1. Information about us
Glen Dimplex Heating and Ventilation Ireland Unlimited Company (registered number 55329) with a registered address at Barn Road, Dunleer, Co. Louth A92 Wv02 (“GDHV”, “we”, “ours” or “us”).
In the Agreement the following expressions shall have the following meanings:
“Account” means the personal account set up for you on the App when you register with it.
"App" means the mobile apps in the Glen Dimplex IOT Plaftorm (including, but not limited to, the “Dimplex control App”, “Flame Connect App”, “ConfigR App” “Dimplex Capa App” “Capa Connect App” and “Atmo App”) available on a user’s smart device, web portal and any other means provided by Dimplex from time to time.
“App trial” means the trial, pre-release development versions of the App that may be available by Dimplex to a limited number of users for a limited time period at Dimplex’s sole discretion and for the sole purpose of testing and providing input and other feedback, the use of which is subject to the terms of the Agreement.
“Australian Consumer Law” means Schedule 2 of the Australian Competition and Consumer Act 2010 (Cth).
“Dimplex” means any member of the Glen Dimplex Group, which includes, but is not limited to GDHV.
“Dimplex Connected Products” means the appliances made available by Dimplex or its subsidiaries or affiliates which are installed in your property which includes, but is not limited to, the Dimplex heat and flame product range.
“Documentation” means the tutorials, user manuals and other documents accompanying or made available with the App.
“Effective Date” means the date upon which you agree to abide by the terms and conditions of the 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).
“IOT Platform” means the connected services which include the Dimplex FlameConnect , ConfigR, Dimplex Control , Dimplex Capa, Capa Connect and Atmo Apps , the connected feature of the Dimplex Connected Products and any other applications and/or platforms made available to you by us from time to time.
“New Zealand Consumer Law” means the New Zealand Fair Trading Act 1986 and the New Zealand Consumer Guarantees Act 1993.
“Term” means the duration of the Agreement and for the purposes of an App trial, means the duration of the App Trial.
3. Grant and scope of licence
- 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 the 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.
- 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 the App, to protect yourself in case of problems with it.
4. Location data
- You may stop us collecting such location data at any time by turning off the location services settings on your device.
- The App is for consumer use only. To the maximum extent permitted under applicable law, save that nothing in the Agreement intends to or will limit your rights under the Australian Consumer Law or New Zealand Consumer Law to the extent it is not permitted, if you use the App for commercial, business or resale purposes 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 the App by providing us with certain information. Your Account will be created once you complete an online 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 by us in its entirety to another individual and that individual expressly agrees to be bound by the 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 us in its absolute discretion, and that you shall keep the password confidential; and
- you shall permit GDHV or any of its licensors and/or agents to audit the Account in order to establish compliance with the Agreement and 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 our other rights, you shall promptly disable such passwords and we may not issue any new passwords to any such individual.
To the maximum extent permitted by applicable law, 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.
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. You are responsible for configuring your mobile device to ensure access 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. We are 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 should use your own virus protection software.
- You are solely responsible for the maintenance and upkeep of the Dimplex Connected Heating Products.
7. Limitations to The App
The App and Documentation 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 or Documentation. Although we make reasonable efforts to update the information provided by the App, to the maximum extent permitted by applicable law, 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;
- 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 transfer your account to another user or maintain more than one account with us without our consent;
- 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 our express permission;
- not intercept or intercept any communications transmitted by way of a telecommunications system and/or information society service;
- 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 the Agreement;
- ensure your use of the App at all times complies with all applicable laws, rules and regulations and is strictly in accordance with the Agreement;
- not use App 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.
- 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 App 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 we 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 us with accurate and complete information and acknowledge that our ability to deliver the App is dependent upon your cooperation, as well as the accuracy and completeness of any information you provide to us. We 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; and
- 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 us in writing by email to the relevant email address provided in the notice section below and shall immediately without delay telephone us to ensure the email communication has been received.
By breaching this provision, you could potentially commit a criminal offence. Where required by applicable law, we will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities to the fullest extent permitted under applicable law. In the event of such a breach, your right to use the App will cease immediately.
WE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 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 WHEN THEY ARE CAUSED BY YOU OR DUE TO YOUR USE OF OUR APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ANY WEBSITE LINKED TO IT.
9. Intellectual property ownership
- The Agreement does not transfer any Intellectual Property Rights from GDHV to you. Except for the express licences granted herein, all right, title and interest (including Intellectual Property Rights) in and to any Intellectual Property Rights owned, created or independently developed by Dimplex, including, but not limited to, Dimplex Flame, Dimplex FlameConnect App, DimplexControl App, ConfigR App, Dimplex Capa App, Capa Connect 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 the Agreement, will remain solely with Dimplex and its licensors. We grant no implied licences hereunder.
- You may provide suggestions, comments or other feedback relating to the App (“Feedback”). Your Feedback, even if designated as confidential, shall not, absent a separate written agreement, create any confidentiality obligation for us. Dimplex shall be free to use, disclose, reproduce, licence or otherwise distribute and exploit such 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 applicable 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 App for your personal reference.
- 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 the App on any other server.
- Any use of these Materials on any other app, website or networked computer environment for any purpose is prohibited. Any unauthorized use of any Materials contained on the App 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
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. To the maximum extent permitted under Australian Consumer Law or New Zealand Consumer Law, 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. We are not liable to you or to any third party for any update, change, suspension, discontinuance of any feature or component of the App. We reserve 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
We reserve the right to amend, modify, update or substitute any of the provisions of the 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 the Agreement if you do not accept any amendments, modifications, updates or substitution of any of the provisions of the Agreement and in such an event you must cease all access and use of the App. By continuing to use the App after we post or otherwise notify you of any changes, you accept and agree to the terms and conditions, as modified.
- The App may contain links to third party websites, plugins, applications, resources, services and/or display advertisements for third parties (together, “Third Party Links and Ads”). Such Third Party Links and Ads are not under our control. To the maximum extent permitted by applicable law, Dimplex disclaims all liability and responsibility for any Third Party Links and Ads and does not endorse such third parties or 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. We provide 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 the App 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 the App. 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 the App regularly, and may change the content at any time. If the need arises, we may suspend access to the App, or close it indefinitely.
14. Limitation of liability
- Nothing in the Agreement will affect your statutory rights under applicable law which cannot be limited or excluded.
- Nothing in the Agreement shall exclude or limit GDHV’s liability for death or personal injury resulting from its negligence or fraud or of its officers, representatives, their servants, agents, affiliates, employees or any other liability which may not be limited or excluded under applicable law including the Australian Consumer Law and New Zealand Consumer Law (in which case liability is limited to the maximum allowable by law).
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GDHV, 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."
- SAVE WHERE GDHV IS LIABLE UNDER AUSTRALIAN CONSUMER LAW AND NEW ZEALAND CONSUMER LAW, IN NO EVENT SHALL GDHV 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 THE APP, INCLUDING, BUT NOT LIMITED TO, DIRECT LOSS, LOSS OF DATA, WASTED EXPENDITURE, 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 OR DAMAGE WHATSOEVER, EVEN IF GDHV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE OR DIMPLEX WAS INFORMED ABOUT THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
- SAVE WHERE LIABILITY CANNOT BE LIMITED UNDER APPLICABLE LAW INCLUDING THE AUSTRALIAN CONSUMER LAW AND NEW ZEALAND CONSUMER LAW, 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 THE AGREEMENT EXCEED AUD$1,000 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.
- If you are a consumer under the Australian Consumer Law or New Zealand Consumer Law, our goods and services come with the guarantees that cannot be excluded under Australian Consumer Law or New Zealand Consumer Law (as applicable). Under Australian Consumer Law, for a major failure with the service you are entitled to cancel your service contract with us.1 Under the New Zealand Consumer Law the right of redress available to you under Part 2 of the Consumer Guarantees Act 1993.
- We do not guarantee that the App is or will be secure or free from bugs or viruses or always available or functional, or that we will correct any defects. To the extent permitted by applicable law, we reserve the right to interrupt or discontinue any or all of the functionalities of the App at any time.
- The views expressed in user generated content are the opinions of those users and do not represent our views, opinions, beliefs or values or any of our group companies.
ALL CLAIMS, OTHER THAN CLAIMS UNDER THE AUSTRALIAN CONSUMER LAW OR NEW ZEALAND CONSUMER LAW, SHALL BE BROUGHT WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ARISES OR SUCH CLAIM IS BARRED.
The IOT Privacy Notice (available here) is incorporated automatically by reference into the Agreement and forms part of it, as amended from time to time.
- The 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 the Agreement is terminated earlier in accordance the Agreement and/or the Agreement is terminated in accordance with its terms.
- You may terminate the Agreement at any time by closing your Account in accordance with the instructions we provide to you.
- We reserve the right, in our sole discretion and without notice to you, to suspend, terminate, modify or delete your Account or access to the App or parts thereof, if you are, or we suspect that you are, failing to comply with any of the provisions of the Agreement or for any actual or suspected illegal or improper use of the App. If you use multiple Accounts and if we take action against you, you may have action taken against all your Accounts.
Upon termination for any reason:
- all rights granted to you under the Agreement shall cease; and
- you must cease all activities authorised by the 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. We may also require that you provide it with evidence of compliance with this provision.
18. Force Majeure
If our provision of the App or support for the App is materially delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take reasonable steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
19.1 Governing law and jurisdiction
THE AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE REPUBLIC OF IRELAND AND THE PARTIES SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE IRISH COURTS.
19.2 Entire Agreement
The Agreement (and any associated documents or other agreements referenced herein) constitutes the entire and exclusive agreement between you and GDHV with respect to the subject matter of the Agreement, and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of the Agreement.
GDHV’s failure to enforce a term of the 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, transfer, charge, sub-contract or deal in any other manner with any of your rights or obligations under the Agreement, and any such attempt will be void. We may at any time 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, the Agreement will bind and ensure to the benefit of the parties, their successors and permitted assigns.
Nothing in the Agreement is intended to or will operate to create a partnership, joint venture, or franchise relationship between you and GDHV, or authorise either party to act as agent for the other, and neither party will have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any presentation of warranty, the assumption of any obligation or liability and the exercise of any right or power).
19.6 Rights and remedies
Except as expressly provided in the Agreement, the rights and remedies provided under the Agreement are in addition to, and not exclusive of, any rights or remedies provided by applicable law. You agree that we will not be liable to you or anyone else for termination of your access to the App or your breach of the Agreement.
19.7 Third party rights
The Agreement does not confer any rights on any person or entity (other than the parties to the Agreement and, where applicable, their successors and permitted assigns).
We can serve a notice on you at the last known email address for you and by electronic means.
You must serve a notice on us at:
By email: Data.Privacy@glendimplex.com
By post: Data Protection Lead, Glen Dimplex, Old Airport Road, Cloughran, Co. Dublin, Ireland, K67 DT89.
Whilst this will not constitute notice under the Agreement, you can also contact us at your nearest regional Dimplex office, so we can ensure that your request or query will be handled by the data protection team based in your region. You can find the appropriate office at this link.
Last updated: 29/03/2022