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    Philips Dynamic Touch App– Conditions of use

    Thank you for your interest in the Philips Dynalite Control system, (“Connected Product”) related application (“App”)! This App is part of the Connected Product related services and is offered to you by WMGD Pty. Limited ("Philips"). Your system integrator will use DynamicTouch as a toolkit to create your complete bespoke user experience so that Dynamic Touch provides you with an intuitive and easy to use interface that allows you to control your Connected Product the way you want via iPad, iPhone or iPod Touch. 


    We welcome you to use this App for your personal benefit.  There are just a few rules and restrictions we ask you to keep in mind!

    What this App does for you: It allows you to manage certain aspects of your Connected Product remotely.


    We encourage you to read on; by using the App, you accept the terms as mentioned below.


    Other things you should know about this App:

    Privacy: We value your privacy. Please read our separate privacy notice published in the app store.


    License:  You may use this App in connection with the Connected Product and possibly for services related with the Connected Product (for which you may need to subscribe separately, and for which additional terms may apply on an Apple device owned or controlled by you. This license is non- transferable, non-exclusive and without the right to sublicense and is between you and Philips, and also covers the software embedded in the Connected Product (and any updates thereto).


    Third parties: It is possible that when you use this App you will (also) use a service, download a piece of software, or purchase goods that are provided by a third party. Please know that those third parties may have their own applicable rules and restrictions, separate from these conditions of use. You acknowledge that the services of this App 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


    Warranties: Our goal is to provide you with a great App and a great App user experience. Do know that we are only able to provide you the App "as-is". To the fullest extent permitted by applicable law, we do not warrant anything about the App or its content.


    Liability: As much faith as we have in our App, there is always the possibility that things don't work as they are supposed to. In the unfortunate event that the App 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 fullest extent permitted by applicable law, we cannot accept any liability for any damages incurred as a result of your use of the App. IN ANY EVENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT LIABLE FOR AMOUNTS EXCEEDING THE PURCHASE PRICE PAID IN CONNECTION WITH THE APP, IF ANY.


    Warranties and Liability: The above sections on ‘Warranties’ and ‘Liabilities’ will apply only to the extent that they are consistent with non-excludable Australian laws. Nothing in those sections or these conditions of use limits any consumer guarantees or other rights you may have under non-excludable Australian laws and our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. 


    Jurisdiction: These conditions of use shall be construed, interpreted and governed by the laws of the State of New South Wales, Australia and the Commonwealth of Australia, without regard to conflicts of law provisions thereof.


    Sole point of contact: For any questions, support, product claims and third party intellectual property claims related to this App, please contact the reseller who configured the app for you, or Philips via +612 8338 9899  or support.controls@philips.com.


    Modification: Philips reserves the right to change or modify these conditions of use or any other Philips’ terms, conditions, or policies related to use of the App (including the Privacy Notice) at any time and at its sole discretion by posting revisions within this App.  Continued use of the App following the posting of these changes or modifications will constitute your acknowledgement and agreement to such changes or modifications.

    Automatic Software Updates Philips may update or change software for seamless services, and may do so remotely without notifying you. Updates or changes are subject to the terms of use.


    Certain Restrictions: You agree to (a) not use the App and the services in violation of any laws, regulation or court order, or for any unlawful or abusive purpose; (b) use the App and the services only as intended by Philips; (c) not use the App and 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 App and the services, and (e) comply with any other reasonable requirements or restrictions requested or imposed by Philips


    Suspension, Termination and Discontinuation These terms of use will remain in full force and effect so long as you continue to access or use the App and the related services or until terminated in accordance with the provisions of these terms of use. At any time, Philips may (a) suspend or terminate your rights to access or use the App or the services, or (b) terminate these terms of use with respect to you if Philips in good faith believes that you have used the App or the services in violation of these terms of use. Upon termination you are no longer authorized to use or access the App or services.


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


    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 Apple the right (who will be deemed to have accepted that right) to enforce these conditions against you as a third party beneficiary thereof.


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