Thank you for choosing a Philips product (“Product”) and for your interest in this mobile application (“App”).
 

When your product is a connected Product, your Product is capable of providing you with services to manage, control and maintain your Product. Such a connected Product can be controlled via an application locally or remotely the App. 

You may also access our website www.philips.com/register to: i) manage your connected Product; ii) register yourself and set your account preferences; iii) access other features the website provides (“Website”).
 

The Product, the App, the software embedded in the Product (and any updates thereto) and the App, the account and the Website are collectively referred to as the “Services”. The Services are offered by Philips Consumer Lifestyle B.V.  (“We” or “Us”) 

By using the Services, you agree to be bound by our Terms of Use (“Terms”), which govern the Services.

In order to be able to fully use the Services you need to:

1. create an Account, and accept the Terms;
   
2. acknowledge the Website and the App as formal channel of our communication to you, for example in relation to any changes in the Services or Terms governing such Services (“Formal Communication”);
3. download the App;
4. for a connected Product, activate the Services by connecting the Product as indicated in the instruction for use.
5. acknowledge that the Services rely on the availability of the infrastructure/system requirements and services of third parties (such as internet service provider, mobile carrier or other), contracted by you or by us.
   

If you do not wish to create an Account you will not be able to access all Services.

Customer Service: If you have any questions or concerns regarding the Products, the Services, or these Terms, please contact our Customer Service at https://www.philips.com/support.

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 at our own discretion, with or without notice (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 so for example 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. You agree that we will not be liable to you or to any third party for the exercise of the aforementioned right.

Account and (de)activation

• Any use or access to the Services by anyone under the age of 16 is strictly prohibited and is a violation of these Terms.

You will maintain the confidentiality of your Account login information and you will be solely responsible for any activities or actions taken under your Account. You will immediately notify us of any unauthorized use of your Account login information.

• You may choose to deactivate or delete your Account on the Website philips.com/c-cs/myphilips  or through our Customer Care by contacting them via https://www.philips.com/support. You will find information on the Website on the consequences of such deactivation or deletion.

Access and Use

We grant you a non-transferable, non-exclusive, right (without the right to sublicense) to access and use the Services by installing and using the App solely on designated mobile device(s) registered on your Account (whether owned by you or another person), and subject to the Terms.

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.

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 for the intended purpose; (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, described in more detail on the Website.

Open Source

The Services 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.

Privacy Notice

The Privacy Notice is available at the Website https://www.philips.com/a-w/privacy-notice.html. This Privacy Notice may change from time to time, so review it with regularity and care.

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 our discretion. We are not liable for any damages resulting from the use on Jailbreak Devices.

Fees and Payable Upgrades

Access to the Services is offered to you free of charge. We may decide to offer additional Services (“Payable Upgrades”) for a fee. We will inform you if an additional Service is to be offered for a fee in the future. In such a case, you may choose to continue your use of the offered Services for free, if applicable, to update with 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 do not 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).

User Content is not provided by us, and we do not endorse opinions, recommendations, or advice expressed therein. When you share your content, we intend to 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.

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, such as your internet service provider or mobile device carrier, which provide you with specific requirements that enable you to use the Services.

Ownership and Intellectual Property

Unless indicated otherwise, we own all intellectual property right(s) 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 our prior written consent, except to use the Services for their intended purposes. We retain all rights that are not otherwise expressly granted in these Terms. 

If you submit a comment, suggestion or any other material to us related to the Services (excluding any illegal content), you you licence us to use and implement any such Feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation to you.

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 and mobile device carrier, 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. IN ANY EVENT WE ARE NOT LIABLE FOR AMOUNTS EXCEEDING THE FEES PAID IN CONNECTION WITH THE SERVICES.

If you are a consumer in Australia, our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

to cancel your service contract with us; and

to a refund for the unused portion, or to compensation for its reduced value

You are also entitled to be compensated for any other reasonably foreseeable loss or damage.

If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

NOTHING IN THESE TERMS (INCLUDING ANY ATTACHMENT OR EXHIBIT) EXCLUDES, RESTRICTS OR MODIFIES ANY RIGHT OR REMEDY, OR ANY GUARANTEE, WARRANTY OR OTHER TERM OR CONDITION, IMPLIED OR IMPOSED BY ANY LEGILSATION WHICH CANNOT LAWFULLY BE EXCLUDED OR LIMITED, INCLUDING SCHEDULE 2 OF THE COMPETITION AND CONSUMER LAW ACT 2010 (CTH) OR THE NEW ZEALAND CONSUMER GUARANTEES ACT 1993 AND THE NEW ZEALAND FAIR TRADING ACT 1986 (“CONSUMER LAW RIGHTS”). EXCEPT AS OTHERWISE EXPRESSLY STATED IN THESE TERMS, ANY AND ALL OTHER WARRANTIES OR CONDITIONS, WHICH ARE NOT GUARANTEED BY YOUR CONSUMER LAW RIGHTS, ARE EXPRESSLY EXCLUDED WHERE PERMITTED, INCLUDING ANY OTHER IMPLIED WARRANTIES AT LAW TO THE EXTENT THEY MAY BE LAWFULLY EXCLUDED BY CONTRACT.