Terms of Use for Philips OneBlade App
Thank you for choosing a Philips product (“Product”) and for your interest in this mobile application (“App”). When your product is a connected Product, your Product is capable of providing you with services to manage, control and maintain your Product. Such a connected Product can be controlled via an application locally or remotely the App. You may also access our website www.philips.com/register to: i) manage your connected Product; ii) register yourself and set your account preferences; iii) access other features the website provides (“Website”). The Product, the App, the software embedded in the Product (and any updates thereto) and the App, the account and the Website are collectively referred to as the “Services”. The Services are offered by Philips Consumer Lifestyle B.V. (“We” or “Us”) By using the Services, you agree to be bound by our Terms of Use (“Terms”), which govern the Services. a. create an Account, and accept the Terms; b. acknowledge the Website and the App as formal channel of our communication to you, for example in relation to any changes in the Services or Terms governing such Services (“Formal Communication”); c. download the App; d. for a connected Product, activate the Services by connecting the Product as indicated in the instruction for use. e. acknowledge that the Services rely on the availability of the infrastructure/system requirements and services of third parties (such as internet service provider, mobile carrier or other), contracted by you or by us. Suspension, Termination and Discontinuation Account and (de)activation Access and Use Certain Restrictions The Privacy Notice is available at the Website https://www.philips.com/a-w/privacy-notice.html. This Privacy Notice may change from time to time, so review it with regularity and care. Third Parties and Third -Party Fees From time to time, we may update these Terms at our sole discretion. If we make a major change in the important points of these Terms (material change), we may alert you to the changes in a more prominent way or we may provide you at least a thirty (30) days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Your inaction or continued use of the Services, including access of the Website, after any such alerts or notices, or your acceptance of any changes for which we require your prior approval, will tell us that you agree to these changes. Your statutory rights under consumer protection laws in your country of residence remain unaffected by this choice of law. The parties hereby agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms Export Control Compliance
In order to be able to fully use the Services you need to:
If you do not wish to create an Account you will not be able to access all Services.
Customer Service: If you have any questions or concerns regarding the Products, the Services, or these Terms, please contact our Customer Service at https://www.philips.com/support .
Warranty
Your purchase of any Product is governed by the warranty provided with that Product (“Warranty”). This Warranty is additional to these Terms and will not impair any statutory warranty rights you have as a consumer in your country of residence.
These Terms will remain in effect during your use of the Services.
We may at our own discretion, with or without notice (a) suspend or terminate your rights to access or use the Services, or (b) terminate these Terms with respect to you immediately. Upon termination you are no longer authorized to use or access the Services.
We may do so for example in the event that we believe you are acting in breach of these Terms, or to protect you or us against identity theft or other fraudulent activities. You agree that we will not be liable to you or to any third party for the exercise of the aforementioned right.
(a) Any use or access to the Services by anyone under the age of 16 is strictly prohibited and is a violation of these Terms.
You will maintain the confidentiality of your Account login information and you will be solely responsible for any activities or actions taken under your Account. You will immediately notify us of any unauthorized use of your Account login information.
(b) You may choose to deactivate or delete your Account on the Website www.philips.com/c-cs/myphilips or through our Customer Care by contacting them via https://www.philips.com/support . You will find information on the Website on the consequences of such deactivation or deletion.
We grant you a non-transferable, non-exclusive, right (without the right to sublicense) to access and use the Services by installing and using the App solely on designated mobile device(s) registered on your Account (whether owned by you or another person), and subject to the Terms.
Software Updates
We will provide the necessary updates for the period of time you may reasonably expect, and for at least the duration of the Warranty of the Product. We may update or change any Service and may do so remotely without notifying you. Where due to an action or inaction of you, updates are not installed within a reasonable time after they are made available, we shall not be liable for any impairment of the Services caused by this failure. Updates or changes are subject to these (or a newer version of the) Terms.
You agree to (a) not use the Services in violation of any laws, regulation or court order, or for any unlawful or abusive purpose; (b) use the Services only for the intended purpose; (c) not use the Services in any manner that could harm us, our service providers, or any other person; (d) not to republish, reproduce, distribute, display, post or transmit any part of the Services, and (e) comply with any other reasonable requirements or restrictions requested or imposed by us, described in more detail on the Website.
Open Source
The Services may contain software components, applications, interfaces, APIs and other tools that are considered to be Open -Source Software (“OSS”) governed by applicable OSS licenses. More information for the App software can be found in the About section. More information for the Product software can be found in the user manual of your Product. You agree to fully comply with and abide by all terms and conditions that apply to any content or software that contains OSS.
Any source code which needs to be offered under the applicable open source licenses will be delivered upon request. Please contact open.source@philips.com in English with product identification to request source code or for any other information.
Privacy Notice
Jailbreak devices
This App is not intended for use on devices on which the operating system does not match the default standard anymore (“Jailbreak Devices”). You agree that you will not attempt to install or use the App on any Jailbreak Device. Any attempt to install or use the App on a Jailbreak Device will constitute breach of these terms, and may result in account termination, without refund, at our discretion. We are not liable for any damages resulting from the use on Jailbreak Devices.
Fees and Payable Upgrades
Access to the Services is offered to you free of charge. We may decide to offer additional Services (“Payable Upgrades”) for a fee. We will inform you if an additional Service is to be offered for a fee in the future. In such a case, you may choose to continue your use of the offered Services for free, if applicable, to update with the Payable Upgrade for the required fee, or to terminate your use of the Services.
User Content
You may be able to create or upload content through the Services (“User Content”), in which case you decide what will become publicly available. We want you and others to enjoy our services, so please do not use our Services in a way that is commonly considered inappropriate (such as obscene, violating laws and regulations, offensive, discriminatory or infringing someone else’s rights).
User Content is not provided by us, and we do not endorse opinions, recommendations, or advice expressed therein. When you share your content, we intend to use it for our own purposes as well, including for commercial purposes. If this is not what you would like, it is best to be cautious about what you share.
It is possible that when you use the Services you will also use a service, download a piece of software, or purchase goods that are provided by a third party. Those third - party services and products may have their own applicable rules and restrictions, separate from these Terms, and you need to abide by them in regard to that third party.
You acknowledge that you are responsible for all fees charged by third parties, such as your internet service provider or mobile device carrier, which provide you with specific requirements that enable you to use the Services.
Ownership and Intellectual Property
Unless indicated otherwise, we own all intellectual property right(s) to all materials and content displayed on and from the Services. You may not reproduce any such materials or content to any third party (including displaying or distributing the material using a third party website) without our prior written consent, except to use the Services for their intended purposes. We retain all rights that are not otherwise expressly granted in these Terms.
If you submit a comment, suggestion or any other material to us related to the Services (excluding any illegal content), you you licence us to use and implement any such Feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation to you.
Warranty Disclaimers
Our goal is to provide you with a great service experience. Any Service however is only provided as-is and as-available. The availability of the Services is also dependent on external circumstances such as your computer, mobile device, home wiring, wi-fi network, your internet service provider and mobile device carrier, upon which we have no influence. Therefore we cannot warrant in relation to the Services the: availability, uptime, accuracy of results, accuracy of data, storage of data, accessibility in all countries, reliability of any resulting notifications, any specific level of savings or other monetary benefit.
Limitation of Liability
As much faith as we have in our Services, there is always the possibility that things don't work as they are supposed to. In the unfortunate event that the Services would not work or any content may be lost, please accept our sincerest apologies. We certainly understand that it is unfortunate and inconvenient. Unfortunately, to the extent permitted by applicable mandatory law, we cannot accept any liability for any damages incurred as a result of your use of the Services. IN ANY EVENT WE ARE NOT LIABLE FOR AMOUNTS EXCEEDING THE FEES PAID IN CONNECTION WITH THE SERVICES.
Changes or Update
Governing Law
To the extent permitted under applicable law, these conditions of use shall be construed, interpreted and governed by the laws of the Netherlands without regard to conflicts of law provisions thereof.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Also, you irrevocably grant the mobile application store where you have purchased the App the right (who will be deemed to have accepted that right) to enforce these conditions against you as a third-party beneficiary thereof.
You agree that you will not directly or indirectly, export or re-export the Services to any country for which the United States Export Administration Act, or any similar United States law or regulation requires an export license or other U.S. Government approval, unless the appropriate export license or approval has first been obtained.
