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In order to enjoy the Connected Appliance Services your Connected Appliance must be connected to a wireless Internet connection. You are responsible for the installation and maintenance of the wireless Internet connection at the place where your Connected Appliances are located. You also need to install the Application on a compatible mobile device(s) and register an account with Whirlpool.
II. CONNECTED APPLIANCE SERVICE OFFERINGS
The Connected Appliance Services allow you to receive notifications regarding your Connected Appliance (such as door open notifications, cycle completion notifications, etc.), schedule your Connected Appliance to run at cost efficient times, and remotely monitor your Connected Appliance through the Application, among other capabilities and benefits. The specific Connected Appliance Services are described in greater detail in the user manual for your Connected Appliance. Whirlpool may need to review and change over time the specific features of the Connected Appliance Services and will notify you through the App of any material changes.
III. YOUR USE OF CONNECTED APPLIANCE SERVICES
We may suspend or terminate your account if we discover or have reason to suspect that the information or details you have given to us is/are false, misleading, inaccurate or incomplete - further details at Section IX below.
Connected Appliances use your wireless Internet connection to provide you with the Connected Appliance Services. In addition, if you choose to receive notifications via the Application, such notifications and applications use your mobile data connection to provide you with the services. All these uses imply the transfer of a certain amount of data through your relevant connections so you must have an appropriate data plan from your wireless Internet connection at the location of your Connected Appliance and from your mobile service carrier. Please consult your Internet service provider’s or mobile service carrier’s pricing plan to determine applicable data charges (if any), data limitations, restrictions such as permissible uses, and other terms and conditions of service. Whirlpool will not accept any liability for any charges that your Internet service provider or mobile service carrier may impose.
Transfer of Your Connected Appliance
You are prohibited from using the Connected Appliance Services in any way that:
The Connected Appliance Services, including the Applications, use software that Whirlpool may need or want to update or change. We will run such updates using standard procedures on your mobile device operating system and you will always be requested to accept any such updates in order to be able to continue using the Connected Appliance Services.
IV. SERVICE LIMITATIONS AND DISCLAIMERS
Because your Connected Appliance communicates with Whirlpool by transmitting information wirelessly and over the Internet: (a) the Connected Appliance notifications will only be available to you after you have connected and registered your Connected Appliance; and (b) the Connected Appliance Services are not available when the Internet or your wireless connection or your mobile connection is not working or is not working properly.
Accuracy of Results and Data
You agree that the Connected Appliance Services are subject to limitations and restrictions outside of Whirlpool’s control, which include such things as your appropriate maintenance of your Connected Appliance in compliance with the relevant user manual, wireless network capabilities, Internet availability, environmental conditions (such as buildings, weather, geography, and topography), atmospheric conditions, and other factors associated with the use of the Internet or with satellites and satellite data; moreover, the Connected Appliance Services by their nature depend on software and network availability provided by third parties. In consideration of the above, Whirlpool does not guarantee uninterrupted availability, accuracy, completeness or timeliness of any data, information, materials or content provided as part of the Connected Appliance Services.
Whirlpool stores certain data on or about your usage of the Connected Appliance Services for as long as is necessary to comply with the law or for our identified legitimate business needs and intended purposes in connection with the Connected Appliance Services as set out in the Privacy Statement.
Whirlpool takes all reasonable steps with a view to maintaining the security of the data you provide us and will take reasonable precautions to protect your personal information. However, there is always some risk in transmitting information over wireless networks or the Internet. As a result, you accept that when you use the Connected Appliance Services, your communications may be subject to unlawful interception by others. Whirlpool cannot guarantee the security and privacy of wireless transmissions or transmissions via the Internet, and will not be liable for any lack of security on networks or devices not controlled by Whirlpool or any resulting loss of privacy or data in connection with any communications over such networks. Please take precautions to protect your personal information when you are on the Internet, for instance by changing your passwords often, by using a combination of letters and numbers, and by making sure you use a secure browser.
The Connected Appliance Services are provided on an “as is” and “as available” basis. Whilst Whirlpool uses every reasonable effort to maintain the availability of the Connected Appliance Services, we cannot guarantee its availability or the continuation of the same or that access to this will be uninterrupted or error free. Moreover, the Connected Appliance error code notifications are not intended to replace regular, recommended maintenance of your Connected Appliance as indicated in your Connected Appliance user manual, and are not a substitute for safe, responsible use of your Connected Appliance. You should not rely on the Connected Appliance Services (including any error notifications) as a means to prevent fire or other accidents or damage. It is your responsibility to operate your Connected Appliance safely and maintain your Connected Appliance in good working order and in compliance with its user manual. Failure to do so may result in damage to your Connected Appliance, property damage, bodily harm, and/or serious injury of which Whirlpool shall not be held responsible.
V. COMPLIANCE WITH TERMS
The Privacy Statement is available via the Application and you will be requested to accept it as part of your registration for Connected Appliances Services. Acceptance of the Privacy Statement is not obligatory (i.e. if you do not wish to accept it you are free to choose not to register for the Connected Appliance Services), however it is necessary in order to be able to proceed to the creation of your registered account. The Privacy Statement governs how the information that you provide and data from your Connected Appliance and from your use of the Connected Appliance Services may be collected, used, disclosed and shared in accordance with applicable European and local laws.
VII. OWNERSHIP OF INTELLECTUAL PROPERTY
VIII. LIMITATION OF LIABILITY, INDEMNITY
Limitation of Liability
You agree that:
Exclusion of consequential losses
Save for mandatory limits of APPLICABLE LAW, NEITHER WHIRLPOOL, THE WHIRLPOOL GROUP. ITS AGENTS, EMPLOYEES NOR CONTRACTORS WILL BE LIABLE TO YOU OR ANY OTHER PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR NON AVAILABILITY OF SERVICES) IN CONNECTION WITH THE CONNECTED APPLIANCE SERVICES, EVEN IF WHIRLPOOL, THE WHIRLPOOL GROUP, ITS AGENTS, EMPLOYEES OR ITS CONTRACTORS ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
IX. SUSPENSION AND TERMINATION
Termination by Whirlpool for misuse
Deactivation of Account by You
You may deactivate (de-register) your account at any time by writing to the privacy officer at the address indicated in section 10 of the Privacy Statement. If you deactivate your account, data related to your Connected Appliance and your use of the Connected Appliance Services that was collected by Whirlpool will be retained by Whirlpool but will no longer be associated with your personal information. Deactivating your Connected Appliance Services account will stop you from receiving further Connected Appliance notifications that are provided as part of the Connected Appliance Services. If you choose to keep your Connected Appliance connected via wi-fi after you deactivate your account, your Connected Appliance will continue to transmit certain appliance usage data to Whirlpool. If you wish to avoid any such transmission you must deprovision (disconnect) your Connected Appliance from your wireless router and turn off the wireless connection button on your appliance.
Jurisdiction and applicable law
Appliance and the Connected Appliance Services represents the entire agreement between you and Whirlpool in
relation to their subject matter and supersede any prior agreement, understanding or arrangement between you and
Whirlpool, whether oral or in writing.
XI. CONTACT US
Any questions or complaints regarding your Connected Appliance or the Connected Appliance Services should be directed to your local Whirlpool customer service call centre as indicated in your Application or the documentation that comes with your Connected Appliance.
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