PANASONIC SCV3 CONTROL HUB APPLICATION TERMS OF USE
PLEASE READ THESE LICENCE TERMS CAREFULLY
These Terms and Conditions (“Terms of Use”) constitute a legally binding agreement made between you, (“you”) and Panasonic Marketing Europe GmbH, Hagenauer Strasse 43, 65203 Wiesbaden, Germany (“Panasonic”, “we”, “us” or “our”), concerning your access to and use of our Application. You agree that by accessing the Application, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APPLICATION AND YOU MUST DISCONTINUE USE IMMEDIATELY.
You must be 18 or over to accept these Terms of Use and download the Application.
What this agreement does
We license you to use:
- Panasonic SCV3 Control Hub Application mobile application software, (“App”) and any updates or supplements to it.
- The service you connect to via the App and the content we provide to you through it (“Service”).
as permitted in these Terms of Use.
Your privacy
We care about data privacy and security.
We only use any personal data we collect through your use of the App and the Services in the ways set out in our privacy policy. By using the App, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please review this at Datenschutzerklärung | Panasonic. Please be advised the App is Cloud based.
Additional terms also apply
The Terms and Conditions and privacy policies of the App Store from which you downloaded the App may also apply (“Platform Terms”). If there is any conflict between these Terms of Use and the Platform Terms, then these Terms of Use will prevail.
Mobile Provider Terms
Your agreement with your mobile network provider (“Mobile Provider”) will apply to your use of the App. You acknowledge that you may be charged by the Mobile Provider for data services while using certain features of the App or any such third party charges as may arise and you accept responsibility for such charges. If you are not the bill payer for the Device being used to access the App, you will be assumed to have received permission from the bill payer for using the App.
How you may use the App, including how many devices you may use it on
In return for your agreeing to comply with these Terms of Use you may:
- download or stream a copy of the App and view, use and display the App and the Service on such devices; and
- receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.
User Representations
By using the App, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not under the age of 18; (5) you will not access the App through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the App for any illegal or unauthorized purpose; and (7) your use of the App will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the App (or any portion thereof).
User Registration
You may be required to register with the App. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
Update to the App and changes to the Service
We reserve the right to change, modify, or remove the contents of the App at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our App. We also reserve the right to modify or discontinue all or part of the App without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the App.
We cannot guarantee the App will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the App, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the App at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the App during any downtime or discontinuance of the App. Nothing in these Terms of Use will be construed to obligate us to maintain and support the App or to supply any corrections, updates, or releases in connection therewith.
We are not responsible for other websites you link to
The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
Licence restrictions
You agree that you will:
- not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person;
- not copy the App or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these Terms of Use;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things.
Acceptable use restrictions
You must:
- not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use;
- not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service;
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
- not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
Intellectual property rights
All intellectual property rights in the App and the Services throughout the world belong to us and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Services other than the right to use them in accordance with these Terms of Use.
Our responsibility for loss or damage suffered by you
(1) We shall be liable to you in the event of intent and gross negligence in accordance with the statutory provisions.
(2) In other cases, we shall only be liable - unless otherwise regulated in (3) - in the event of a breach of a contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which you may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in (3).
(3) Our liability for damages resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
Term and Termination
These Terms of Use shall remain in full force and effect while you use the App. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Changes to these terms
We reserve the right to update or change these Terms of Use at any time.
How to tell us about problems
If you need to contact us regarding the app and the service provided within, please email scv3app@eu.panasonic.com.
No assignment
No subscription to the App and/or Services shall be assigned or otherwise transferred in whole or in part by you without our prior written consent.
If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these Terms of Use operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms of Use, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to this contract and where you may bring legal proceedings
These Terms of Use are governed by German law.
The competent courts of Wiesbaden shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) that arises out of, or in connection with, these Terms of Use or its subject matter or formation.