Thank you for choosing the Philips Avent Smart baby bottle app.
Your Philips Avent Smart baby bottle App application is capable of providing you with relevant information regarding the use of your Philips Avent Smart baby bottle. The application also provides other features you can access (the “App”).
The Philips Avent Smart baby bottle (including the embedded software, including the update thereto) and the App 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.
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:
- accept the terms and conditions for use of the Services, set forth below, (the “Terms”);
- acknowledge the App as formal channel of Philips communication to you, for example in relation to any changes in the Services or Terms governing such Services (“Formal Communication”);
- download the App as indicated on the user manual;
- activate the Services by connecting the Product as indicated in the user manual.
- 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.
Customer Service: If you have any questions or concerns regarding the Products, the Services, or these Terms, please contact Philips Customer Service on phone number 0900 202 11 77 (Netherlands, local rates apply).
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.
At any time, Philips may at its own discretion, with or without cause or notification (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.
Philips may invoke these rights for example (but not limited to) 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.
Access and Use
Any use or access to the Services by anyone under the age of 16 is strictly prohibited and is a violation of these Terms.
Philips grants 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.
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.
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 in the App.
The App or Philips Avent Smart baby bottle 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 can be found in the user manual of your Philips Avent Smart baby bottle. 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 firstname.lastname@example.org 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.
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, service marks, 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.
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.
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.
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.
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 the International Sale of Goods will not apply to these Terms.
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 App the 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. Government approval, unless the appropriate export license or approval has first been obtained.