TERMS OF USE FOR SAECO GranAroma Deluxe

Thank you for choosing a Saeco GranAroma Deluxe (”Product”).

 

Philips Domestic Appliances Nederland B.V. (“Philips”, “We” or “Us”) may make available an application to control the Product (“App”). You may also access websites provided by us to: i) manage your Product; ii) register yourself and set your account preferences (“Account”); iii) access other features the websites provide (“Website”). The Product, the software embedded in the Product (and any updates thereto) (“Product Software”), the App, the Account and the Website are collectively referred to as the “Services”. The Product enables a connection with information and services provided by third parties, including video platforms and online stores. Such information and services are not part of the Services made available by Philips.

 

By using the Services, you agree to be bound by these Terms of Use, which govern the Services.

 

In order to be able to use all Services you need to:

 

a. create an account for the use of the Service (the “Account”), and accept the terms and conditions for use of the Services, set forth below, (the “Terms”);

b. acknowledge the Website and the Product as formal channel of our communication to you, for example in relation to any changes in the Services or Terms (“Formal Communication”);

c. activate the Services as indicated in the instruction for use;

d. acknowledge that the Services rely on the availability of the infrastructure/system requirements and services of third parties (such as internet service provider,  carrier or other), contracted by you or Philips.

e. If you do not wish to create an Account you will not be able to access all the features the Product can provide you with. In that event you will download only the App and you will need to accept the Terms.

 

Customer Service

 

If you have any questions or concerns regarding the Products, the Services, or these Terms, please contact our Customer Service as indicated on your warranty card and instruction for use.

 

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.

 

Suspension, Termination and Discontinuation

 

These Terms will remain in effect during your use of the Services.

We may without notification (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 this for example (but not limited to) 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.

 

Account and (de)activation

 

(a) Any use or access to the Services by anyone under the age of 13 is not allowed and is a violation of these Terms.

(b) You may choose to deactivate or delete your Account on the Website or through our Customer Care. You will find information on the Website on the consequences of such deactivation or deletion.

 

Access and Use

 

We grants you a non-transferable, non-exclusive, right (without the right to sublicense) to access and use the Services solely on the Product, 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 two years after you purchased the Product. We may update Product Software and 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.

 

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 us; (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.

 

Open Source

 

The Product Software and/or App Software 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.

 

Third Parties and Third Party Fees

 

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 which provide you with specific requirements that enable you to use the Services.

 

Intellectual Property

 

Unless indicated otherwise, we own all intellectual property right(s) including but not limited to copyrights, trademarks, service marks, trade dress rights, patents, industrial design rights, database rights and trade secrets 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 Philips’ prior written consent, except to use the Services. 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 us, you agree Philips may use your Feedback in any manner without restriction, and without any obligation of confidentiality, attribution or obligation to compensate 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 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.

 

Formal Communication

 

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. 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.

 

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.

Your statutory rights under consumer protection laws in your country of residence remain unaffected by this choice of law.  

 

Finally:

 

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.

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.