to as the "Application") that MBP AUTOMÓVEIS PORTUGAL, LDA. makes available to users (hereinafter referred to as "Users").

The Application is managed by MBP AUTOMÓVEIS PORTUGAL, LDA., entity registered in the Commercial Registry Office of Lisboa, corporate tax number 500293520, with office at Rua Dr. José Espírito Santo, 38, 1950-097 Lisboa (hereinafter referred to as "MBP").

The parties hereby bound by these terms and conditions are MBP and the Users using the Application, in accordance with the provisions of the third and fourth clauses hereof.

1 Property of the Application "CUSTOMERS”

MBP, entity registered in the Commercial Registry Office of Lisboa, corporate tax number 500293520, with office at Rua Dr. José Espírito Santo, 38, 1950-097 Lisboa, is the owner and holder of the Application "CUSTOMERS", its source code, logos, trademarks, and corresponding designs.

2 General Services of the Application

Access and use of the Application is free of charge. The Application was created and developed by MBP to offer Users an online platform for the management and processing of after-sales services and general information related to the vehicle and its maintenance.

Users can consult information about their vehicle, warranties, manuals, etc., as well as the history of services performed and detailed information about future services, and the management of workshop appointments. Users may include information relating to their vehicle registration and insurance.

The Application may change to include updates, enhancements and/or new features. MBP will keep Users informed about these updates and how to access them.

3 Users

A User is any person interested in using the different functionalities and utilities of the Application, who downloads and creates a user account.

 

Only the Users that download the Application and accept these terms and conditions, and its privacy policy may be Users of the Application and enjoy its services.

 

Participants in the Application must be drivers of Mitsubishi vehicles and be aged 18 years or over.

 

The User account is not transferable and may only be used by the person to whom it has been assigned.

4 Application Usage

The Application will be available for download through Google Play for Android devices (Android 6 and above) and on the App Store® for iOS devices (iOS 12 and above).

To use the Application, the User must first accept these legal terms and conditions and its privacy policy. Once these conditions have been accepted, the User must correctly complete the registration form provided for this purpose, authorising the processing of their data and information that will be carried out.

The User undertakes to use the Application in accordance with the law, morals, accepted good customs and public order in force. The User undertakes to refrain from using the Application for purposes or effects that are unlawful, contrary to the provisions of these terms and conditions, harmful to the rights and interests of MBP or third parties, or that in any way may damage, disable, overburden, or impair the Application, or prevent the normal use or enjoyment of the services offered.

MBP may, to improve its service and for the benefit of users, unilaterally change the Application or any substantial aspect thereof, or its operating, technical and usage conditions, at any time and without notice.

The provision of the services and functionalities of the Application depends on the functional capability of the smartphone, reception location and transmission quality of the User's network operators, and may be limited or impaired, due to weather and topographical conditions, the position of the smartphone and obstacles (e.g., bridges and buildings). The use of the services and functionalities made available through the Application implies that the mobile telecommunications network required for the SIM card installed in the User's smartphone is functional and ready for use.

If the User has consented, their (and/or their vehicle's) location can be determined if necessary. To use the Application with transmission of the User's location, it is necessary to have an internet connection. The location can only be transmitted if the User's smartphone can transmit a valid position and their mobile phone number has been saved in the settings. The exact position of the User may not be determined if the transmission is made from inside a building. Therefore, it may not be possible to calculate the exact location of the User (e.g., inside a building) from the position transmitted by the User. The transmission of the location is recommended as this will make it easier to locate the broken-down vehicle and thus it will no longer be necessary to detail the position of the User/smartphone. This transmission also replaces the often-difficult description of the location of the User/smartphone.

For additional information or to clarify any doubts, complaints or suggestions, Users may contact the person responsible for the Application through the email address relacoes.clientes@mitsubishi- motors.pt.

5 Application Features

The Application provides Users with different tools and functionalities related to their vehicle, as well as information and commercial offers. To this end, Users will have the following tools at their disposal:

- Vehicle information (vehicle data, technical data, registration certificate, official manuals, insurance data, etc.).

- Management and requests for workshop appointments for service and/or maintenance operations.

- History of revisions made.

- User profile management.

- Management of preferences related to commercial information.

In the Application, the User may also find the functionality "Customer Support", which is a Mitsubishi customer support line.

In case of vehicle breakdown, the User can make a voice call to the Roadside Assistance Service through the respective function of the Application.

6 Users' obligations

In general, the User undertakes to use the Application and its functionalities correctly, complying with the legislation in force and these Legal Terms and Conditions.

 

The User declares and guarantees that he/she is the owner of the information provided and that such information is correct and up to date at the time of collection.

If the data is not correct, or the User has provided third party data without their consent, MBP reserves the right to terminate the services of the Application and even cancel its access and use.

Any fraudulent, illegal, or illegitimate use of the Application, as well as the use of the Application for fraudulent and/or criminal purposes, is prohibited.


 

Users will be liable for the violation of these terms and conditions of use, as well as for the violation of third parties' rights using the Application.

 

Should the User become aware of any use of the Application involving a breach of these terms and conditions or an infringement, offence, or violation of the rights of third parties, the User may inform MBP by email via relacoes.clientes@mitsubishi-motors.pt or rgpd@mitsubishi-motors.pt., if their issue relates to the processing of personal data.

7 Limitation of liability

MBP is exempt from any liability in the following cases:

 

·        Technical failures in the telecommunications network that, due to fortuitous or other causes, prevent the normal functioning of the service.

 

·        Unavailability of the Application due to maintenance or other reasons, preventing the availability of the service.

 

·        Interference of third parties with the service. Given advances in technology, there is a possibility that third parties may access the website and cause disruption. Notwithstanding the above, MBP makes every technical effort by incorporating the corresponding technological measures to reduce this type of risk. However, the User is informed that these unlikely intrusions may cause disruptions for which MBP will not be held responsible.

 

·        Any incident and/or accident resulting from accessing and handling the Application while driving. It is prohibited to access and manipulate the Application while the vehicle is moving or in situations that may put at risk the integrity of the User and/or third parties.

 

We also do not undertake to guarantee uninterrupted access to this Application, nor do we accept responsibility for any information published on this Application by third parties.

 

No data transmission over the Internet can be guaranteed to be completely secure. Although the transmission of data via the Internet or website cannot guarantee full security against intrusion, we and our service providers and business partners use our best efforts to implement and maintain physical, electronic, and procedural security measures to protect Users personal data in compliance with applicable data protection requirements.

8 Reservation of rights

MBP reserves the right to refuse the service or cancel the registration of Users who do not comply with these terms and conditions.

 

Furthermore, it reserves the right to take any legal action that may be appropriate for any offences that Users may commit. In addition, MBP will follow up all the legal actions necessary for the effective compensation of the damages suffered, in accordance with the law in force. All costs of claims that Users must bear, and which had to be borne by MBP, will be duly claimed.

9 Validity of these rules

MBP reserves the right to refuse the service or cancel the registration of Users who do not comply with these terms and conditions.

Furthermore, it reserves the right to take any legal action that may be appropriate for any offences that Users may commit. In addition, MBP will follow up all the legal actions necessary for the effective compensation of the damages suffered, in accordance with the law in force. All costs of claims that Users must bear, and which had to be borne by MBP, will be duly claimed.





These Terms and Conditions may be updated or modified at any time. In such case, MBP will notify Users through the Application itself.

10 Termination of service

Users may cancel their subscription by uninstalling the Application. Users who wish to manage their rights regarding the processing of their personal data should proceed as described in the following clause on Privacy Policy.

The User may also cancel their member account at any time by sending an email to relacoes.clientes@mitsubishi-motors.pt. Cancellation will be carried out within 20 working days.




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