TERMS OF USE FOR PHILIPS SKINCARE ASSESSMENT KIT

Thank you for choosing a Philips Skincare Measurement Device (the “Product”) and the Philips Skincare Appapplication (the “App”).

 

The Product, the App, the software embedded in the Product (and any updates thereto) (“Product Software”) and the App (“App Software”), and the https://www.usa.philips.com/c-m-pe/skincoach.html (“Website”) are collectively referred to as the “Services”.

 

These Terms and Conditions are a binding legal agreement, and by using the Services, you agree to be bound by these Terms. The use of the Services for the Product is governed by these Terms.

In order to be able to fully use the Services offered to you by Philips Consumer Lifestyle B.V, the Netherlands ("Philips") 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.  acknowledgethe Website and the Appas formal channel of Philips communication to you, for example in relation to any changes in the Services or Terms governing such Services (“Formal Communication”)

c.  download the App as indicated on the Website

d.  activate the Services by connecting the Product as indicated in the instruction for use.

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

f.  If you do not wish to createan 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 Philips Customer Service at 1-800-243-7884 or check: https://www.usa.philips.com/c-m-pe/skincoach.html

 

IF YOU ACQUIRED THE PRODUCT WITHOUT THE OPPORTUNITY TO REVIEW THESE TERMS OF USE AND DO NOT ACCEPT THESE TERMS, YOU MAY RECEIVE A FULL REFUND OF THE AMOUNT THAT YOU PAID FOR THE PRODUCT, IF ANY, IF YOU RETURN THE PRODUCT UNUSED WITH PROOF OF PAYMENT WITH IN 30 DAYS FROM THE DATE OF PURCHASE.

Overview

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 full force and effect so long as you continue to access or use the Services, or until terminated in accordance with the provisions of these Terms. At any time, Philips may (a) suspendor terminate your rights to access or use the Services, or (b) terminate these Terms with respect to you if Philips in good faith believes that you have used the Services in violation of these Terms. Upon termination you are no longer authorized to use or access the Services.

 

Philips reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that Philips will not be liable to you or to any third party forthe exercise of the aforementioned right.

Account and (de)activation

 

(a)  Any use or access to the Services by anyone under the age of 13 is strictly prohibited and is a violation of these Terms.

(b)  You are fully responsible for safeguarding your Account login information and you agree not to disclose your password to any third party. You agree that you will be solely responsible for any activities or actions taken under your Account, whether or not you have authorized such activities or actions. You will immediately notify Philips of any unauthorized use of your Account login information. You agree that information that you provide to Philips upon creating your Account, and at all other times, will be true, accurate, current and complete.

(c)  You may choose to deactivate or delete your Account via the Appor through the Philips Customer Care at 1-800-243-7884. You will find information on the Website on the consequences of such deactivation or deletion.

Access and Use

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

Automatic Software Updates 

Philips may update or change Product Software for its Services, and may do so remotely without notifying you. 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 Philips; (c) not use the Services in any manner that could harm Philips, its 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 Philips, described in more detail on the Website https://www.usa.philips.com/c-m-pe/skincoach.html

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.

Fees and Payable Upgrades

Access to the Services is offered to you by Philips free of charge. Philips may decide to offer additional Services (“Payable Upgrades”) for a fee. Philips will inform you if a Service is to be offered for a fee in the future. In such a case, you may choose to either continue your use of the offered Services for free, if applicable, or to choose the Payable Upgrade for the required fee or to terminate your use of the Services.

User Content

You maybe able to create or upload content through the Services (“User Content”), in which case you decide what will be come publicly available. We want you and others to enjoy our services, so please don’t use our Services in a way that is commonly considered inappropriate (such as obscene, violating laws andregulations, offensive, discriminatory or infringing someone else’s rights).

User Content is not provided by Philips, 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.

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

Ownership and Intellectual Property

Philips owns all intellectual property right(s) including but not limited to copyrights, trademarks, servicemarks, 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, modify, 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) without Philips’ prior written consent except to use the Services for their intended purposes. 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 Philips related to the Services (excluding any illegal content), you hereby assign all ownership in and to such Feedback to Philips, and acknowledge that we will be entitled to use and implement any such Feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation to you, or grant Philips a license to use such Feedback without any restrictions to the extent the foregoing is deemed ineffective.

Warranty Disclaimers

Our goal is to provide you with a great service experience. HOWEVER DO KNOW THAT WE ARE ONLY ABLE TO PROVIDE YOU THE SERVICES "AS-IS" AND “AS AVAILABLE” AND THAT YOU CANNOT RELY ON THE TIMELINESS OR ANY OF THE RESULTS THAT YOU MAY OBTAIN FROM THE SERVICES. This is among others due to the fact that 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 Philips has no influence. Therefore Philips 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. 

 

YOU UNDERSTAND AND AGREE THAT PHILIPS IS NOT ENGAGED IN THE PRACTICE OF MEDICINE AND THAT THE APP IS AN INFORMATION TOOL ONLY AND IS NOT A SUBSTITUTE FOR PROFESSIONAL JUDGMENT OF HEALTHCARE PROVIDERS IN DIAGNOSING AND TREATING PATIENTS. YOU SHALL INDEMNIFY PHILIPS FULLY AND HOLD PHILIPS HARMLESS AGAINST ANY LOSSES OR LIABILITY INCONNECTION WITH ANY CLAIM ARISING DUE TO YOUR USE OF THE SOFTWARE FOR PURPOSES OF DIAGNOSIS OR TREATMENT.

Limitation of Liability

IN NO EVENT WILL PHILIPS, OR ANY OWNERS OR LICENSORS OF, OR AUTHOR OR CONTRIBUTORS TO, THE APP, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; BUSINESS INTERRUPTION; OR PERSONAL INJURY OR DEATH) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. PHILIPS’ AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE APP OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE FEE PAID BY YOU FOR THE APP.

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. For example, we may temporarily highlight the new or revised sections in these Terms, temporarily post a prominent notice on the Website or registration/login page, or temporarily add the word "Updated" to the title of these Terms and/or any hypertext links pointing to these Terms. In some instances, we may also send you an e-mail message or other communication telling you about the changes and any choices you may have or actions you can take before they go into effect. 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.

 

The parties hereby agree that the United Nations Convention on Contracts for theInternational Sale of Goods will not apply to these Terms.

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. Also you irrevocably grant the mobile application store where you have purchased the Appthe right (who will be deemed to have accepted that right) to enforce these conditions against you as a third party beneficiary thereof.

 

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. Governmen tapproval, unless the appropriate export license or approval has first been obtained.