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Please read this End User Agreement that applies to you carefully. By downloading the SmartHQ App, agreeing or accepting the End User Agreement on the acknowledgement page, you agree to be bound by the terms and conditions of the end user agreement that applies to you. If you do not agree to these terms, do one of the following: do not download the App, delete the App or do not continue with the sign up terms.
These End User Terms apply to Fisher & Paykel connected customers in the UK, Ireland and EU.
For Fisher & Paykel customers not located in the UK Ireland or EU and Haier customers in New Zealand and Australia and DCS customers please review this Fisher & Paykel Appliances End User Agreement.
Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in /uk/privacy-statement-smarthq.
Important: This end user agreement is between you and Fisher & Paykel Appliances Limited (“FPA”) with company number 43285 with registered office in New Zealand and which can be contacted at 78 Springs Road, East Tamaki, Auckland 1072, customer.care@fisherpaykel.com with contact details . Please read and agree to this End User Agreement before use of the SmartHQ feature and mobile phone application (“SmartHQ Application” or “App”) and the Fisher & Paykel connected appliance. The App and FPA Connected Appliances are intended to work together. By accepting this end user agreement you (“you”) are becoming a party to this license and agree to be bound by it. If you do not agree to all of the terms of this end user agreement, you are not licensed to use the SmartHQ Application or the software contained therein or the FPA Connected Appliance or connected appliance software (“Software”).
The SmartHQ Application and FPA Connected Appliances are not intended for minors, i. e. persons under 18 years. If you are under 18,you can only register as a user on our websites or the App, provide us with your personal data, or agree to our terms with your parents’ or (other) legal representative’s consent.
If any provision of this End User Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the other provisions of this End User Agreement shall remain in force.
The App Store from where you downloaded the App may also be controlled by the respective App Store’s rules and policies and where there are any differences between these terms and the App Store’s terms, rules or polices, the App Store’s terms, rules or policies shall apply. For Google Play Store the terms and conditions are located at https://play.google.com/about/play-terms/index.html and for the Apple store at https://store.apple.com/Catalog/uk_inst/Images/salespolicies_individual.html.
FPA will provide you with updates to the SmartHQ Application for a reasonable period of time, to ensure the conformity of the App with this End User Agreement. You will be informed of any update to the SmartHQ Application by your mobile operating system provider whenever a SmartHQ Application update is available pursuant to the modalities set forth within the applicable terms and conditions of your mobile system app store. Likewise, you recognize and understand that any SmartHQ Application update shall be installed according to said terms and conditions and FPA neither determines nor has influence over them. You acknowledge that the SmartHQ Application updates may require the App to be reinstalled or be temporarily discontinued. In any case, to ensure the correct and stable functionality of the App, you need to install the latest version of the App. Without prejudice to the above provisions in relation to the App Updates, FPA is not obliged to maintain support for older versions of the App and does not warrant the compatibility of older versions/updates with newer hardware operating systems, versions of the App. However, you are not entitled to make a claim for any update of the App which extends its functions.
In addition to FPA’s right to extend, update or modify the SmartHQ Application, FPA may provide updates for the software embedded in the FPA Connected Appliance through updates to improve performance, enhance functionality, reflect changes to the operating systems or address security issues. Alternatively, we may ask you to update the App for these reasons. You acknowledge that software updates of your FPA Connected Appliance may require your FPA Connected Appliance to be reset, restarted, or be temporarily discontinued. However, you are not entitled to make a claim for any update of the embedded software which extend the functions of your FPA Connected Appliance, the communication module used in your FPA Connected Appliance or the SmartHQ Platform.
For user safety reasons and prevent potential damages and malfunctioning, FPA will provide you with updates to the FPA Connected Appliances for a reasonable period of time. Any updates to the FPA Connected Appliances will be installed on your connected appliance when they are required to ensure the correct and safe functioning of your smart domestic appliance and its secure connection to the App. FPA will duly inform you on their availability and specify within which timeframe FPA Connected Appliances software updates will be installed automatically. To avoid installation of FPA Connected Appliances updates, you can at any time disconnect the connected appliance within the App, without impacting on the device’s core functionalities that are not operated through the App. However, where you decide not to install the FPA Connected Appliances updates by disconnecting the connected appliance from the App, the smart functionalities of the appliance will be no longer available.
This End User Agreement and all the provisions contained therein shall apply to all updates to the App and FPA Connected Appliances.
You acknowledge that FPA reserves the right:
Unless explicitly stated otherwise in this End User Agreement and save for what is expressly provided by the applicable laws, including consumer protection laws, and in particular save for the cases of gross negligence and willful misconduct, FPA makes no representations, warranties or endorsements of any kind whatsoever, express or implied, as to the App, including, but not limited to, the implied warranties and/or conditions of satisfactory quality, of merchantability, of suitability for a particular purpose, of accuracy, and non-infringement of third party rights and any warranty that the App shall be error free or that defects in App will be corrected. In any case FPA cannot warrant that the App is accessible without interruptions or temporary impairment in their functionality.
FPA disclaims all liability and warranty for versions of the App which are not intended for use by end users (test, pilot, alpha, beta versions or similar). You agree that you are aware of and accept the risks involved in using such programs, in particular, that malfunctions or data loss may occur. The use of such programs is at your sole risk and any claims relating to warranty and liability shall be excluded.
FPA's liability to you is limited to the scope of this End User Agreement and the terms and conditions of compatible products specified in this End User Agreement. Unless in case of wilful misconduct or gross negligence or other cases expressly provided for by mandatory law, including consumer protection law, FPA (or any of the other companies belonging to the Haier Group) shall be liable only for direct and foreseeable damages, thus excluding, as a mere example, any indirect, contingent, consequential or incidental damages, however caused or arising (whether actual or anticipated), for any loss of revenue, corruption or loss of data, loss of profit, loss of production, of savings, of investment, of contract, of opportunity, failure to receive or transmit any data or information, arising out of or related to your use or inability to use the App or any Third Party Software, whether arising out of breach of this End User Agreement, other contract, warranty, tort (including ordinary negligence), indemnity or strict liability and whether or not the parties have been advised in advance of the possibility, existence or nature of such damages.
You are not entitled to claim for damages caused by software defects, insofar as you fail to apply online App Updates and/or Embedded Software Updates provided by FPA and the damage could have been avoided if the App Update and/or Embedded Software Updates had been applied. This also applies to security vulnerabilities, which arise provided that the App Update and/or Embedded Software Updates was not installed by you or the App Update and/or Embedded Software Updates was aborted during installation.
You are aware that no claims for damages can be made against FPA resulting from your negligent, unauthorized or illegal security mechanisms, especially within your own LAN (Local Area Network) or mobile device, or as a consequence of you using the App contrary to the terms of this End User Agreement, or as a consequence of you using the compatible connected appliance contrary to the terms of the relevant end-user manual. You must also make sure that the App cannot be misused by third parties and must secure access to the App as well as to compatible products accordingly.
If you lose your device on which the App is accessible (e.g. through loss, theft, etc.) then you are responsible for immediately revoking any access permissions with appropriate mechanisms in order to ensure that unauthorized access to the App is prevented.
If you know or have reason to believe of any potential damage to FPA in connections with your use of the App you are obligated to inform FPA of any such damage or loss scenarios.
For the sake of clarity, if you are a consumer, the limitations to FPA liability and the limitations to your rights set forth above are not intended to exclude, limit or suspend any legal rights and warranties granted by the applicable mandatory consumer protection laws.
Claims against FPA for damages due to default resulting from simple negligence are excluded; your statutory rights after the expiry of a reasonable grace period remain unaffected.
You are required to take appropriate measures to prevent and mitigate damage, in particular to ensure, where technically possible, appropriate security of your data on your devices. Liability for data corruption or data loss is limited to the typical recovery effort that would have been necessary if backup copies had been made regularly and in accordance with the level of risk, and if adequate virus protection had been used.
You agree that you shall be responsible for and shall defend, indemnify, and hold harmless FPA and all Haier Group’s companies, as well as their employees, affiliates, suppliers, agents and contractors for any liability, damages, losses or expenses (including without limitation, reasonable attorney’s fees and costs) incurred in connection with any claims, suits, judgments and causes of action arising out of:
If you are a resident of the European Union or the United Kingdom, You may withdraw, within the term of 14 days from the conclusion of the contract, without indicating a reason for termination and without any penalty, by means of written communication sent to the addresses in paragraph 27. In such case, You acknowledge that: a) early withdrawal from the contract can be exercised, without having to provide any reason; b) the withdrawal deadline will run from the day of completion of the contract; c) the right of withdrawal cannot be exercised in respect of services that have already been performed; d) the consumer can communicate the withdrawal without the need to use any form or formalities.
If you have any questions or complaints in relation to the App or this Agreement, you can contact FPA at: