Terms and Conditions ClubBlue

Terms of Use

VERSION: 20 October 2016  


Thank you for your interest in Philips Lighting New Zealand ClubBlue App! This App is offered to you by Philips Lighting B.V., a Dutch limited liability company, with its principal office at High Tech Campus 45, 5656 AE Eindhoven, the Netherlands ("Philips Lighting").

 

Applicability: Please note that your use of and interaction with this App is subject to these Terms of Use, which remain in full force and effect so long as you continue to use or access the App, or until terminated earlier in accordance with the provisions of these Terms of Use. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU SHOULD NOT ACCESS OR USE THE APP. Any use or access or providing access to the App by anyone under the age of 18 is strictly prohibited and is a violation of these Terms of Use. By clicking to accept these Terms of Use, you acknowledge that you have read all of its terms, and that you understand and agree to be bound by these Terms of Use. These Terms of Use only governs the use of App and in no way affects or overrides any contract(s) that you have with Philips Lighting or its Affiliates with regards to Philips Lighting products or services.

 

This App will: provide you information about complete range of LED and connected lighting products and solutions from Philips Lighting, latest products and services and information relating to in-store promos, training, LED certification, how-to-videos, etc.

 

Privacy: Privacy of our end users is important to us, please read the privacy notice provided separately to you in this App carefully.

 

Access and Activation: Accessing and using the App requires you to register as a user. When you apply for a user account, you need to provide your valid, current and verifiable email address, which will become your user name. You have the possibility to change the password via this App at any stage. The App is for registered electrical contractors. Philips Lighting will, at our own discretion, approve or disapprove your request to use this app.

 

You are solely responsible for maintaining the confidentiality of your user account, user name and password. The user account, login name and password is strictly for you and it not allowed to share the foregoing details with anyone else. You are also solely responsible for restricting access to your computer(s) or mobile device(s). You agree to accept responsibility for all activities occurring under your account, user name, and/or password that are due to your conduct, inaction, or negligence. We may, at our own discretion, bar registration from any specific e-mail service or ISP.

 

Third Party Services and Open Source Software:  Sometimes when you use the App you may (as a result of, or through your use of the App) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms of Use do not affect your legal relationship with these other companies or individuals. If the App contains a third party software or component or an open source software or component then the use of such software or component shall be subject to the terms of use of such third party software or component or such open source software or component. Your license rights under these Terms of Use do not include any right or license to use, distribute or create derivative works of the App in any manner that would subject the App to Open Source Terms. "Open Source Terms" means the terms of any license that require as a condition of use, modification and/or distribution of a work, the making available of source code or other materials preferred for modification, and/or the granting of permission for creating derivative works, and/or the reproduction of certain notices or license terms in derivative works or accompanying documentation, and/or the granting of a royalty-free IP license to any party. Certain features of the App may require you to access or visit a third party website or application which is not owned, controlled, managed or operated by Philips Lighting. Philips Lighting does not take responsibility for the content or the practices of third party website. This redirection and/or inclusion of a linked third party website in the App in no way implies any endorsement from Philips Lighting of a linked third party website's or app’s content, advertisers or sponsors. If you link to or use such third party website or app, you do so at your own risk.

 

Amendments: These Terms of Use may be amended by Philips Lighting at any time. By continuing to access or use the App after such posting, you will be deemed to have accepted such amendments. You are advised to regularly review these Terms of Use and related terms and conditions, if any. 

 

Affiliates: For purposes of these Terms of Use, the term "Philips Lighting" may also be construed to include affiliates of Philips (“Affiliates”), which include Philips Lighting N.V. and any and all companies, firms and legal entities with respect to which now or hereafter Philips Lighting N.V. directly or indirectly holds (i) 50% or more of the nominal value of the issued share capital; or (ii) ownership interest; and/or (iii) 50% or more of the voting power at general meetings; and/or (iv) has the power to appoint a majority of directors; and/or (v) to otherwise direct their activities and activities of such other companies, firms or legal entities as may be appointed by Philips Lighting N.V. Without limiting the generality of the foregoing, the term "Philips" or "we" shall be deemed to include Philips Lighting B.V.

 

Right to access and use: Philips Lighting grants you a non-exclusive, non-transferable, non-sub licensable, revocable and limited right solely to access the App, to download and use the App’s software and service, and to access the content of the App (“Content”) according to these Terms of Use.

 

Restrictions: You shall not, and you shall not permit any third party to (a) reverse engineer, decompile, or disassemble the App, except to the extent that applicable law expressly prohibits the foregoing restriction; or (b) modify or adapt the App, merge the App into another program or create derivative works based upon the App. You agree to (a) not use the App in violation of any laws, regulation or court order, or for any unlawful or abusive purpose; (b) use the App only as intended by Philips Lighting and strictly in compliance with these Terms of Use; (c) not use the App in any manner that could harm Philips Lighting, its licensors, its service providers, or any other person; (d) not republish, reproduce, distribute, display, post or transmit any part of the App, and (e) comply with any other reasonable requirements or restrictions requested or imposed by Philips Lighting at any time; (f) publish and/or post any abusive, obscene or inappropriate content on the App; (g) introduce any viruses or attempt to disable or circumvent any security settings of the App. You assume full responsibility for the legal and responsible use of the App.

 

Upgrades, updates: Philips Lighting may, at its sole option, make upgrades or updates to the App for seamless service, and may do so remotely without notifying you. Updates, upgrades or changes are subject to these Terms of Use, unless such upgrade or update is accompanied by a separate license in which case the terms of that license will govern. If you do not want such updates or upgrades, your sole remedy is to cease using the App altogether.

 

Support: For any questions and support with regards to the App, please contact Philips Lighting at clubblue@philips.com or you can reach out Philips Lighting at 0800 4LIGHT / 0800 454 448

 

Disclaimer of Warranties: ALL CONTENT AND USER GENERATED CONTENT (INCLUDING, WITHOUT LIMITATION, TEXT, IMAGES, GRAPHICS, LINKS, AND OTHER MATERIALS) ON THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE". PHILIPS LIGHTING AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF ANY WEB SITE AND THE APP, THE CONTENT OR USER CONTENT. NEITHER PHILIPS LIGHTING NOR ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS WARRANTS OR MAKES ANY REPRESENTATIONS THAT (I) THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP (INCLUDING ANY TOOLS, INFORMATION AND MATERIALS OR CONTENT ON OR IN THE APP INCLDUING TCO Tool) WILL BE CORRECT, COMPLETE, ACCURATE, RELIABLE, OR OTHERWISE MEET YOUR REQUIREMENTS. YOU AGREE THAT FROM TIME TO TIME PHILIPS LIGHTING MAY REMOVE OR CHANGE CERTAIN SERVICES AND/OR FEATURES OF THE APP FOR INDEFINITE PERIODS OF TIME, CANCEL THE SERVICES AND/OR APP AT ANY TIME. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE APP AND/OR RELATED SERVICES IS AT YOUR SOLE RISK.

 

Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PHILIPS LIGHTING, OR ANY AFFILIATES OR OWNERS OR LICENSORS OF, OR AUTHOR OR CONTRIBUTORS TO, THE SOFTWARE OR APP , BE LIABLE FOR ANY 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; LOSS OF CONTENT PROVIDED BY YOU OR ANY DAMAGES RELATING TO YOUR FAILURE TO KEEP YOUR ACOUNT INFORMATION OR PASSWORD SECURE) 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 OR THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PHILIPS LIGHTING OR ITS AFFILIATES’ OR IT’S LICENSORS’ AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THESE TERMS OF USE OR OTHERWISE WITH RESPECT TO THE SOFTWARE AND APP SHALL NOT EXCEED THE AMOUNT OF THE FEE PAID BY YOU FOR THE APP OR FIFTY EURO (€50.00), WHICHEVER IS HIGHER.  SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

Your Indemnity: By using the App, you agree, to the maximum extent permitted by applicable law, to indemnify and hold Philips Lighting, its Affiliates, subsidiaries, , licensors, brand licensees, other partners and suppliers and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns harmless with respect to any claims, damages, liabilities, costs and expenses (including reasonable attorneys' and professionals' fees and litigation costs)  that arise out of the posting, content, or transmission of any message, data, material or any other content you submit on the App or any violation of these Terms of Use by you.

 

Ownership and intellectual property rights: Copyrights and all other intellectual property rights in the App and the Content provided by Philips Lighting, its Affiliates, licensors, and/or partners, the compilation of data on the App, and the order, sequence and arrangement of this App, are solely owned by Philips Lighting B.V. and / or its  Affiliates, partners or licensors. All rights are reserved. You may not use the Content and the App other than expressly permitted in these Terms of Use. Philips Lighting and its Affiliates or its licensors retain ownership of all its rights in Content and in and to the App, and except as expressly set forth herein, no other rights or licenses are granted or implied to be granted under any Philips Lighting intellectual property.

 

Termination: These Terms of Use shall terminate with or without notice (i) at the discretion of Philips Lighting, due to your failure to comply with any provision of these Terms of Use; or (ii) if any fee charged by Philips Lighting for continued use is not paid in due time; or (iii) upon destruction of your installed copy of the App; or (iv) upon discontinuation of the App by Philips Lighting for any reasons whatsoever. Philips Lighting’s rights and your obligations shall survive the termination of these Terms of Use.

 

Jurisdiction: These Terms of Use shall be construed, interrupted and governed by the laws of the Netherlands without regard to conflicts of law provisions thereof.  Any litigation arising from or relating to these Term of Use shall be filed and prosecuted exclusively before a court of competent subject matter jurisdiction in Amsterdam, however, Philips Lighting may enforce its or its Affiliates’ intellectual property rights in any court of competent jurisdiction, including but not limited to equitable relief. You hereby consent to the jurisdiction of such courts over you and stipulate to the convenience, efficiency and fairness of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts based on the alleged inconvenience, inefficiency or unfairness of such courts. 

 

Export: You will adhere to all applicable domestic and foreign export control laws and regulations and will not export or re-export any party of (the content of) the App disclosed hereunder without having obtained all required national and international government licenses, approvals, or waivers. 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.

 

Miscellaneous: These Terms of Use shall constitute the entire agreement between the parties hereto.  In the event that you have any other agreement(s) with Philips Lighting those agreements are separate and apart from these Terms of Use and these Term of Use shall control the software licensed hereunder and your use and access to the App.  Any waiver of these Terms of Use shall only be effective if it is in writing and signed by both parties hereto.  If any part of these Terms of Use is found invalid or unenforceable by a court of competent jurisdiction, the remainder of these Terms of Use shall be interpreted so as to reasonably effect the intention of the parties