Terms of use of GroomTribe App
Thank you for choosing this application (“App”). The App can be used together with an eligible Philips electric shaver (“Product”) or as a stand- alone application. The Product, and the software embedded in the Product (and any updates thereto) (“Product Software”) and the App (“App Software”) are collectively referred to as the “Services”.In order to be able to fully use the Services offered to you by Philips Consumer Lifestyle B.V., High Tech Campus 5, 5656 AE Eindhoven, the Netherlands ("Philips") you need to: a. download the App;; e. activate the Services by connecting the Product as indicated in the instruction for use. Customer Service: If you have any questions or concerns regarding the Products, the Services, or these Terms, please contact Philips Customer Service. These Terms and Conditions are a binding legal agreement, and by using the Services, you agree to be bound by these Terms. The use of the Services is governed by these Terms. Overview 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. Suspension, Termination and Discontinuation These Terms will remain in full force and effect so long as you continue to access or use the Services, or until terminated in accordance with the provisions of these Terms. At any time, Philips may (a) suspend or terminate your rights to access or use the Services, or (b) terminate these Terms with respect to you if Philips in good faith believes that you have used the Services in violation of these Terms. Upon termination you are no longer authorized to use or access the Services. Philips reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that Philips will not be liable to you or to any third party for the exercise of the aforementioned right. Philips grants you a non-transferable, non-exclusive, right (without the right to sublicense) to access and use the Services by installing and using the App on your mobile device(s) (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. Automatic Software Updates Philips may update or change Product Software for its Services, and may do so remotely without notifying you. Updates or changes are subject to these (or a newer version of the) Terms. Philips may also update the App Software, for which you will receive a notification. Certain Restrictions 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 as intended by Philips; (c) not use the Services in any manner that could harm Philips, its service providers, or any other person; (d) not to republish, reproduce, distribute or reverse-engineer any part of the Services, and (e) comply with any other reasonable requirements or restrictions requested or imposed by Philips to you. 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 the sole discretion of Philips. Philips is not liable for any damages resulting from the use on Jailbreak Devices. The Product Software and/or App Software may contain components that are subject to an open source license instead of these Terms of Use. More information for the App Software can be found in the About section of the App. More information for the Product Software can be found in the user manual of your product. 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. Fees and Payable Upgrades Access to the Services is offered to you by Philips free of charge. Philips may decide to offer additional Services (“Payable Upgrades”) for a fee. Philips will inform you if a Service is to be offered for a fee in the future. In such a case, you may choose to either continue your use of the offered Services for free, if applicable, or to choose 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 don’t 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). 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. Philips owns the copyrights, trademarks, service marks, and trade dress rights to all materials and content displayed on and from the Services. You may not reproduce, modify, create derivative works from, display, frame, perform, publish, distribute, disseminate, transmit, broadcast or circulate any such materials or content to any third party (including displaying or distributing the material using a third party website) without Philips’ prior written consent except to use the Services for their intended purposes. Philips retains all rights that are not otherwise expressly granted in these Terms. If you submit a comment, suggestion or any other material (“Feedback”) to Philips related to the Services (excluding any illegal content), you hereby assign all ownership in and to such Feedback to Philips, and acknowledge that we will be entitled to use and implement any such Feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation to you, or grant Philips a license to use such Feedback without any restrictions to the extent the foregoing is deemed ineffective. Our goal is to provide you with a great service experience. HOWEVER, DO KNOW THAT WE ARE ONLY ABLE TO PROVIDE YOU THE SERVICES "AS-IS" AND “AS AVAILABLE” AND THE TIMELINESS AND THE RESULTS THAT YOU MAY OBTAIN FROM THE SERVICES IS NOT GUARANTEED. This is among others due to the fact that 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 Philips has no influence. Therefore, Philips 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 maximum extent permitted by applicable 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. From time to time, we may update these Terms. If we do, we will do this by Formal Communication. 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. For example, we may temporarily highlight the new or revised sections in these Terms, temporarily post a prominent notice in the App, or temporarily add the word "Updated" to the title of these Terms and/or any hypertext links pointing to these Terms. In some instances, we may also send you an e-mail message or other communication telling you about the changes and any choices you may have or actions you can take before they go into effect. Your inaction or continued use of the Services, 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. 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, Product, Product Software, App, and/or App Software 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.
b. accept the terms and conditions for use of the Services, set forth below, (the “Terms”);
c. acknowledge the App as formal channel of Philips communication to you f.e. in relation to any changes in the Services or Terms governing such Services (“Formal Communication”);
d. acknowledge that the Services rely on the availability of the infrastructure/system requirements and services of third parties (such as ISP, carrier or other), whether contracted by you or Philips.
Account and (de)activation
(a) You may only create an Account and use the Services if you accept and comply with these Terms and applicable laws. Any use or access to the Services by anyone under the age of 13 is strictly prohibited and is a violation of these Terms.
(b) You agree to: (i) accurately provide all contact and other information requested by Philips and notify Philips immediately of any change in the information; (ii) maintain the confidentiality of your Account login information.
Access and Use
Open Source
User Content is not provided by Philips, and we do not endorse opinions, recommendations, or advice expressed therein. When you share your content, we may 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.
Third Parties and Third Party Fees
You acknowledge that you are responsible for all fees charged by third parties, such as your ISP or mobile device carrier, which provide you with specific requirements that enable you to use the Services.
Ownership and Intellectual Property
Warranty Disclaimers
Formal Communication
Governing Law
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.
Finally:
