Internet of Things Terms & Conditions of use for Dimplex Apps
These terms and conditions of this agreement (the “Agreement”) is a legal agreement between you and The Glen Dimplex Group and/or its appropriate subsidiary ( Glen Dimplex Heating and Ventilation , Glen Dimplex Americas, Glen Dimplex Germany and Glen Dimplex Nordic) This Agreement and any other terms or conditions notified to you governs your access to and use of Dimplex control, FlameConnect, ConfigR ,Capa and Atmo apps .
Your use of these apps is subject to the terms of this Agreement as set out below which includes our IoT Privacy Statement, IoT Cookie Statement and any other terms or conditions of Glen Dimplex IOT platforms which may be notified to you from time to time.
By selecting the “I Agree” option, you agree to the terms of this Agreement. Your right to use the Dimplex IoT is expressly conditioned on acceptance of this Agreement.
1. Information about us
Glen Dimplex UK Limited (registered in England and Wales No.01313016) trading as Glen Dimplex Heating and Ventilation (“GDHV”). Glen Dimplex UK Limited are at Millbrook House, Grange Drive, Hedge End, Southampton, Hampshire, SO30 2DF.
Glen Dimplex Americas registered at 1367 Industrial Rd, Cambridge, ON N3H 4W3, Canada is part of The Glen Dimplex Group of companies
Glen Dimplex Nordic AS, Wessels veg 63, 7502 Stjørdal (registered in Norway No. 964 169 969) is a part of The Glen Dimplex Heating and Ventilation (GDHV) Group of companies.
Glen Dimplex Deutschland GmbH registered at Am Goldenen Feld 18 95326 Kulmbach is a part of The Glen Dimplex Group of companies
Glen Dimplex Australia Pty. Ltd. of 8 Lakeview Drive, Scoresby, Victoria 3179, Australia (ABN 69 118 275 460) is a part of the Glen Dimplex Australia Holdings Pty. Ltd. group of companies.
Glen Dimplex New Zealand Limited of 38 Harris Road, East Tamaki, Auckland 2013, New Zealand (NZBN 9429000069823) is a part of Kilkee Investments Unlimited group of companies.
In this Agreement the following expressions shall have the following meanings:
“Dimplex” is one of the brands of Glen Dimplex Heating and Ventilation.
“The App” means any of the mobile apps in the Glen Dimplex IOT platform
“The App” means the relevant mobile app (“Dimplex control App”, “FlameConnect App”, “ConfigR App” “Capa” and “Atmo App”) on user smart device, web portal and any other means provided by Dimplex from time to time.
“Dimplex Connected Products” means the Dimplex appliances installed in your property which includes, but is not limited to, the Dimplex heat and flame product range.
“IOT platform” means the connected services which include the Dimplex FlameConnect , ConfigR, Dimple Control ,Capa and Atmo Apps , the connected feature of the Dimplex Connected Products and any other applications and/or platforms provided to you from time to time.
“Account” means the personal account set up for you on the Dimplex App.
“Documentation” means the tutorials, user manuals and other documents accompanying or made available with your App.
“Effective Date” means the date upon which you agree to abide by the terms and conditions of this Agreement.
“Intellectual Property Rights” means any ideas (whether or not patentable), inventions, discoveries, processes, works of authorship, marks, names, knowhow, and any and all rights in such materials throughout the world, whether existing under statute, common law or equity, now or hereinafter recognized, including but not limited to (i) patents, designs, inventor’s certificates, utility models, copyrights, moral rights, trade secrets, mask works, trade names and marks, service marks, trade dress, domain names, Confidential Information and know-how; (ii) any application or right to apply for any of the rights referred to in clause (i); and (iii) all renewals, extensions, and restorations, now or hereafter in force and effect for any of the rights referred to in clause (i).
“Term” means the duration of the Agreement or for the duration of the App Trial.
3. Grant and scope of licence
- In consideration of you agreeing to abide by the terms of this Agreement, Dimplex hereby grants to you, for the Term, a limited, personal, non-exclusive, non-transferable, non-sub-licensable licence to create an Account and to access and use your app, which is provided to you, solely for your use as permitted in these terms.
- Subject to the limited rights expressly granted above, Dimplex and its licensors or suppliers reserve all right, title and interest in and to The App, its underlying technology and all intellectual property and proprietary rights therein. You acknowledge that no licenses or rights are granted to you by implication or otherwise in respect of The App, other than those expressly set forth in this Agreement. You agree not to remove, change or obscure any intellectual property or other proprietary notices incorporated in or accompanying Apps. You agree to abide by all applicable national and international laws in connection with the use of your App, including those related to data protection, privacy, international communications and the transmission of technical or personal data.
- Dimplex may make services available to you that are provided, in whole or in part, by other parties. Although Dimplex may offer this opportunity, you acknowledge that any third party services that you use in connection with your App are not part of the App. You further acknowledge that these terms do not apply to any third-party service providers and that your use of those services may require you to agree to additional terms with the third party service provider.
- You shall as soon as reasonably practicable notify Dimplex if you become aware of any use of your App other than in accordance with this Agreement, the Documentation, the Terms and Conditions of Use and all applicable laws, rules and regulations. Without limiting the generality of the foregoing, you shall not, and shall as soon as reasonably practicable notify Dimplex if it becomes aware of any third party that does or attempts to: (i) de-compile or reverse engineer the App; (ii) sell, re-licence, distribute or commercially exploit App and/or Documentation; (iii) except as expressly permitted by this Agreement, make App or Documentation available through any means or media without the prior written approval of Dimplex; (iv) except as expressly permitted by this Agreement, copy, modify, publish, transmit, participate in the licence or relicence, transfer or sale of, reproduce, create derivative works from, distribute, perform, display or in any way exploit The App and/or Documentation, in whole or in part, without the prior written consent of Dimplex; and (v) engage in any activity that interferes with or disrupts The App (or the servers and networks connected to The App) and/or Dimplex Partner Portal (or the servers and networks connected to The App).
- We are giving you personally the right to use The App. You may not transfer The App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from the device.
- By using The App, you agree to us collecting and using anonymised technical information about the devices you use The App on and related software, hardware and peripherals to improve our products and to provide any services to you
- We recommend that you back up any content and data used in connection with D The App, to protect yourself in case of problems with it.
4. Location data
- The App will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for The App on the device. If you use The App, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.
- You may stop us collecting such data at any time by turning off the location services settings on your device.
- If you use The App for commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
5. User Account
Full use of The App requires that you create an Account on our website by providing us with certain information. Your Account will be created once you complete a registration form in accordance with the instructions provided.
In relation to your Account, you represent and undertake that:
- all required information you submit is truthful and accurate and you will maintain the accuracy of such information.
- you will not allow any Account profile to be used by any other unregistered user unless it has been reassigned in its entirety to another individual and that individual expressly agrees to be bound by this Agreement, in which case the prior individual shall no longer have any right to access or use the Account.
- you shall keep a secure password for use of the Account, that such password shall be changed as frequently as is required by Dimplex in its absolute discretion, and that you shall keep the password confidential.
- you shall permit Dimplex or any of its licensors and/or agents to audit the Account in order to establish compliance with this Agreement and 5.2.5 if any of the audits referred to above reveal that any password has been provided to any individual who is not registered to an Account, then without prejudice to Dimplex 's other rights, you shall promptly disable such passwords and Dimplex shall not issue any new passwords to any such individual.
Dimplex, its licensors and/or its agents are not liable for any costs, expenses, liabilities, losses or damages caused by your failure (or the failure of anyone in your organisation) to maintain the confidentiality of your Account credentials. It is your sole responsibility to keep your Account information up to date in your account settings.
Dimplex reserves the right, without liability to you, to disable your access to your Account or to any material on The App if you are and/or Dimplex suspects that you are failing to comply with any of the provisions of these Agreement or any actual or suspected illegal or improper use of The App as a result of any breach of the provisions of this Agreement.
6. Necessary Equipment
- Full use of The App is dependent upon your use of a device with bluetooth access and the purchase a Dimplex Connected Product which can be connected to The App. The battery life of your device may diminish more quickly when using The App.
- In order for The App to operate fully, your device may need to be connected to certain wireless and/or communication-based technologies. There may be delays, limitations and other problems inherent in the use of the Internet and wireless and/or communication-based technologies. Dimplex is not responsible for any delays, failures or other damages resulting from such problems and/or the costs/charges associated with internet data usage.
- The maintenance and security of this equipment may affect the performance of The App and it is your responsibility to ensure the equipment’s functionality is compatible and for making all arrangements necessary for you to have access to The App.
- Internet transmissions are never completely private or secure. Any message or information you send using The App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
- You are solely responsible for the maintenance and upkeep of the Dimplex Connected Heating Products.
7. Limitations to The App
The App is provided for informational purposes only. It does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from The App. Although we make reasonable efforts to update the information provided by The App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
8. Restricted Uses
In relation to The App, you shall:
- not licence, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit The App, whether in whole or in part, or any content displayed on The App.
- not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of The App.
- not access or view The App in order to build a similar or competitive website, product, or service to The App. (iv) not provide false data including false names, addresses, contact details and fraudulent credit card/debit card details.
- not enter into fraudulent or deceptive interactions or transactions with Dimplex (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party).
- not use The App in any way that is unlawful, fraudulent or deceptive, or has any unlawful, fraudulent or deceptive purpose or effect.
- not sell any products or services purchased through Dimplex, without Dimplex’s express permission. (viii) not intercept or intercept any communications transmitted by way of a telecommunications system and/or information society service. (ix) not execute any form of network monitoring which will intercept data not intended for you.
- not copy, reproduce, distribute, republish, download, display, post or transmit the whole or any part of The App in any form or by any means, except as otherwise permitted in this Agreement.
- use of The App must at all times comply with all applicable laws, rules and regulations and be strictly in accordance with this Agreement.
- not use Dimplex website IoT to upload, post, share or otherwise make available on The App any content and/or materials protected by proprietary rights without the express permission of the owner of such proprietary rights. (xiii) display and retain all copyright and other proprietary notice on The App (or on any content displayed on The App) and such must be retained on all copies thereof.
- not use The App to transmit, or procure the sending of, any unsolicited or unauthorised advertising, promotional material, chain letters, mass mailings or any other form of similar solicitation (spam) or of any material that is illegal, offensive, abusive, indecent, defamatory, obscene, menacing or in breach of proprietary rights, confidence, privacy or any other right, or is injurious to third parties.
- not attempt to gain unauthorised access to The App, its facilities and/or services or any accounts, databases, computer systems, servers and networks connected to The App and the server on which our Site is stored. You shall not attack The App via a denial of service attack. You will not misuse The App by knowingly or recklessly introducing viruses, trojans, worms, logic bombs, harmful data or other materials which is malicious or harmful. By breaching this provision, you may commit a criminal offence and Dimplex may report any such breach to the relevant law enforcement authorities and it will co-operate with those authorities. In the event of such a breach, your right to use The App will cease immediately.
- not use The App to harvest or otherwise collect by any means any program material or any information whatsoever (including without limitation email addresses or other personal details of other users).
- provide Dimplex with accurate and complete information and acknowledge that Dimplex’s ability to deliver The App is dependent upon your cooperation, as well as the accuracy and completeness of any information you provide to Dimplex. Dimplex shall not be liable for any costs, expenses or liabilities resulting from your failure to cooperate or to provide such information.
- not access The App through the use of any mechanism other than through the use of an authorised connection. (xix) use reasonable endeavours to prevent any unauthorised access to, or use of, The App and, in the event of any such unauthorised access or use, immediately without delay notify Dimplex in writing by email to the relevant email address provided in the “contact us” section below and shall immediately without delay telephone Dimplex to ensure the email communication has been received.
By breaching this provision, you could potentially commit a criminal offence. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or any website linked to it.
9. Intellectual property ownership
- This Agreement does not transfer any Intellectual Property Rights from Dimplex to you. Except for the express licences granted herein, all right, title and interest (including Intellectual Property Rights) in and to any intellectual property owned, created or independently developed by Dimplex, including, but not limited to, Dimplex Flame, Dimplex FlameConnect App,DimplexControl App,ConfigR App, Atmo App and any derivative work, customisation, modification or enhancement thereof (including all Intellectual Property Rights in any of the foregoing), whether developed prior to, during, or after this Agreement, will remain solely with Dimplex and its licensors. Dimplex grants no implied licences hereunder.
- You may provide suggestions, comments or other feedback relating to The App. Your Feedback, even if designated as confidential, shall not, absent a separate written agreement, create any confidentiality obligation for Dimplex. Dimplex shall be free to use, disclose, reproduce, licence or otherwise distribute and exploit such Reseller Feedback as it sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.
- You may print off one copy, and may download extracts, of any page(s) from the Dimplex Website or The App for your personal reference and you may draw the attention of others within your organization to material posted on our site. Any paper or digital copies of any materials which you have printed off or downloaded in any way must not be modified, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- The content on this app, including all information, text, graphics, images, hyperlinks, illustrations, designs, icons, photographs, documents, products, computer programs, services and written and other materials (collectively, the “Materials”), and such information is for general guidance purposes only.
- Unless otherwise noted, all Materials are copyrights, trademarks, trade dress and/or other intellectual properties owned by, controlled by or licensed to Dimplex or third parties (hereinafter, the “Third-Party Providers”).
- Except as stated herein, and to the extent permitted by law, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Dimplex or the Third-Party Provider.
- You may print and may download copies of Materials from the website for your personal reference, reference by other Establishment Users, or reference by your patients.
- You must not modify the paper or digital copies of any Materials You print or download in any way, and You must not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text.
- You also may not, without Dimplex’s prior express written permission, “mirror”, screen-scrape or frame by any other similar method, any Material contained on this Software on any other server.
- Any use of these Materials on any other website or networked computer environment for any purpose is prohibited. Any unauthorized use of any Materials contained on this Software may violate copyright, trademark, and other laws, including but not limited to laws of privacy and publicity, and may result in severe civil and criminal penalties.
10. Enforcement Rights
Dimplex are not obligated to monitor the access or use of The App, but Dimplex reserves the right to do so for the purpose of operating The App, to ensure compliance with these terms, and to comply with applicable law or other legal requirements. Dimplex may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, Dimplex may cooperate with law enforcement authorities as part of an investigation and/or to prosecute users who violate the law. In addition to any of its other rights or remedies, Dimplex reserves the right to suspend or terminate your access to all or a portion of your App, without any liability, if Dimplex suspects that your use of The App is harming or threatening to harm Dimplex’s systems, or in Dimplex’s reasonable opinion you have violated your responsibilities. Dimplex reserves the right to investigate any violation of these terms and any conduct that affects The App.
11. Service Updates
We reserve the right, without notice to you, to update, change, and discontinue (temporarily or permanently) any feature or component of The App. Alternatively, we may ask you to update The App. By continuing to use The App you accept the updates and changes to The App including any changes to or removal of features or components. You agree that your obligations are neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written comments made by us with respect to future functionality or features. Dimplex is not liable to you or to any third party for any update, change, suspension, discontinuance of any feature or component of The App. Dimplex reserves the right to determine the timing and content of software updates, which may be automatically downloaded and installed by The App without your notice. If you chose not to install such updates or if you opt out of automatic updates you may not be able to continue using The App.
12. Changes to this agreement
Dimplex reserves the right to amend, modify, update or substitute any of the provisions of this Agreement at any time. Any such amendment, modification, update or substitution shall be notified to you by email and/or when you next login to your account. You have the right to withdraw from this Agreement if you do not accept any amendments, modifications, updates or substitution of any of the provisions of this Agreement and in such an event you must cease all access and use of your App. By continuing to use The App after Dimplex posts or otherwise notifies you of any changes, you accept and agree to the terms and conditions, as modified.
- The App may contain links to third party websites, services and/or display advertisements for third parties (together, “Third Party Links and Ads”). Such Third Party Links and Ads are not under Dimplex’s control. Dimplex disclaims all liability and responsibility for any Third Party Links and Ads and you acknowledge and agree that Dimplex is not responsible or liable for: (a) the availability or accuracy of such Third Party Links and Ads; or (b) the contents, products or services on or available from such Third Party Links and Ads. Your use of Third Party Links and Ads is at your own risk and is subject to the terms and conditions of the applicable third party. Dimplex provides Third Party Links and Ads for your convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Links and Ads. You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
- We make all reasonable efforts to ensure that the information and material provided on this site is accurate at the time of inclusion, but at any particular time there may be inaccuracies, omissions or information that is not up to date. We take no responsibility for any miss-use of the information on this website. We have a policy of continuous improvement, and therefore reserve the right to alter specifications without notice. Where measurements are shown, these are to give an indication of size only.
- We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely.
14. Limitation of liability
- Nothing in this Agreement of Use shall exclude or limit Dimplex’s liability for death or personal injury resulting from its negligence or of its officers, representatives their servants, agents, affiliates, employees or any other liability which may not be limited or excluded under applicable law.
- To the fullest extent permitted by law, Dimplex, its affiliates, suppliers, licensors, nor any other party involved in creating, producing or delivering The App makes no warranties, either express or implied, about The App. The App is provided "as is." In no event shall Dimplex nor any of its officers or other representatives be liable for any loss or damages arising out of or in connection with your use, inability to use or reliance on any facilities, services, products and/or content offered through or from Dimplex IoT, including, but not limited to, direct loss, loss of data, work stoppage, service interruption, computer failure, system failure, device damage or malfunction, loss of income, profit or opportunity, loss of or damage to property and claims of third parties or for any indirect or consequential loss whatsoever, even if Dimplex has been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable.
- In no event will the aggregate liability of either Party or its affiliates, employees or agents to the other Party or to any third party for damages, direct or otherwise, arising out of or in connection with this Agreement exceed five hundred pounds (£500) regardless of the cause or form of action, and whether such claims are grounded in contract, tort, strict liability or any other legal theory, notwithstanding any failure of essential purpose of any limited remedy.
- In the event of loss, damage and frustrated expenditures caused by slight negligence, Glen Dimplex will not be liable for indirect or consequential damages, even if Glen Dimplex was informed about the possibility of such loss or damage
Please see our IOT privacy notice.
- This Agreement and the licence granted hereunder, shall come into force on the creation of your Account and shall continue in full force and effect unless this Agreement is terminated earlier in accordance with clause 15.2 and/or this Agreement is terminated in accordance with its terms.
- Dimplex reserves the right, in its sole discretion and without notice to you, to suspend, terminate, modify or delete an account or access to The App or parts thereof, if you are, or Dimplex suspects that you are, failing to comply with any of the provisions of this Agreement or for any actual or suspected illegal or improper use of The App. If you use multiple Accounts, if Dimplex does take action against you, you may have action taken against all your Accounts.
Upon termination for any reason:
- all rights granted to you under this Agreement shall cease
- you must cease all activities authorised by this Agreement, including your use of The App you must immediately delete, remove and cease access to The App from all devices on which The App has been installed and all copies of The App then in your possession, custody or control. Dimplex may also require that you provide it with evidence of compliance with this provision
- We may remotely access your devices and remove The App from them and cease providing you with access.
18. Force Majeure
If our provision of The App or support for The App is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
This Agreement will be governed by the laws of Ireland and you submit to the exclusive jurisdiction of the Irish courts. This Agreement (and any associated order form or other agreements referenced herein) constitutes the entire and exclusive agreement between you and Dimplex with respect to the subject matter of this Agreement, and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Agreement. Dimplex’s failure to enforce a term of this Agreement is not a waiver of its right to do so later. If a term is found unenforceable or invalid, that term will be enforced to the maximum extent permissible and the remaining provisions of the Agreement will remain in full force and effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign or transfer any of your rights under this Agreement, and any such attempt will be void. Dimplex may freely assign or transfer its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with The App. Subject to the foregoing, this Agreement will bind and ensure to the benefit of the parties, their successors and permitted assigns.
All claims shall be brought within two (2) years after the claim arises.
20. Alternative dispute resolution
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the EU Voluntary Online Dispute Resolution platform via their website here. If you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
Last updated: 09/12/2020