Terms of Use

Last modified: 8.09.2020

These terms of use (“Terms of Use”) are a binding legal agreement between you (“You” or “Your”) as user of this mobile application, web application or software application (“Application”) and Daikin Europe N.V. and its subsidiaries ("Company", “Our”) concerning the access to and use of this Application.

Your access to and use of this Application will be deemed as acceptance by You of these Terms of Use. Please note that for certain parts of this Application specific terms of use might be applicable. Your access and/or use of these parts will be deemed as acceptance by You of these specific terms of use.

The Company reserves the right to update the Terms of Use and to modify any products, services and any (related) information included in the Application and/or to the Application (in full or partly) without prior notice. The Company reserves the right to interrupt or discontinue operation of the Application without prior notice.

If You are under 18, You may accept these Terms of Use and use the Application only with involvement of a parent or guardian.

1. Use of the Application 2. End User license 3. Intellectual Property Rights. 4. Warranty Disclaimer 5. Limitation of Liability 6. Linking 7. Data Protection 8. About cookies 9. Choice of law 10. Severability 11. Contact Information 12. If applicable

1. Use of the Application

Access to the Application

You might need to register prior to receiving access to the Application by creating an account. The access to this Application might be on invitation only from the Company. The access to the Application might be linked to Your professional occupation as an employee or as a representative of a company selling our products. You will provide the Company with true and correct (contact) information and You will keep this information up to date, to ensure that the Company always has correct information in connection with Your account.

The Company may block Your access rights or withdraw Your access rights at any moment without prior notice at its own discretion.

You are responsible for all activities that occur related to Your account; You should take the necessary measures against any abuse or misuse . If You suspect that Your account may have been compromised, You should notify the Company immediately and terminate Your account.

 

Company Content

All information, materials, data and electronic files of any kind whatsoever contained and posted on this Application or information related to the Application sent by the Company to You via electronic communications (“Company Content”) are provided by the Company for informational purposes only.

User Content

If applicable, You are able to upload, store, submit information/electronic files in the Application (“User Content”).

The Company reserves the right to edit or remove any User Content that is uploaded in the Application, either stored on servers or that is hosted or published in the Application.

To the extent permitted by applicable legislation, the Company shall not be liable for any loss of or any damage to the User Content (in full or partly).

Acceptable Use

When using the Application, You will refrain yourself from any act that might be considered as improper or illegitimate. You will not upload any information in the Application that is unlawful or illegal, that infringes upon any third party's legal rights and/or that can give rise to legal actions against You, against the Company or against any third party (in each case under any applicable law).

2. End-user license

Some Applications allow You to download client software (“Software”) which may be updated by the Company automatically. You receive a limited, non-exclusive, non-transferable, revocable license to use the Software, limited to the scope of the Application.

You shall not: (a) modify the Application, the Software and/or the Company Content or use it for any commercial purpose; (b) assign, transfer or sublicense any rights granted to You through these Terms of Use; (c) offer the Application for sale or rent; (d) de-compile, decode, reverse engineer or disassemble any software which is included in the Application; (e) remove any copyright, trademark or other proprietary notices from the Application; (f) take any actions which interfere with intellectual property rights of the Company; or (g) copy, display, transfer, license, reproduce, publish, download, upload, post, transmit, distribute or sell, in whole or in part, the Application or use the Application to create a derivative work.

Except as expressly provided in these Terms of Use, there are no other express or implied rights granted to You.

3. Intellectual Property Rights

Your use of the Application cannot be constructed as granting any license or right to use the Company Content of this Application, to use the trademarks, logos and product names appearing in the Application that belong to the Company or to other right holders (collectively, “Trademarks”). Use of Trademarks without written authorization from the Company is prohibited.

The Application and/or the Company Content, including but not limited to text, photographs, images, software, music, audio video clips and any other copyright protected material belongs to the Company. Duplication, public transmission, distribution, modification, deletion, or without the authorization of the Company is prohibited under copyright law except for specific use that is permitted under the applicable copyright legislation.

4. Warranty Disclaimer

YOU UNDERSTAND AND AGREE THAT THE APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. THE COMPANY MAKES NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER WARRANTS THE COMPANY THAT THE APPLICATION IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, THE COMPANY MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY, TIMELINESS, RELIABITY , ADEQUACY, SEQUENCE OR COMPLETENESS OF ANY INFORMATION, DATA, OPINIONS, ADVICE OR STATEMENTS MADE ON THESE WEBSITES OR FOR THE QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE ON ANY THIRD-PARTY APPLICATIONS (OR THE CONTENT THEREOF), FOR USER CONTENT OR DEVICES, FOR COMPANY CONTENT AND THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS.

NO ADVICE OR INFORMATION OBTAINED BY OR THROUGH THE APPLICATION SHALL CREATE ANY WARRANTY ON BEHALF OF THE COMPANY.

THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

5. Limitation of Liability

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE APPLICATION IS TO STOP USING THE APPLICATION AND, IF APPLICABLE, UNINSTALL THE SOFTWARE. YOU AGREE THAT THE COMPANY HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO THE COMPANY, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.

IN NO EVENT WILL THE COMPANY, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR:

(1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY, DAMAGES ; (2) ANY: (A) LOSS OF USE; (B) LOSS OF USER CONTENT; (C) LOSS OF BUSINESS; (D) LOSS OF PROFITS; OR (E) DAMAGE TO DEVICES, (F) DAMAGES IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE APPLICATION, DEVICES, THIRD PARTY APPLICATIONS, THIRD PARTY APPLICATION CONTENT, COMPANY CONTENT OR USER CONTENT; (3) NON-PERFORMANCE OR INADEQUATE PERFORMANCE OR DELAY TO THE OBLIGATIONS DERIVING FROM THE AGREEMENTS CAUSED BY FORCE MAJEURE OR ANY CAUSE WHICH IS NOT REASONABLY FORESEEABLE OR BEYOND THE COMPANY’S REASONABLE CONTROL.

NOTHING IN THIS TERMS OF USE LIMITS THE COMPANY4S LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE AND, IF REQUIRED BY APPLICABLE LAW, GROSS NEGLIGENCE.

6. Linking

To a third-party website

This Application might contain links to third-party websites over which the Company has no control. The Company makes no representation whatsoever about any third-party website which You may have access to through this Application. The inclusion of such links does not imply that the Company endorses or accepts any responsibility for the content or any use of such third-party websites.

When accessing third-party websites from this Application, You do so at Your own risk and in accordance with the terms and conditions and privacy policy of this third-party website. The Company does not warrant, endorse, guarantee or assume responsibility for the accuracy, timeliness, reliability, adequacy, sequence or completeness of any information, data, opinions, advice or statements made on these websites or for the quality of any products or services available on such websites.

To a website of the Company

You may link to a website of the Company on condition that it is clearly mentioned that the visitors will be redirected to a website of the Company when using the link . The link may not be misleading and may not create the impression that the website of the Company or parts of it are part of another website. For example, framing, deep linking or inline linking to a website of the Company is not allowed without the prior written permission of the Company.

You can apply for permission via this form .

Except in case of prior written approval by the Company, no links to a website of the Company may appear on any page of Your website.

7. Data Protection

The Company aims to process Your personal data in a lawful, appropriate and transparent manner.

Take Your time to read Our Data Protection Policy. By using the Application, you agree that the Company can process your personal data in accordance with Our Data Protection Policy.

8. About cookies

This Application might use cookies and similar tools to improve its performance and enhance Your user experience and by continuing to use this Application without changing Your settings, You consent to their use. To find out more about our use of the cookies or how to change Your settings, please see our Cookie Policy .

9. Choice of Law

The parties agree to submit to the courts of Brussels only, any dispute arising out of the Terms of Use or related thereto and consent to the jurisdiction of said courts and further agree that any and all matters of dispute shall be adjudicated, governed and controlled under and by Belgian law and this paragraph shall supersede any conflicting choice of law rules.

10. Severability

The invalidity of any paragraph, subparagraph or portion of the Terms of Use shall not affect the validity of any other paragraph, subparagraph or portion hereof and such invalid paragraph, subparagraph or portion thereof shall be reformed to achieve the intended spirit and intent of such provision between the parties.

11. Contact information

For questions, comments or feedback please contact us: Daikin Europe N.V., Zandvoordestraat 300, 8400 Oostende, Belgium with company number: 0412.120.336

info@daikineurope.com

12. Monitoring

The Company is allowed to monitor the use of the Application with the purpose of detecting technical issues that users of the Application might encounter and which might affect proper use of the Application. The monitoring is executed in pseudonymised manner. In case the Company identifies technical issues it is allowed to decrypt the pseudonymized data and to identify the User account involved for troubleshooting purposes. In this case, the Company might contact You in order to assist you in finding a proper technical solution.

13. If applicable

Downloads

In case the Application is downloaded, installed and/or used by You as an Apple application, at all times, You will comply with the terms and conditions of Apple as applicable from time to time and available on http://www.apple.com/legal/terms and any terms and conditions of third parties applicable with respect to the use of the Application.

In case the Application is downloaded, installed and/or used by You as a Google Play Store application, at all times, You will comply with the terms and conditions of the Google Play Store as applicable from time to time and available on http://www.google.com/mobile/android/market-tos.html and any terms and conditions of third parties applicable with respect to the use of the Application.

The Application is to be downloaded, installed and used on Your costs and expenses on Your own device.

Google assistant

You have the option to link this Application with Google Assistant. In this case You agree that the Company will share exclusively non-personal data required to perform the services offered through the Google Assistant platform. By linking You agree to be bound by Google’s Terms of Service and Google’s Privacy Policy.