1. In downloading the PHILIPS CLUBBLUE and utilizing the website WWW.CLUBBLUE.CO.NZ (collectively the “App & Website”), the downloader / user agrees to assume all responsibilities and risks with respect to the usage and consequences of utilizing the App & Website.
2. The downloader / user agrees and acknowledges that the App & Website is provided by Philips New Zealand Limited and/or its affiliates (“Philips”) on an “as is” basis without warranties, representations, guarantees or conditions of any kind, either express or implied; including but not limited to warranties concerning the availability, accuracy, safety, completeness, usefulness of the App & Website, services, any warranties of title, non-infringement of intellectual property rights, merchantability, fitness for any particular purpose, warranties that the App & Website is functioning properly, or that the content and material of the App & Website and services provided will be timely, secure, uninterrupted, error-free, or that defects will be corrected, or that the App & Website is free of defects, viruses or other harmful components.
3. The downloader / user agrees with Philips that the App & Website is provided by Philips to the downloader / user at the downloader’s / user’s sole risk and the downloader / user willingly assume full responsibility for any costs and damages howsoever arising associated directly or indirectly with the use of the App & Website. The downloader / user also agrees that Philips will not be liable for any damage of any kind whatsoever and howsoever arising in relation to the provision of the App & Website.
4. Notwithstanding any other clause in this T&C, Philips shall not be liable for any direct damage, indirect damage, causes of action, loss of profits, loss of savings, loss of reputation, loss of goodwill, incidental damages, punitive damages, special damages, consequential damages or any other type of damage arising out of or in connection with the App & Website, whether or not such damages are based on tort, warranty, contract or any other legal theory – even if Philips has been advised, or is aware, of the possibility of such damages. The downloader / user agrees that Philips shall not be liable for all claims of any kind arising from or related to the usage of this App & Website, including, but not limited to, any indemnities, consequential damages, direct damages, indirect damages, penalties, intellectual property claims or liquidated damages.
5. The downloader / user agrees to defend and fully indemnify Philips, and hold Philips harmless against any losses, liabilities, claims, expenses (including legal fees on a full indemnity basis) in any way arising from, related to, or in connection with the downloader’s / user’s usage of the App & Website, including but not limited to, any third party claim, property damage, or a breach of any clause of this T&C.
6. Notwithstanding the provisions of any applicable privacy laws and/or legislations, the downloader / user agrees, allow and give full permission to Philips to make use of any personal information, confidential information and/or data obtained via the downloader’s / user’s usage of the App & Website. The downloader / user grants to Philips an irrevocable unrestricted license, and all waivers necessary, to any data, confidential information, personal information, and those licenses and waivers continue despite termination of this T&C.
7. The download and usage of the App & Website only implies the non-exclusive and non-transferable limited license to the downloader / user under any of Philips’ and/or its affiliates’ intellectual property rights used in the App & Website to use the said App & Website. Notwithstanding anything to the contrary in this T&C, this T&C shall not be construed as conferring any right, license or immunity, either directly or by implication, estoppel or otherwise to the downloader / user or any third party under any intellectual property rights belonging to Philips or intellectual property rights of any third party. In addition, the downloader / user shall not: (a) modify, adapt, alter, translate, or create derivative works from any software residing in or provided by Philips in conjunction with the App & Website; (b) assign, sublicense, lease, rent, loan, transfer, disclose, or otherwise make available such software; (c) merge or incorporate such software with or into any other software; or (d) reverse assemble, decompile, disassemble, or otherwise attempt to derive the source code for such software.