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VeriSmart Heating WiFi App Terms of Use

VERISMART HEATING WIFI APP TERMS OF USE

VeriSmart Heating Ltd (the “Company”) manufactures, markets and sells consumer electronics products (the “Product”) directly to the consumer market.

The Company also provides additional features such as (a) web applications accessed from the subdomain app.verismartheating.com (the “Site”); and (b) software applications that may be downloaded to the mobile device (“Mobile Software”).

As used herein, the term “Software” means the Computer Software and Mobile Software; the term “Services” means the Site, Site Services, Computer Software and Mobile Software. The terms “you” or “user” refer to all individuals and entities that access and/or use the Services. These Terms of Use govern your access to and use of the Services.

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  1. Scope and Acceptance of the Terms of Use
  2. Use of the Services
  3. Disclaimer of Content and Warranties
  4. Limitation of Liability
  5. Indemnification of the Company
  6. Termination of the Services
  7. Miscellaneous

1. SCOPE AND ACCEPTANCE OF THE TERMS OF USE

1.1. These Terms of Use and the applicable Privacy Policy which is hereby fully incorporated and constitutes, with the Terms of Use, one and single document, govern your access and use of the Services.

1.2. By your affirmative actions of registering on the Site, of accessing and/or using all or part of the Services, you acknowledge that you have read, understood, and agree to be bound by the provisions of these Terms of Use and Privacy Policy. If you do not agree with all or part of these App Terms of Use or Privacy Policy, do not register access, browse or use all or part of the Services.

1.3. We may change these App Terms of Use at any time without prior notice. You may read the up to date and effective version of these Terms of Use at any time on the Site. The revised App Terms of Use will become effective upon posting on the Site. Any use of the Services after such posting shall constitute your acceptance of any such changes. If you do not agree with all or part of the revised App Terms of Use, do not continue to use the Services and cancel any registration you may have.

2. USE OF THE SERVICES

2.1. The Services are for use by users who are at least 18 years old. Users under the age of 18 are not permitted to use the Services without the consent of a parent or legal guardian. By registering, accessing or using the Services, you represent that the information provided about yourself, including your age or the consent of a parent or legal guardian, is accurate and complete.

2.2. The Services contain all types of information and material, including but not limited to software, text, graphics, communications, measures, tests, results, opinions, photographs, drawings, profiles, messages, notes, websites links, music, video files or other animated or non-animated images, designs, music, audio files or other sounds, reports, charts and data files, and any other content, either owned by or licensed to the Company by any third party, including other users of the Services, to the exclusion of your User Generated Content as defined hereinafter (collectively referred to as the ‘Content’).

2.3. The Company gives you a personal, worldwide, royalty-free, non-assignable, non-transferable and non-exclusive license to use the Content provided to you as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Product(s) you registered on the Site and, as long as you have the right to be registered, to access or to use the Services, in the manner permitted by these Terms of Use. You shall not, and you shall not permit anyone else to, copy, reproduce, modify, translate, broadcast, perform, display, distribute, transmit, frame, republish, download, display, perform, post, transmit, sell, make a commercial use, create a derivative work, reverse engineer, decompile or otherwise attempt to extract any code from the Services and Content unless the company has expressly agreed to it in writing. You agree not to use any data mining, robots, scraping or similar data gathering methods.

2.4. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.

2.5. The trademarks, service marks, logos, domain names and other distinctive brand features of VeriSmart Heating Ltd used and displayed on those Services are registered and unregistered trademarks or service marks of the Company. Other products and services names available through the Services may be trademarks or service marks owned by third-parties (the “Third-Party Trademarks”, and, collectively with the company Trademarks, the “Trademarks”). Apart from the licenses and rights hereby expressly granted as part of these Terms of Use, nothing in the Services, Content or in these App Terms of Use should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any of the Trademarks displayed on the Services, without the prior written consent of the company. The Trademarks may not be used to disparage or harm in any manner the Company or the applicable third-party, The Company’s or third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any web site is prohibited without the Company’s prior written consent. All goodwill generated from the use of any the company Trademark shall inure to the Company’s benefit.

2.6. You agree not to:

2.6.1. take any action that imposes an unreasonable load on the Services’ infrastructure;

2.6.2. use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or any activity being conducted on the Services;

2.6.3. attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Services;

2.6.4. delete or alter any material posted on the Site by the company or any other person or entity; and/or

2.6.5. frame or link to any of the materials or information available on the Services.

2.7. Certain elements of the Services are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors, except as otherwise expressly permitted by Section 2.4 of these Terms of Use. None of the Content for the Services may be retransmitted without the express written consent from the company in each and every instance.

2.8. If you believe in good faith that materials on the Services provided by the Company infringe your copyright or author’s rights, you (or your agent), may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter notices with respect to the Services should be sent to the company at:

• By Mail: Unit 12085, PO Box 4336, Manchester, M61 0BW

• By Email: info@verismartheating.com

3. DISCLAIMER OF CONTENT AND WARRANTIES

3.1. The warranty for the product is set forth in the limited warranty available on the website.

3.2. The Company, its affiliates, their respective Officers, Directors, Employees, Agents, Suppliers or Licensors (collectively, the “Company Parties”) make no warranties or representations of any kind, express or implied, about the content and services, including but not limited to their operation, accuracy, reliability, completeness, timeliness or reliability. The Company Parties do not warrant that the services will operate error-free, will be uninterrupted or available at any time or from any location, or that the services, its server, or the content, are free of computer viruses or similar contamination or destructive features. If your use of the services or the content causes the need for servicing or replacing equipment or data, no the company party shall be responsible for those costs. The services and content are provided on an ‘as is’ and ‘as available’ basis without any warranties of any kind, express of implied. The Company Parties disclaim all warranties, including, but not limited to, the warranties of title, merchantability, non-infringement of third parties’ rights, and fitness for particular purpose.

3.3. The Content on the Services is presented in a summary fashion and is intended to be used for informational purposes only. The data, measurements, as well as any other kind of content provided through the Services, are supplied without any warranty of accuracy and should not be used as a source to make any decision.

4. LIMITATION OF LIABILITY

4.1. In no event shall any the Company Party be liable for any indirect, incidental, punitive or consequential damages whatsoever (including, without limitation, lost profits, lost data or business interruption) arising out of the use or inability to use, or resulting from use of the services and their content, whether such damages are based on warranty, contract, tort (including negligence), or any other legal theory, even if any the company party has been advised of the possibility of such damages. The Company Parties shall not be subject to liability for the truth, accuracy or completeness of the content and services, or any other information conveyed to the user, or for errors, mistakes or omissions therein, or for any delays or interruptions of the data, or information stream from whatever cause. You agree that you use the services and their content at your own risks. The aggregate liability of the the Company Party, taken individually or collectively, arising out or relating to the site and services (regardless of the form of action or claim, e.g. contract, warranty, tort, strict liability, negligence, or any other legal theory) is limited to £100.00 ) one hundred Pounds.

4.2. Some countries applicable law does not allow certain of the above limitations or exclusions, in which case they may not apply to you. In such countries, the liability of the company parties shall be limited to the greatest extent permitted by law.

5. INDEMNIFICATION OF THE COMPANY

5.1. Upon simple request by us, you agree to defend, indemnify, and hold harmless the Company from and against any losses, liabilities, damages and costs, including without limitation, reasonable legal and accounting fees, arising or resulting from any claims, actions or demands related to

i) your use or misuse of the Services;

ii) your breach of these Terms of Use; or

iii) any breach of any intellectual property or other third party rights, or any applicable law in connection with the use of the Services.

5.2. The Company shall provide notice to you of any such claim, suit, or proceeding. The Company reserves the right to assume the exclusive defence and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting the Company’s defence of such matter.

6. TERMINATION OF THE SERVICES

6.1. These Terms of Use will continue to apply until terminated by either you or the Company as set out below.

6.2. If you want to terminate your legal agreement with the Company, you may do so by

6.2.1. notifying the Company at any time; and

6.2.2. closing your accounts for the Services which you use.

6.3. The Company may, at any time, terminate its legal agreement with you if:

6.3.1. you have breached any provision of these Terms of Use (or have acted in manner which clearly shows that you do not intend to, or are unable to, comply with the provisions of the Terms of Use);

6.3.2. the Company is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful);

6.3.3. the relationship between the Company and Partner with whom the Company offered the Services to you has been terminated or the partner has decided not to offer the Services anymore; or

6.3.4. the Company is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the Services, for example in case the Services, in the Company’s sole opinion, is no longer commercially viable.

6.4. Without prejudice to the above, the Company reserves the right, in its sole discretion, to restrict, suspend, or terminate parts of the Services or their Content at any time and for any reason without prior notice or liability. The Company reserves the right to change, suspend, or discontinue all or any part of the Services or their Content at any time without prior notice or liability.

6.5. Sections 2 (Use of Services), 3 (Disclaimer of Content and Warranties), 4 (Limitation of Liability), 5 (Indemnification of the company), 6 (Termination of Terms of Use) and 7 (Miscellaneous) shall survive the termination of this Terms of Use.

7. MISCELLANEOUS

7.1. These Terms of Use are governed by British law. Any dispute resulting from these Terms of Use will fall within the exclusive jurisdiction of the competent British courts.

7.2. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

7.3. Failure of the Company to act on or enforce any provision of these Terms of Use shall not be construed as a waiver of that provision or any other provision in these Terms of Use. No waiver shall be effective against the Company unless made by an authorized officer of the Company in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.

7.4. Except as expressly agreed by the Company and you, these Terms of Use constitutes the entire Terms of Use between you and the Company with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the you and the Company with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms of Use will inure to the benefit of our successors, assigns, licensees, and sublicenses.

7.5. Any information submitted or provided by you to the Services might be publicly accessible. Important and private information should be protected by you. The Company is not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use.

7.6. The collection and processing of the Personal Data is in accordance with the EU General Data Protection Regulation (GDPR). For more information on privacy please read the Privacy Policy.