LAST UPDATED: March 3, 2020
TERMS OF SERVICE
BY CLICKING OR TAPPING THE CHECKBOX TO AGREE TO THIS AGREEMENT, OR BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT.
IF YOU ARE AN INDIVIDUAL ACCESSING OR USING THE SERVICES ON BEHALF OF, OR FOR THE BENEFIT OF, ANY CORPORATION, PARTNERSHIP, OR OTHER ENTITY WITH WHICH YOU ARE ASSOCIATED (AN “ORGANIZATION”), THEN YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU CONFIRM THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT. REFERENCES TO “YOU” AND “YOUR” IN THIS AGREEMENT WILL REFER TO BOTH THE INDIVIDUAL USING THE SERVICES, AND TO SUCH ORGANIZATION.
1. Description of the Services
The “Services” consist of the following:
2. Use of the Services. Subject to your compliance with this Agreement and for the duration of this Agreement, we permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to use the Services for the sole purpose of remotely controlling and monitoring FGL Products through the App and/or Devices. The App and Product Software are licensed (not sold) to you.
3. Our Right to Make Changes.
3.1 Changes to this Agreement. We may change the terms and conditions of this Agreement from time to time, such as to reflect changes in the Services, relevant laws and regulatory requirements, by notifying you of such changes by any reasonable means and by making available a revised Agreement through the Services. By clicking or tapping to agree to such revised Agreement, or your continued use of the Services will constitute your acceptance of such changes.
3.2 Changes in the Services. We may, at any time and without liability, (a) make additions to, modify, or discontinue all or part of the Services (including access to the Services via any third-party links) for valid reasons (e.g., to reflect changes in relevant laws and regulatory requirements, to protect and ensure security of our system and the Services, or to implement reasonable technical adjustments and improvements); (b) charge, modify or waive any fees required to use the Services where reasonably necessary; or (c) offer opportunities to some or all user of the Services. We will seek to notify you by any reasonable means of (i) any modifications to the Services that will have a material adverse effect on the use of the Services, taken as a whole; and (ii) any material increases in the fees charged by us to use the Services. We reserve the right to introduce new features or functionality for which the payment of fees may be required and shall notify you of such fees by reasonable means. Such fees will not apply to you unless you accept such new features or functionality.
5. Jurisdictional Issues. The Services are controlled or operated (or both) from the country in which Company Contracting Party resides (as set forth in Section 19), and is not intended to subject Company Contracting Party to any jurisdiction or law except as set forth in Section 19. The Services may not be appropriate or available for use in some jurisdictions. You must comply with all applicable laws, rules and regulations in connection with your use of the Services. We may limit the Services’ availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose, for valid reasons (e.g., to comply with relevant laws and regulatory requirements, to protect security or to implement reasonable technical adjustments and improvements).
6. Rules of Conduct. In connection with the Services, you must not:
7. Equipment. You are responsible for obtaining, maintaining and paying for all hardware, software, telecommunications and other necessary environment to access and use the Services (including, without limitation, the computer devices in which the App is installed, FGL Products and Devices) (collectively, “Equipment”), and your failure to obtain, maintain, and to pay for the necessary Equipment may prevent you from accessing or using the Services. For example, in order to protect security of the Services (including our network or servers used to provide the Services), we may suspend your use of the Services if the operating system running on your computer device is not updated to its most current version.
8. Registration. You may be required to register for a user account in order for you to use certain features of the Service. We may reject, or require that you change, any user name, password or other information you provide to us in registering, in each case for any valid reason. Your user name and password are for your use only and you should keep your user name and password confidential. We are not responsible for any use or misuse of your user name or password caused by your failure to keep your user name or password confidential. In each case, you shall promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your Services account of which you become aware.
10. Our Right to use Submissions. For the purposes of clarity, you retain ownership of your Submissions. For each Submission that you make available through or in connection with the Services (each, “Your Submission”), you grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify, store and otherwise use, analyze and exploit Your Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).
In addition, if you provide us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Services or otherwise, such Feedback shall be deemed Your Submission. You agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited, and without restriction, and does not place Company Contracting Party under any obligation in respect of such Feedback.
You confirm that (a) you have all rights necessary to grant the licenses granted in this section; (b) Your Submissions are complete and accurate; and (c) Your Submissions are your provisions thereof to us (whether through or in connection with the Services or otherwise) and are not fraudulent or otherwise in breach of any applicable law or any right of any third party. You further irrevocably waive (and consent to us performing any acts or omissions in relation to Your Submissions and associated materials that may be inconsistent with) any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding Your Submissions that you may have under any applicable law.
12. Eligibility. You must be above the age of 18 in order to use the Services. BY CLICKING OR TAPPING TO ACCEPT TO AGREE TO THIS AGREEMENT, OR BY USING THE SERVICES, YOU AFFIRM THAT YOU HAVE THE CAPACITY TO ENTER INTO THIS AGREEMENT AND ARE OF LEGAL AGE.
13. Proprietary Rights. We and our licensors and service providers own the Services, which is protected by proprietary rights and laws. Our trade names, trademarks and service marks include, without limitation, FUJITSU, FUJITSU GENERAL, and AIRSTAGE. All trade names, trademarks, service marks and logos on the Services not owned by us are the property of their respective owners.
14. Third Party Materials. Certain functionality of the Services may make available access to information, products, services, and other materials made available by third parties, including Submissions (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.
We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights in such Third Party Materials. Nothing in this Agreement shall be deemed to be a representation or warranty by Company Contracting Party with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Services at any time. In addition, the availability of any Third Party Materials through the Services does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.
YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).
15. DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SERVICES ARE MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
COMPANY CONTRACTING PARTY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE.
TO THE FULLEST EXTENT PERMISSIBLE UNDE APPLICABLE LAW, AND SUBJECT TO ANY APPLICABLE TERMS AND CONDITIONS OR POLICIES APPLICABLE TO THE USE OF THIRD PARTY MATERIALS AS SET OUT IN SECTION 14, THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. COMPANY CONTRACTING PARTY DISCLAIMS ALL WARRANIES WITH RESPECT TO THE THIRD PARTY MATERIALS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY CONTRACTING PARTY MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES WILL BE SECURE, THAT ANY USER NAME, PASSWORD OR OTHER SECURTIY MEASURE THAT YOU MAY USE OR ALLOW OTHERS TO USE IN CONNECTION WITH THE SERVICES WILL PREVENT UNAUTHORIZED ACCESS TO YOUR SEVICE ACCOUNT OR RELATED INFORMATION WILL NOT BE ACCESSED OR MISUSED BY ANY THIRD PARTY.
16. LIMITATION OF LIABILITY
NOTHING IN THIS AGREEMENT RESTRICTS, EXCLUDES OR MODIFIES OR PURPORTS TO RESTRICT, EXCLUDE OR MODIFY ANY MANDATORY STATUTORY CONSUMER RIGHTS UNDER APPLICABLE LAW.
IN RESPECT OF ANY CONDITIONS, WARRANTIES OR GUARANTEES THAT CANNOT BE EXCLUDED UNDER APPLICABLE STATUTES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR LIABILITY IS LIMITED (AT OUR OPTION) TO THE RESUPPLY OR REFUND OF THE COST OF THE RELEVANT PORTION OF THE SERVICES.
COMPANY CONTRACTING PARTY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, OR LOSSES THAT WERE NOT FORESEEABLE TO YOU OR COMPANY CONTRACTING PARTY AT THE TIME YOU AGREED TO THIS AGREEMENT, IN EACH CASE ARISING OUT OF OR IN CONNECTION WITH SERVICE OR THIS AGREEMENT, AND UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY (COLLECTIVELY, “INDIRECT LOSSES”). LOSS OR DAMAGE IS FORESEEABLE IF EITHER IT IS OBVIOUS THAT IT WILL HAPPEN OR IF, AT THE TIME THE CONTRACT WAS MADE, BOTH WE AND YOU KNEW IT MIGHT HAPPEN.
WITHOUT LIMITING THE FOREGOING, COMPANY CONTRACTING PARTY WILL NOT BE LIABLE FOR INDIRECT LOSSES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR FROM ANY THIRD PARTY MATERIALS OR PRODUCTS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED VIA THE SERVICES OR ANY PRODUCTS OR THIRD PARTY MATERIALS.
THE COMPANY PARTY DOES NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY COMPANY CONTRACTING PARTY’S NEGLIGENCE OR THE NEGLIGENCE OF ITS EMPLOYEES, AGENTS OR SUBCONTRACTORS, OR FOR FRAUD OR FRADULENT MISREPRESENTATION.
THE AGGREGATE LIABILITY OF COMPANY CONTRACTING PARTY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO COMPANY CONTRACTING PARTY TO USE THE SERVICES; AND (B) TEN UNITED STATES DOLLARS ($10).
ALL LIMITATIONS OF LIABILITY OF ANY KIND IN THIS AGREEMENT (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF THE COMPANY CONTRACTING PARTY.
IN RESPECT OF ANY CONDITIONS, WARRANTIES OR GUARANTEES THAT CANNOT BE EXCLUDED UNDER STATUTE, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, OUR LIABILITY IS IMITED (AT OUR OPTION) TO THE RESUPPLY OR REFUND OF THE COST OF RELEVANT SERVICES.
17. Third Party Claims. If we are sued by a third party as a result of your breach of this Agreement, or your infringement of any third-party right (including, any intellectual property or data privacy right), you will be responsible for all liabilities, damages, judgments, awards, losses, cots, expenses and fees (including reasonable attorneys’ fees) incurred by the Company Contracting Party.
18. Termination. This Agreement is effective until terminated. We may terminate or suspend your right to use the Services and/or terminate this Agreement if you do not comply with the terms contained in this Agreement. We will make reasonable efforts to provide you with at least twenty-four (24) hours’ prior notice of any suspension or termination of your right to use the Services, provided that if we reasonably believe that you have materially breached this Agreement, we can immediately suspend or terminate your right to use the Services. You can stop using the Services at any time.
Following the effective time of any such termination or suspension, your right to use the Services will immediately cease, and Company Contracting Party may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. The Preamble and Sections 3-23 shall survive any expiration or termination of this Agreement.
19. Company Contracting Party; Governing Law; Jurisdiction. The list below sets forth (a) the entity with which you have entered into this Agreement, (b) the applicable laws with respect to which this Agreement will be governed by and construed (without regard to such law’s principles of conflicts of law), and (c) courts which have exclusive jurisdiction over disputes between you and Company Contracting Party arising out of or related to the Services or this Agreement, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory and including non-contractual disputes or claims, which determination in each case is based on your country of residence or principal place of business, as applicable (such country, your “Residence”):
Company Contracting Party
|Any country in the European Union, Norway, Iceland, Israel, Liechtenstein, Albania, Andorra, Armenia, Belarus, Bosnia and Herzegovina, Faroe Islands, Georgia, Gibraltar, Greenland, Guernsey, Isle of Man, Kosovo, Kyrgyzstan, Moldova, Monaco, San Marino, Serbia, Svalbard and Jan Mayen, Switzerland, Tajikistan, Turkey, Ukraine, Vatican, Russia, Macedonia, and Montenegro||Fujitsu General (EURO) GmbH||Laws of Germany||Courts of Düsseldorf|
|United States of America, Anguilla, Aruba, Bermuda, Cayman Islands, Chile, Dominica, Turks and Caicos Islands, Mexico, Bahamas, Barbados, Canada, Costa Rica, El Salvador, Grenada, Guatemala, Honduras, Jamaica, Nicaragua, Panama, Puerto Rico, Saint Martin, Trinidad and Tobago, U.S. Virgin Islands||Fujitsu General America, Inc.||Laws of the State of New Jersey||Courts of New Jersey|
|Australia||Fujitsu General (Aust.) Pty Ltd||Laws of the state of New South Wales||Courts of New South Wales|
|Bahrain, Egypt, Iraq, Kuwait, Oman, Qatar, Saudi Arabia, United Arab Emirates, Yemen, Jordan, Kazakhstan, Lebanon, Algeria, Djibouti, Ethiopia, Kenya, Morocco, Nigeria, Reunion, Seychelles, South Africa, Tunisia||Fujitsu General Middle East FZE||Laws of Dubai||Courts of Dubai|
|People’s Republic of China||Fujitsu General Central Air-Conditioner (Wuxi) Co., Ltd.||Laws of the People’ Republic of China||Courts of Wuxi|
|Pakistan, New Caledonia, Bangladesh, Brunei, Cambodia, East Timor, Indonesia, Malaysia, Myanmar, Singapore, Vietnam||Fujitsu General (Asia) Pte. Ltd.||Laws of the Republic of Singapore||Courts of Singapore|
|India||Fujitsu General (India) Private Limited||Laws of India||Courts of Chennai|
|United Kingdom, Bailiwick of Jersey||Fujitsu General Air Conditioning (UK) Limited||English Laws||English Courts|
|New Zealand, Cook Islands, Fiji, Micronesia, Niue, Northern Mariana Islands, Papua New Guinea, Pitcairn, Samoa, Solomon Islands, Tokelau, Tonga, Vanuatu||Fujitsu General New Zealand Limited||Laws of New Zealand||Courts of New Zealand|
|Kingdom of Thailand||Fujitsu General Thailand Co., LTD. Bangkok Office||Laws of the Kingdom of Thailand||Courts of Bangkok|
|Taiwan||Fujitsu General (Taiwan) Co., LTD.||Laws of the Republic of China||Courts of Taichung|
|Hong Kong||Alpha Appliances Limited||Laws of Hong Kong Special Administrative Region||Courts of Hong Kong Special Administrative Region|
20. Information or Complaints. If you have a question or complaint regarding the Services, please contact us at the contact information of the Company Contracting Party with which you have entered into this Agreement (“Contact Information”), either by sending us an e-mail, by writing to us, or by calling us. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.
Company Contracting Party
|Fujitsu General (EURO) GmbH||
ADDRESS: Fritz-Vomfelde-Strasse 26-32, 40547 Dusseldorf, Germany
|Fujitsu General America, Inc.||
ADDRESS: 340 Changebridge Road, Building 200, Suite 300, Pine Brook, NJ 07058, U.S.A
|Fujitsu General (Aust.) Pty Ltd||
ADDRESS: 1 Telopea Place, Eastern Creek, NSW 2766, Australia
|Fujitsu General Middle East FZE||
ADDRESS: P.O.BOX 17547, S/R S3B4SR06, Jebel Ali FZE South, Dubai, U.A.E.
|Fujitsu General Central Air-Conditioner (Wuxi) Co., Ltd.||
ADDRESS: No.10 Lijiang Road, Xinwu District, Wuxi, Jiangsu, 214028, China
TEL: +86 800 828 7708
|Fujitsu General (Asia) Pte. Ltd.||
ADDRESS: 25 Pandan Crescent #02-10 TIC Tech Centre, Singapore 128477
FAX: +65-6324 2974
|Fujitsu General (India) Private Limited||
ADDRESS: 1ST FLOOR, 10 (26) 80TH STREET, 18 AVENUE, ASHOK NAGAR, CHENNAI – 600083 TAMIL NADU, INDIA
|Fujitsu General Air Conditioning (UK) Limited||
ADDRESS: Unit 150, Centennial Park, Centennial Avenue Elstree, Hertfordshire WD6 3SG U.K.
|Fujitsu General New Zealand Limited||
ADDRESS: 109 Port Road, Seaview, Lower Hutt, New Zealand
|Fujitsu General Thailand Co., LTD. Bangkok Office||
ADDRESS: 23/110-117,Sorachai Bldg,.27TH fl,.Soi Sukhumvit63(Ekamai), Sukhumvit Rd,.Klongtan Nua,Wattana,Bngkok 10110
|Fujitsu General (Taiwan) Co., LTD.||
ADDRESS: 4F.-1, No.416, Sec. 2, Chongde Rd., Beitun Dist., Taichung City 40653, Taiwan (R.O.C.)
21. Copyright Infringement Claims. If you believe in good faith that materials available from the Services infringe your copyright, you may send to us a written notice by mail or email to our Contact Information set forth above. If you believe in good faith that someone has wrongly submitted to us a notice of copyright infringement involving content that you made available through the Services, you may send to Company Contracting Party a counter-notice.
22. Export Controls. The Services are subject to United States export controls restrictions, including any United States embargoes or other federal rules and regulations restricting exports. We will not knowingly make the Services available to you if you are, and you confirm that you are not, (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or trade sanction (see http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx for more information on U.S. sanctions); or (b) on any of the U.S. government list of restricted end users (for example, including the “Specially Designated Nationals” list available at http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx).
23. Other Important Terms. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company Contracting Party. Except as set forth in Section 15 (Disclaimer of Warranties) and 16 (LIMITATION OF LIABILITY), no other person shall have any rights to enforce any of the terms of this Agreement. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party hereto of any breach or default under this Agreement will be deemed to be a waiver of any proceeding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations of such terms in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated in this Agreement, is the entire agreement between you and Company Contracting Company relating to the subject matter of this Agreement, and in the absence of fraud, and supersedes any and all prior contemporaneous written or oral agreements or understandings between you and Company Contracting Party relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made through the Services or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents ad records originally generated and maintained in printed form. Neither party hereto will be responsible for any failure to fulfill any obligation due to any cause beyond its control.