1. Information about us
By downloading, accessing and/or using the App, you are contracting with 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”).
“Account” means the personal account set up for you on the App when you register with it.
“App” means any of the mobile apps in the Glen Dimplex IOT Platform (including, but not limited to, the “Dimplex control App”, “Flame Connect App”, “ConfigR App” “Dimplex Capa App” “Capa Connect App”, “Atmo App” and “Green Heating App”) available on a user’s smart device, web portal and any other means provided by Dimplex from time to time, including any App made available by Dimplex during an App trial.
“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.
“Applicable Law” means any law and any legally binding rule, policy, guidance or recommendation issued by any governmental, statutory or regulatory body and any legally binding industry code of conduct or guideline which applies to the parties to this Agreement or relates to this Agreement which is in force from time to time.
“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.
“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, Atmo, Green Heating 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.
3. The Apps
Dimplex is a manufacturer, wholesaler and distributor for an extensive range of premium quality products including consumer electronics, kitchen appliances, white goods appliances, portable heating appliances, and low carbon home heating and ventilation systems for residential homes and apartment developments. Dimplex has created the App to be used with Dimplex Connected Products. The App allow users to control and/or manage their Dimplex Connected Products.
We provide a number of different Apps including FlameConnect, ConfigR, Dimplex Control , Dimplex Capa, Capa Connect, Atmo and Green Heating.
All the Apps, depending upon the specification of the product connected to and under the control of the App, allow primarily the configuration of product settings, control of time schedules and temperature settings (or in the case of ventilation products, air flow) and the monitoring of product plus environment data. For the Flame Connect App specifically, this App allows, in addition to time and temperature, the control of fuel bed and flame effect simulation on the product.
During the Term of the Agreement, we shall provide the App in conformity with this Agreement and in accordance with our obligations under Applicable Law.
4. Account creation
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 our absolute discretion, and that you shall keep the password confidential; and
- you agree that GDHV or any of its licensors and/or agents may audit the Account in compliance with Applicable Law, 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 and without prejudice to any rights you may have under 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 acting on your behalf) 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.
5. 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.
6. Location data
- You may stop us collecting such location data at any time by turning off the location services settings on your device.
7. 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 your device may affect the performance of the App and it is your responsibility to ensure your device’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 Products.
8. Informational purposes only
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.
9. Restricted Uses
In relation to the App, you shall:
- not use the App for any commercial or business purposes;
- 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 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 the 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;
- 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 Contact Us 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.
Without prejudice to our obligations under this Agreement or under Applicable law, we are not responsible 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 (i) they are caused by you, or (ii) due to your use of our App which is not in accordance with this Agreement, or (iii) you download or click on any Third Party Links or Ads. For the avoidance of doubt, this does not affect any rights you may have under the applicable law in your jurisdiction.
10. 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, Green Heating 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.
- 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.
11. Enforcement Rights
12. Service Updates
We seek to continuously improve the App and while doing so we may add, remove or modify certain features, functionalities and/or components of the App, start offering new services or stop certain old services through the App. During the Term, we may inform you of the availability of, and supply you with, updates to the App (including security updates) to ensure that the App continues to perform in accordance with our obligations under this Agreement and under Applicable Law. We reserve the right to determine the timing and content of software updates, provided that we will ensure that we comply with our requirement to supply the App in conformity with this Agreement. Updates may be automatically downloaded and installed by the App without any action on your behalf. Where we notify you of any update and the consequences of failure to install an update we will not be liable to you for any lack of conformity in respect of the App due to your failure to install such update within a reasonable time or due to your incorrect installation of the update (where such incorrect installation is not due to any act or omission by us). If you chose not to install updates or if you opt out of automatic updates you may not be able to continue using the App with all functionalities and/or features.
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.
For the Term of the Agreement, the App is made available to you for your personal use. In accordance with our obligations under this section, we may modify the App, beyond what is necessary to maintain the App in conformity with the Agreement, in the following circumstances:
- to comply with Applicable Law;
- to address security issues;
- to address operability issues;
- to address changes in circumstances beyond our reasonable control;
- to address any IP issues;
- to address any changes required to reflect changes to Dimplex Connected Products; and/or
- to adapt to new technologies.
All such modifications will be made without cost to you. We will inform you reasonably in advance of any such modification of (i) the features and time of the modification, (ii) any rights you have to terminate the Agreement and (iii) the possibility to maintain the App without such modification. You shall have the right to terminate this Agreement if the modification adversely affects your access to or use of the App. However, the foregoing right of termination shall not apply if such negative effective is minor or we have enabled you to maintain an unmodified version of the App without additional cost and there is no lack of conformity with the unmodified App.
14. Changes to the Agreement
We shall not alter the information provided in sections 1, 3, 19, 20, 22.8 and 22.9 without your express agreement. If you do not agree to such changes, you may withdraw from the Agreement and in such an event you must cease all access and use of the App.
Except as set out above, we reserve the right to amend, modify, update or substitute any other section of the Agreement at any time:
- to accurately reflect the App and the services made available therein;
- to reflect any changes in circumstances which are beyond our reasonable control;
- to reflect changes in the law and comply with Applicable Law;
- to reflect any new developments we make including any new technologies; and/or
- to address a security issue.
Any amendment, modification, update or substitution shall be notified to you by email and/or when you next log into 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. We do not endorse such third parties or Third Party Links and Ads. Except where an act or omission by us causes the App to be restricted or limited, we are not responsible 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 do 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. If you have any issues with Third Party Links and Ads we recommend that you contact the third party service provider.
16. 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).
- Except as otherwise provided herein and under Applicable Law, GDHV, its affiliates, suppliers, licensors nor any other party involved in creating, producing or delivering the App makes no further express or implied warranties in respect of the App.
- 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.
- 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 make no guarantees, warranties or representations in respect of the App (which is in such circumstances provided on an “as is” basis) and we will have no liability to you for any direct or indirect loss or damage howsoever caused, including loss of profit, loss of business, business interruption, or loss of business opportunity.
Where you are a consumer under the Australian Consumer Law or New Zealand Consumer Law, the following additional provisions shall apply:
- 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.
- Certain 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. Under the New Zealand Consumer Law the right of redress available to you under Part 2 of the Consumer Guarantees Act 1993.
- 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 is incorporated automatically by reference into the Agreement and forms part of it, as amended from time to time.
19. Right of Cancellation
You have the right to cancel this Agreement within 14 days of the Effective Date without giving any reason. The cancellation period will expire 14 days after the Effective Date.
To exercise the right of cancellation, you must inform us of your decision to cancel this Agreement by an unequivocal statement (e.g. a letter sent by post or email). You may use the model cancellation form below, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
Model Cancellation Form
Complete and return this form only if you wish to cancel the Agreement.
To: Data Protection Lead, Glen Dimplex, Old Airport Road, Cloughran, Co. Dublin, Ireland, K67 DT89
I/We [*] hereby give notice that I/we [*] cancel my/our [*] contract for the provision of the following service [*]:
Ordered on [*]/received on [*],
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s): [only if this form is notified on paper]
The Agreement and the licence granted hereunder, shall come into force on the Effective Date and shall continue in full force and effect during the Term unless the Agreement is terminated in advance in accordance with the terms of the Agreement.
You may terminate the Agreement at any time by closing your Account in accordance with the instructions we provide to you. You may also terminate your Agreement in accordance with any of your rights under Applicable Law.
We may terminate the Agreement by providing you with 30 days’ notice, except where there are serious grounds for not providing you with notice, where:
- we discontinue the App;
- we replace the App with an alternative technological solution;
- we are required to terminate the Agreement in order to comply with Applicable Law or any request from law enforcement;
- you are, or we reasonably suspect that you are, failing to materially comply with any of the provisions of the Agreement and this results in a risk to us, our business and/or our systems; and/or
- you use or attempt to use the App for any actual or suspected illegal or improper use.
If you use multiple Accounts and if we take action against you, we 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 us with evidence of compliance with this provision.
21. 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.
22.1 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.
22.2 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 provided that any such assignment or transfer does not reduce the guarantees provided to you under the Agreement. 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).
22.6 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.
22.7 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).
The EU Commission has established the European Online Dispute Resolution (ODR) platform for the settlement of disputes between traders and consumers. If you have a complaint you may submit it to the ODR platform which is accessible here
22.9 Contact Us
We can serve a notice on you at the last known email address for you and by electronic means.
You may contact us using the below details. If you are required to provide us with notice under this Agreement, you must serve a notice on us at:
Phone Number: +353 (0)1 852 3400
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 the following link