Daikin on Site Terms of Use

Please read through these conditions of use carefully.

These terms and conditions ('Terms of Use') are a binding legal agreement between you ('You' or ‘Your’) and Daikin Europe N.V., a company having its registered offices at Zandvoordestraat 300, 8400 Oostende, Belgium ('Daikin') concerning the access to the application ('Application') and constitutes the complete agreement between Daikin and You. These Terms of Use shall supersede any other provisions, terms and conditions set forth by You, and the rights of the parties shall therefore be governed exclusively by the provisions, terms and conditions set forth herein.

By using the Application, You agree to be bound by the terms and conditions of these Terms of Use. If You do not agree with these Terms of Use, You may not use the Application in any manner.

Subject to the terms and conditions of these Terms of Use, Daikin grants You a non-exclusive and non-transferable license to use the Application on devices with suitable operating systems as designated by Daikin for the purpose to remotely monitor and control your Daikin equipment in the country of Your choice in the EMEA territory (where available).

These Terms of Use do not grant any right of use in any manner other than the above. In particular You are advised that the re-distribution, sale, lease, rental or export of the Application in any form without written authority from Daikin is explicitly prohibited. Unless as explicitly permitted under these Terms of Use, You shall not copy, reproduce, modify, transmit or distribute the Application or any portion thereof, or facilitate a third party to do so. You will not submit any information on the Application that is unlawful. You agree not to upload or transmit to or through this Application any computer viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer.

You must not use the Application in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use the Application to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm or other malicious computer software.

The Application is to be used on Your costs and expenses on Your own device/hardware in accordance with this Terms of Use.

In these terms and conditions of use, “Your content” means material that you submit to our Application.
You warrant and represent that your content will comply with these terms and conditions. You will not submit any information on the Application that is unlawful or illegal, that infringes any third party's legal rights and that is capable of giving rise to legal action whether against You or Daikin or a third party (in each case under any applicable law).

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

If you become aware of any content on the website that breaches these terms and conditions, please notify us immediately by email or using our website contact form.

The access to this Application is on invitation only by Daikin. Daikin may withdraw this access rights at any moment.

Daikin will consider any use of this Application as usage by You. Daikin shall in no circumstances be liable for any damages arising out of any abuse or misuse of registered accounts by third parties due to Your inappropriate management of Your registered account. Please notify Daikin immediately if You become aware of any unauthorized use of Your account. You are always free to terminate Your account.

Please note that the price to be paid for renewal of Your account covers a whole year renewal and could not be subject to partial / pro rate reimbursement.

Since the access to the Application is linked to Your professional occupation as an employee or a representative of a company having bought our products You will notify Daikin in case your professional occupation changes. The access to the functionalities of the Application depends on the role of the user and the level of involvement with the system/equipment.
Daikin has the right to block access after receipt of a notification regarding changes to Your professional occupation from Your employer or principal.
You can request to have Your log-in credentials deleted at any time without specifying a reason, as long as this does not conflict with any statutory provisions.

Daikin owns or is licensee of all (intellectual) property rights in the Application and its content and You acknowledge that You do not acquire any rights in respect of such intellectual property rights, except as otherwise explicitly provided in these Terms of Use.

All Trade Names, logos, pictures and Trade Marks displayed through the Application (if any) that belong to Daikin now or hereafter is/shall be the sole property of or are licensed to Daikin or its affiliate(s). Your use of the Application should not be construed as granting, by implication or otherwise, any license or right to use any Trade Names and Trade Marks displayed through the Application (if any).

Daikin has compiled the content of this Application (including translations) to the best of its knowledge. The present Application (and its content) is however drawn up by way of information only and does not constitute an offer binding upon Daikin. Daikin does not warrant that the Application will be error-free. This Application and its content is provided on an 'AS IS' basis, without warranty of any kind - either express or implied, including but not limited to warranty of title and against infringement or implied warranties of merchantability or fitness for a particular purpose - is made in relation to the completeness, availability, accuracy, reliability of the Application or its content and the products and services presented therein.

This Application has inherent limitations including but not limited to possible design faults and programming bugs. The entire risk to the quality and performance of the Application is borne by You, and it is Your responsibility to ensure that it does what You require it to do prior to using it for any purpose (other than testing it).

When You use the Application You acknowledge and accept that You do so at Your sole risk. You agree that under no circumstances You shall have any claim against Daikin or associated companies whether as employee, subcontractor, agent, representative, consultant, installer or otherwise for loss, damages, harm, injury, expense, work stoppage, loss of business information, business interruption, computer failure or malfunction which may be suffered by You or any other party from any cause whatsoever, howsoever arising in connection with the use of the Application and its content even where Daikin were aware or ought to have been aware of the potential of such loss. Daikin is not liable for damages arising from any interruption to the Application, for damages caused by technical defects or viruses (or similar disruptive elements). To the maximum extent permitted by applicable law, Daikin shall not be liable for any direct, indirect, general, special, incidental, punitive and/or consequential damages, costs, expenses, and/or losses arising out of the use or inability to use the Application and/or the interpretation of its content.

Daikin is not responsible for Your or third party’s network, systems or network connections or for conditions or problems arising from or related to Your or third party’s network connections (e.g., bandwidth issues, excessive latency, network outages), or caused by the internet. You are responsible for configuration, management, security and maintenance of Your networks and systems and for the security, integrity and backups of your data.

You indemnify Daikin and affiliated companies and hold them harmless against any claims which may arise from any loss, damages, harm, injury, expense, work stoppage, loss of business information, business interruption, computer failure or malfunction which may be suffered by You or any other party whatsoever as a consequence of any act or omission of Daikin or affiliated companies, whether negligent or not, arising out of Your use of the Application and its content or from any cause whatsoever, howsoever arising in connection with the Application.

You will safeguard Daikin from any claims for the compensation of any damage, from third parties, which may result from the use of this Software by You.

Daikin may at any time terminate immediately these Terms of Use and Your access to the Application if:

• You breach any provision of these Terms of Use 
• Daikin is required to do so by law
• The account of Your employer to which Your account is linked is terminated for whatever reason 
• Our invoice for yearly renewal of Your account is not paid on due date 

Upon the termination of this Application, You will discontinue all use of the Application.

Daikin reserves the right to release new versions of the Application (including changes in functionality or interface) that could replace earlier released versions of the Application or to update the Application's content from time to time at Daikin's own discretion and without prior announcement.

If a revision meaningfully reduces Your rights, Daikin will use reasonable efforts to notify You (by, for example, sending an email to the billing or technical contact You designate on the Application platform,). In this case, the modified version will be effective upon Your next renewal of Your license. You may be required to click through the updated Terms of Use to show your acceptance. If You object to the updated Terms of Use, as Your exclusive remedy, you may choose not to renew.

The protection of Your personal data matters to Daikin. Daikin aims to process Your personal data in a lawful, appropriate and transparent manner. 

Take Your time to read the Data Protection Policy and its main key terms, that You will find hereby in capitalized form.

The Application its content and your use of the Application and its content are subject to international laws that govern the import, export and use of the Application and its content. You agree to comply with all laws, restrictions and regulations.

The provisions of these Terms of Use shall also apply to and bind Your legal successors, administrators, legal representatives, and Your permitted assignees.

Except where explicitly stated otherwise herein, if any provision of these Terms of Use is found to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms of Use, and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. In such cases You agree to attempt to substitute for each invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the objectives and intention of the invalid or unenforceable provision.

The validity and interpretation of these Terms of Use will be governed by the laws of Belgium and any claim arising out of these Terms of Use shall exclusively be brought for the Courts of Brussels.

Any translation of this Terms of Use is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this Terms of Use shall govern.

If you require any further information or have other questions please contact us via info@daikineurope.com.