Connected Appliance Services Terms Of Use

I. INTRODUCTION

Please read these Terms Of Use carefully, and the Privacy Statement (which is incorporated into these Terms - see below), before using your Connected Appliance and associated software applications and services. Your attention is drawn in particular to section VIII of these Terms of Use which contains restrictions on our liability to you.

Thank you for choosing a wi-fi enabled home appliance (“Connected Appliance”) by Whirlpool. Whirlpool is the world's leading manufacturer and marketer of major home appliances. Our brand names used in Europe include Whirlpool® , Indesit® , Bauknecht®, Hotpoint® and HotpointAriston®. These Terms Of Use apply to your use of your Connected Appliance and associated Connected Appliance Services (as defined below). In these Terms Of Use, references to Whirlpool means Beko Europe Management SRL, a company set up according to Italian laws, having its registered office at Via Varesina n.204, 20156 Milano (MI), Italy, duly registered in Milano with number 00693740425, and V.A.T. number IT00693740425 (hereinafter “Company”, “we”, “us”, “our”).

Your Connected Appliance is capable of providing you with services to help you manage and maintain your Connected Appliance. When your Connected Appliance is connected to Whirlpool’s Connected Appliance network, it is capable of transmitting information, including activity and error codes, to Whirlpool and providing you with notifications and you may use software applications provided by Whirlpool such as the free “Bauknecht B-Live” or “Whirlpool 6th Sense Live” app (the “Application” or “Applications”) on your mobile device to manage your Connected Appliance remotely and access functions and services. These Terms Of Use apply to your use of such services and Applications (together, the “Connected Appliance Services”).

In order to enjoy the Connected Appliance Services your Connected Appliance must be connected to a wireless Internet connection. You are responsible for the installation and maintenance of the wireless Internet connection at the place where your Connected Appliances are located. You also need to install the Application on a compatible mobile device(s) and register an account with Whirlpool.

You need to accept this Terms Of Use and the Beko Europe Management SRL Connected Appliance Services Privacy Statement (the “Privacy Statement”) in order to use the Connected Appliance Services. By using any Connected Appliance Services, and/or indicating your acceptance of these Terms of Use in the Application, you agree to be bound by these Terms Of Use. In addition, you will be acknowledging that you have read the Privacy Statement, which is incorporated into these Terms of Use, and that you agree to the treatment of your Personal Data as set out in the Privacy Statement. If you do not agree to the Terms Of Use or any part of them, and do not accept these Terms Of Use and/or the Privacy Statement, you will be unable to access the Connected Appliance Services associated with your Connected Appliance. Further details on the Privacy Statement are in Section VI below.

From time to time, we may update these Terms Of Use. In case of an update, and where required by applicable law, we will send you an alert via the Application telling you about the changes and any choices you may have or actions you can take. In certain circumstances, we may notify you of updates when you next log in to use your account (as relevant). Please read all alerts and updates carefully and contact us (see below) if you have any questions. Your continued use of the Connected Appliance Services after such alerts, or after updates when you next log in, or (where relevant) your active acceptance of any changes, will tell us that you agree to these changes. If you decide that you do not agree with the changes, you may always withdraw from using the Connected Appliance Services.

II. CONNECTED APPLIANCE SERVICE OFFERINGS

The Connected Appliance Services allow you to receive notifications regarding your Connected Appliance (such as door open notifications, cycle completion notifications, etc.), schedule your Connected Appliance to run at cost efficient times, and remotely monitor your Connected Appliance through the Application, among other capabilities and benefits. The specific Connected Appliance Services are described in greater detail in the user manual for your Connected Appliance. Company may need to review and change over time the specific features of the Connected Appliance Services and will notify you through the App of any material changes.

III. YOUR USE OF CONNECTED APPLIANCE SERVICES

1. General

   To use the Connected Appliance Services, you must register for an account using the Application and (as described above) you must read and accept the Privacy Statement. By using the Connected Appliance Services, you agree to: (a) accurately furnish your contact and other information requested by Company, (b) promptly update your details in the event of any change or inaccuracy in your contact information (for details on how to do this please see Section 9 in the Privacy Statement); and (c) use the Connected Appliance in accordance with its user manual. In the event of any conflict between these Terms of Use and the user manual, these Terms of Use will prevail.
   
   We may suspend or terminate your account if we discover or have reason to suspect that the information or details you have given to us is/are false, misleading, inaccurate or incomplete - further details at Section IX below.

2. Data Usage

   Connected Appliances use your wireless Internet connection to provide you with the Connected Appliance Services. In addition, if you choose to receive notifications via the Application, such notifications and applications use your mobile data connection to provide you with the services. All these uses imply the transfer of a certain amount of data through your relevant connections so you must have an appropriate data plan from your wireless Internet connection at the location of your Connected Appliance and from your mobile service carrier. Please consult your Internet service provider’s or mobile service carrier’s pricing plan to determine applicable data charges (if any), data limitations, restrictions such as permissible uses, and other terms and conditions of service. Company will not accept any liability for any charges that your Internet service provider or mobile service carrier may impose.

3. Transfer of Your Connected Appliance

   Unless otherwise indicated, you are only permitted to use the Connected Appliance Services for your own personal, non-commercial purposes, and you must not in any way resell any of these services or make these services available to any third party. If you sell or lend your Connected Appliance to another person, you must immediately update, as applicable, your Connected Appliance Services account using the Application. You are not permitted to do this without first updating your account. If you fail to do that update first then you will be in breach of these Terms of Use and Company may suspend or terminate your account – further details at Section IX below. The new user will need to register a separate new account with Company to be able to use the Connected Appliance Services.

4. Prohibited Uses

   You are prohibited from using the Connected Appliance Services in any way that:

   • is threatening, violent, abusive, defamatory, slanderous, libellous, fraudulent, indecent, or otherwise unlawful or inappropriate;
   • accesses, collects or stores personal information about others;
   • violates or infringes the rights of anyone else, including another person’s right to privacy;
   • impersonates any person, business, entity, or IP address (e.g., IP spoofing);
   • involves uploading, posting, emailing, transmitting or otherwise making available any materials that you do not have a right to make available under any law;
   • is commercial in nature, including, for example, advertising, promotional or marketing materials, or spam, phishing or other unsolicited messages;
   • gains or tries to gain unauthorized access to the Connected Appliance Services or any Connected Appliance Services, their computers and networks, or their user data, or that otherwise modifies or interferes with the use or operation of the Connected Appliance Services;
   • gains or tries to gain unauthorized access to a Connected Appliance’s firmware or software, including by reverse engineering firmware or installing firmware not approved by Company;
   • imposes an unreasonable or disproportionately large load on Company's or its business partners’ infrastructure, including transmitting spam or using other unsolicited mass emailing techniques;
   • alters, damages, or deletes any content provided by Company;
   • contains computer viruses or other disruptive, damaging or harmful files or programs; or
   • otherwise violates these Terms Of Use.

5. Software Updates

   The Connected Appliance Services, including the Applications, use software that Company may need or want to update or change. We will run such updates using standard procedures on your mobile device operating system and you will always be requested to accept any such updates in order to be able to continue using the Connected Appliance Services.

IV. SERVICE LIMITATIONS AND DISCLAIMERS

1. General Limitations

   Because your Connected Appliance communicates with Company by transmitting information wirelessly and over the Internet: (a) the Connected Appliance notifications will only be available to you after you have connected and registered your Connected Appliance; and (b) the Connected Appliance Services are not available when the Internet or your wireless connection or your mobile connection is not working or is not working properly.




2. Accuracy of Results and Data

   You agree that the Connected Appliance Services are subject to limitations and restrictions outside of Company's control, which include such things as your appropriate maintenance of your Connected Appliance in compliance with the relevant user manual, wireless network capabilities, Internet availability, environmental conditions (such as buildings, weather, geography, and topography), atmospheric conditions, and other factors associated with the use of the Internet or with satellites and satellite data; moreover, the Connected Appliance Services by their nature depend on software and network availability provided by third parties. In consideration of the above, Company does not guarantee uninterrupted availability, accuracy, completeness or timeliness of any data, information, materials or content provided as part of the Connected Appliance Services.

3. Stored Data

   Company stores certain data on or about your usage of the Connected Appliance Services for as long as is necessary to comply with the law or for our identified legitimate business needs and intended purposes in connection with the Connected Appliance Services as set out in the Privacy Statement.

4. Transported Data

   Company takes all reasonable steps with a view to maintaining the security of the data you provide us and will take reasonable precautions to protect your personal information. However, there is always some risk in transmitting information over wireless networks or the Internet. As a result, you accept that when you use the Connected Appliance Services, your communications may be subject to unlawful interception by others. Company cannot guarantee the security and privacy of wireless transmissions or transmissions via the Internet, and will not be liable for any lack of security on networks or devices not controlled by Company or any resulting loss of privacy or data in connection with any communications over such networks. Please take precautions to protect your personal information when you are on the Internet, for instance by changing your passwords often, by using a combination of letters and numbers, and by making sure you use a secure browser.

5. Other

   The Connected Appliance Services are provided on an “as is” and “as available” basis. Whilst Company uses every reasonable effort to maintain the availability of the Connected Appliance Services, we cannot guarantee its availability or the continuation of the same or that access to this will be uninterrupted or error free. Moreover, the Connected Appliance error code notifications are not intended to replace regular, recommended maintenance of your Connected Appliance as indicated in your Connected Appliance user manual, and are not a substitute for safe, responsible use of your Connected Appliance. You should not rely on the Connected Appliance Services (including any error notifications) as a means to prevent fire or other accidents or damage. It is your responsibility to operate your Connected Appliance safely and maintain your Connected Appliance in good working order and in compliance with its user manual. Failure to do so may result in damage to your Connected Appliance, property damage, bodily harm, and/or serious injury of which Company shall not be held responsible.

V. COMPLIANCE WITH TERMS

You are solely responsible for not only your own compliance with these Terms Of Use but also for the compliance of all users of your Connected Appliance and/or of your Connected Appliance Services account, whether or not authorized by you.

VI. PRIVACY

The Privacy Statement is available via the Application and you will be requested to accept it as part of your registration for Connected Appliances Services. Acceptance of the Privacy Statement is not obligatory (i.e. if you do not wish to accept it you are free to choose not to register for the Connected Appliance Services), however it is necessary in order to be able to proceed to the creation of your registered account. The Privacy Statement governs how the information that you provide and data from your Connected Appliance and from your use of the Connected Appliance Services may be collected, used, disclosed and shared in accordance with applicable European and local laws.

VII. OWNERSHIP OF INTELLECTUAL PROPERTY

Company and its licensors own the copyrights, trademarks, and any other intellectual property rights to all content displayed on and from the Connected Appliance Services. You may not reproduce, modify, use, 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), and you may not use any of the trade marks which are displayed when you access the Connected Appliance Services, without Company's prior written consent except to use the Connected Appliance Services for their intended purposes and in compliance with these Terms Of Use.

VIII. LIMITATION OF LIABILITY, INDEMNITY

For the avoidance of doubt, nothing in these Terms of Use shall limit or exclude the liability (if any) of Company or any other company in the Beko Europe to you for:

1. fraud or fraudulent misrepresentation;
2. personal injury or death resulting from its/their negligence; or
3. any other matter for which it would be illegal for it/them to exclude, or attempt to exclude, liability.

1. Limitation of Liability

   You agree that:

   1. the Connected Appliance Services are provided on an “AS IS” and “AS AVAILABLE” basis;
   2. save for mandatory limits of APPLICABLE LAW and being agreed that nothing in these Terms Of Use removes or limits or is to be interpreted as an intent to remove or limit Company's OR Beko Europe’S liability for fraud or fraudulent misrepresentation, gross negligence, wilful misconduct, breach of rules of public order or for death or personal injury including without limitation resulting from its/their negligence, or damages to personal property in cases where liability cannot be excluded by law, YOU AGREE TO RELEASE Company, THE Beko Europe, ITS AGENTS, EMPLOYEES AND CONTRACTORS FROM ANY AND ALL CLAIMS, LIABILITIES AND LOSSES IN CONNECTION WITH THE CONNECTED APPLIANCE SERVICES, INCLUDING, BUT NOT LIMITED TO CLAIMS ARISING FROM THE TOTAL OR PARTIAL FAILURE OF PERFORMANCE OF THE CONNECTED APPLIANCE SERVICES, EVEN IF CAUSED BY THE NEGLIGENCE OF Company, THE Beko Europe, ITS AGENTS, EMPLOYEES AND CONTRACTORS; FURTHERMORE, NEITHER Company NOR ANY OTHER COMPANY IN THE Beko Europe ACCEPTS ANY LIABILITY FOR ANY USE OR MISUSE OF THE CONNECTED APPLIANCE SERVICES OR ANY PART THEREOF OR FOR ANY LOSS OR DAMAGE WHICH MAY ARISE FROM YOUR USE OR MISUSE OF THE SAME. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE PROVIDE YOU WITH THE CONNECTED APPLIANCE SERVICES ON THE BASIS THAT WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WHICH ARE NOT EXPRESSLY SET OUT IN THESE TERMS OF USE, EXCEPT WHERE THE SAME CANNOT BE EXCLUDED UNDER APPLICABLE LAW. THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER;
   3. YOU AGREE TO INDEMNIFY Company, Beko Europe, ITS AGENTS, EMPLOYEES AND CONTRACTORS AGAINST ALL SUCH CLAIMS AS DESCRIBED ABOVE BROUGHT BY THIRD PARTIES.
   4. YOU FURTHER AGREE THAT THIS RELEASE EXTENDS TO ANY PARTY CLAIMING UNDER YOU AND THAT NO INSURANCE COMPANY WILL HAVE ANY RIGHT OF SUBROGATION.



2. Exclusion of consequential losses

   Save for mandatory limits of APPLICABLE LAW, NEITHER Company, THE Beko Europe. ITS AGENTS, EMPLOYEES NOR CONTRACTORS WILL BE LIABLE TO YOU OR ANY OTHER PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR NON AVAILABILITY OF SERVICES) IN CONNECTION WITH THE CONNECTED APPLIANCE SERVICES, EVEN IF Company, THE Beko Europe, ITS AGENTS, EMPLOYEES OR ITS CONTRACTORS ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

3. Indemnity

   You agree to indemnify, defend, and hold Company, the Beko Europe and its affiliate companies harmless from any claims arising out of or relating to your actions, including, but not limited to, your use of the Connected Appliance Services and any information you submit, transmit, or make available via the Connected Appliance Services; failure to safeguard your passwords or other account information; or violating these Terms Of Use, or any applicable law or regulation, or the rights of any third party.

IX. SUSPENSION AND TERMINATION

1. Termination by Company for misuse

   Company may suspend or terminate your access to all or any part of the Connected Appliance Services at any time if you commit any of the prohibited uses described at Section III 4. or if you otherwise violate these Terms Of Use. Company may also terminate the Connected Appliance Services at any time, with prior notice, for technology obsolescence or other reasons affecting the ongoing viability of the Connected Appliance Services. In the event of termination for any such reason, you shall no longer be authorized to use or access the Connected Appliance Services, and (subject always to section VIII) Company shall have no liability as a result of any such termination. In such event you may continue to use your appliances as normal appliance, but the Connected Appliance Services associated with them will no longer be available.




2. Deactivation of Account by You

   You may deactivate (de-register) your account at any time by writing to the privacy officer at the address indicated in section 10 of the Privacy Statement. If you deactivate your account, data related to your Connected Appliance and your use of the Connected Appliance Services that was collected by Company will be retained by Company but will no longer be associated with your personal information. Deactivating your Connected Appliance Services account will stop you from receiving further Connected Appliance notifications that are provided as part of the Connected Appliance Services. If you choose to keep your Connected Appliance connected via wi-fi after you deactivate your account, your Connected Appliance will continue to transmit certain appliance usage data to Company. If you wish to avoid any such transmission you must deprovision (disconnect) your Connected Appliance from your wireless router and turn off the wireless connection button on your appliance.

X. GENERAL

1. Jurisdiction and applicable law

   These Terms of Use are governed by the laws of Ireland and you submit to the exclusive jurisdiction of the Irish Courts.

2. Waiver

   If Company fails to insist upon the strict performance of any of its obligations under these Terms of Use, or if it fails to exercise any of the rights or remedies to which it is entitled to under these Terms of Use, this shall not constitute a waiver of such rights or remedies and shall not release you from compliance with such obligations. A waiver by Company of any default shall not constitute a waiver of any subsequent default. No waiver by Company of any of your obligations under these Terms of Use shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

3. Severability

   If any term of these Terms of Use are determined by any court or any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

4. Entire agreement

   These Terms of Use and any other terms or conditions accepted by you in connection with your use of the Connected Appliance and the Connected Appliance Services represents the entire agreement between you and Company in relation to their subject matter and supersede any prior agreement, understanding or arrangement between you and Company, whether oral or in writing.
   Both you and us acknowledge that neither you nor us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us except as expressly stated in these Terms of Use.

XI. CONTACT US

Any questions or complaints regarding your Connected Appliance or the Connected Appliance Services should be directed to your local Company customer service call centre as indicated in your Application or the documentation that comes with your Connected Appliance.