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SMARTHQ APPLICATION END USER AGREEMENT

TOPICS COVERED IN THESE TERMS

Privacy

App Store Terms

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FISHER & PAYKEL APPLIANCES CUSTOMERS FOR UK, IRELAND AND EU ONLY

Last updated October 2024.

Please read this End User Agreement that applies to you carefully. By downloading the SmartHQ App, agreeing or accepting the End User Agreement on the acknowledgement page, you agree to be bound by the terms and conditions of the end user agreement that applies to you. If you do not agree to these terms, do one of the following: do not download the App, delete the App or do not continue with the sign up terms.

These End User Terms apply to Fisher & Paykel connected customers in the UK, Ireland and EU.

For Fisher & Paykel customers not located in the UK Ireland or EU and Haier customers in New Zealand and Australia and DCS customers please review this Fisher & Paykel Appliances End User Agreement.

PRIVACY

Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in https://www.fisherpaykel.com/uk/privacy-statement-smarthq.

END USER AGREEMENT FOR SMARTHQ APPLIANCE MOBILE SOFTWARE APPLICATION
AND FISHER & PAYKEL APPLIANCES

Important: This end user agreement is between you and Fisher & Paykel Appliances Limited (“FPA”) with company number 43285 with registered office in New Zealand and which can be contacted at 78 Springs Road, East Tamaki, Auckland 1072, customer.care@fisherpaykel.com with contact details www.fisherpaykel.com. Please read and agree to this End User Agreement before use of the SmartHQ feature and mobile phone application (“SmartHQ Application” or “App”) and the Fisher & Paykel connected appliance. The App and FPA Connected Appliances are intended to work together. By accepting this end user agreement you (“you”) are becoming a party to this license and agree to be bound by it. If you do not agree to all of the terms of this end user agreement, you are not licensed to use the SmartHQ Application or the software contained therein or the FPA Connected Appliance or connected appliance software (“Software”).

The SmartHQ Application and FPA Connected Appliances are not intended for minors, i. e. persons under 18 years. If you are under 18,you can only register as a user on our websites or the App, provide us with your personal data, or agree to our terms with your parents’ or (other) legal representative’s consent.

If any provision of this End User Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the other provisions of this End User Agreement shall remain in force.

APP STORE TERMS

The App Store from where you downloaded the App may also be controlled by the respective App Store’s rules and policies and where there are any differences between these terms and the App Store’s terms, rules or polices, the App Store’s terms, rules or policies shall apply. For Google Play Store the terms and conditions are located at https://play.google.com/about/play-terms/index.html and for the Apple store at https://store.apple.com/Catalog/uk_inst/Images/salespolicies_individual.html.

The SmartHQ Application and FPA Connected Appliances are not intended for minors, i. e. persons under 18 years. If you are under 18,you can only register as a user on our websites or the App, provide us with your personal data, or agree to our terms with your parents’ or (other) legal representative’s consent.

If any provision of this End User Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the other provisions of this End User Agreement shall remain in force.

  1. TERMS OF LICENCE AND FPA SOFTWARE LICENSE GRANT. Subject to the terms of this End User Agreement and recognising always that no ownership rights of any kind are hereby granted, FPA hereby grants You a limited, personal, non-sublicenseable, non-transferable, non-exclusive, revocable license to use the SmartHQ Application that is intended for use with any FPA Connected Appliances you may have purchased and software within the FPA Connected Appliances, in accordance with this End User Agreement and any documentation accompanying your FPA Connected Appliances or as set out on the App (the “Software License”). If you choose to sell or transfer ownership of your FPA Connected Appliance(s) to a new owner, you agree that you will deactivate the transferred FPA Connected Appliance(s) from your account. The new owner will need to agree to the terms of this End User Agreement and will need to accept a new agreement to use the SmartHQ Application when they register any transferred FPA Connected Appliance.
  2. PERMITTED USE. This End User Agreement allows Your use of the SmartHQ Application on your personal electronic devices (i.e., portable electronic devices such as mobile phones and tablets) which You own or have rights to use, for the limited purpose of accessing your FPA Connected Appliance(s) and use of the software within your FPA Connected Appliance(s).
  3. LICENSE RESTRICTIONS. Except as expressly and unambiguously permitted by this End User Agreement, You acknowledge that the SmartHQ Application is intended solely for your personal, non-commercial use. You may not, nor permit anyone else to, directly or indirectly: copy, modify, or distribute the SmartHQ Application or reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of the SmartHQ Application or software within the FPA Connected Appliance (except and only to the extent any foregoing restriction is prohibited by applicable law (including but not limited to Sec. 69e German Copyright Act (“UrhG”)), or to the extent as may be permitted by the licensing terms governing use of any Open Source Software, as defined below). As between the parties, title, ownership rights, and intellectual property rights in and to the SmartHQ Application, and any copies or portions thereof, shall remain in and with FPA and its suppliers or licensors. You acknowledge that any attempt to do so constitutes a serious breach of FPA’s intellectual property rights and of this End User Agreement. You may be held liable for this under law. To the extent permitted by applicable law, FPA may modify or discontinue offering the SmartHQ Application at any time for valid reasons (e.g., to reflect changes in relevant laws, to protect security, or to implement technical adjustments and improvements). In such case, FPA will notify You by the relevant app store of any modifications.
  4. ACCEPTABLE USE RESTRICTIONS. You must not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, or any operating system; not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service (to the extent that such use is not licensed by these terms); not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App; not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and not collect or harvest any information or data from any service or our systems or attempt to decipher any transmissions to or from the servers running any services.
  5. OPEN-SOURCE SOFTWARE. The App or FPA Connected Appliances may include certain software code that is licensed under various free and open-source licenses (collectively, the “Open Source Software”). To the extent required under the relevant open-sourced licenses (and specifically limited to those requirements), each contributor to the Open Source Software, hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute the work and such derivative works in source or object form. You may access through the Application a list of the source code for any Open Source Software that is included in the SmartHQ Application.
  6. TRANSACTIONS. The App may make available listings, descriptions, and images of products. Such information and the availability of any product are subject to change at any time without notice. You may be able to purchase products or services through the App (a “Transaction”). In such case the transaction will be subject to separate terms and conditions of sale.
  7. FEEDBACK. If You provide to FPA any ideas, proposals, suggestions, or other materials (“Feedback”), whether related to the SmartHQ Application or otherwise, You represent and warrant that you are the sole author and owner of all intellectual property, if any, on such content or are otherwise legally permitted to provide it to FPA and You agree that such Feedback is not confidential and that Your provision of such Feedback is gratuitous, unsolicited, and without restriction, and does not place FPA under any obligation in respect of such Feedback.
  8. LIMITED WARRANTY. FPA warrants the SmartHQ Application complies with the requirements provided by applicable consumer laws within the limits and for the duration provided by such laws. You have the right to request a replacement of the SmartHQ Application with the currently available version of the SmartHQ Application (as updated based on the provisions of paragraph 12 below), save for your rights under applicable consumer laws.
  9. WARRANTY. FPA makes every effort to make the SmartHQ Application available within reasonable limits. We are not able to guarantee uninterrupted availability of the SmartHQ Application. While we regularly maintain the SmartHQ Application and the underlying infrastructure are also regularly technically maintained, our provision of the SmartHQ Application may be subject to restrictions, in particular in the event of disruptions or restrictions that are not within FPA’s control. FPA will make every effort to inform You in advance of planned maintenance work on SmartHQ Application that may involve interruptions of service.
  10. TECHNICAL REQUIREMENTS AND GENERAL LIMITATIONS. We ask you to ensure that within the limits provided by applicable laws, for safe appliance operation. You must ensure you have WiFi for operation of the appliance and SmartHQ Application and any charge for the use of the necessary telecommunication services relating to this are your responsibility. You cannot rely on the SmartHQ Application as a means of preventing accidents, fire or damage to your appliances or home; the SmartHQ Application is not designed for that purpose. It is your responsibility to ensure that your appliances are maintained in good working order and that they are used in a safe and responsible manner. You may not transfer use of the App to someone else, the rights set out in this End User Agreement are given to you personally. You agree that use of the SmartHQ Application is subject to limitations and restrictions outside of FPA’s reasonable control (such as internet availability, environmental conditions such as buildings and topography, weather and atmospheric conditions, and availability of cell phone service, and satellite access) and FPA is not responsible for these limitations if, despite reasonable precautionary measures, they cannot be prevented; the limitation of exclusion of liability set out in this End User Agreement apply.
  11. DIGITAL ASSISTANTS. If your FPA Connected Appliance can be used with voice commands, you will need to use the digital assistant (such as Google Assistant or Alexa or Siri) specified in your User Guide to activate voice commands. Use of the voice commands and digital assistants are subject to the relevant digital assistant provider’s terms of use. Please review them carefully. If you do not choose to use the applicable digital assistant, you will not be able to use voice commands on the FPA Connected Appliance.
  12. SECURITY. If you need to report a security vulnerability, bug or issue please visit https://producthelp.fisherpaykel.com/eu/Troubleshooting/SmartHQ_for_Connected_Appliances/SmartHQ_Articles/Cyber_Security. Information on security updates and timing is also available.
  13. COMPLIANCE WITH THE LICENSE. You are responsible for compliance with this license for not only Yourself, but also for anyone else who uses the SmartHQ Application under this license. You agree to make all other users aware of the terms of this license.
  14. SOFTWARE UPDATES. FPA maintains a policy of continuous improvement of its products and, to the fullest extent permitted by applicable law, reserves the right to change or update the SmartHQ Application. If such update is carried out remotely, we will provide you with a prior notice as well as information about available SmartHQ Application updates in order to maintain the SmartHQ Application in line with this End User Agreement. In any case, you are free to choose whether you want to install the SmartHQ Application updates provided. However, where you decide not to install the SmartHQ Application updates, the SmartHQ Application may not remain in conformity with this End User Agreement. Furthermore, FPA will provide you with SmartHQ Application updates for a reasonable period of time, to ensure the conformity of the SmartHQ Application with this End User Agreement. Without prejudice to the above provisions in relation to the SmartHQ Application updates, FPA is not obliged to maintain support for older versions and does not warrant the compatibility of older versions/updates with newer hardware operating systems, versions of the SmartHQ Application. However, you are not entitled to claim for any update of the SmartHQ Application which extends its functions.

    FPA will provide you with updates to the SmartHQ Application for a reasonable period of time, to ensure the conformity of the App with this End User Agreement. You will be informed of any update to the SmartHQ Application by your mobile operating system provider whenever a SmartHQ Application update is available pursuant to the modalities set forth within the applicable terms and conditions of your mobile system app store. Likewise, you recognize and understand that any SmartHQ Application update shall be installed according to said terms and conditions and FPA neither determines nor has influence over them. You acknowledge that the SmartHQ Application updates may require the App to be reinstalled or be temporarily discontinued. In any case, to ensure the correct and stable functionality of the App, you need to install the latest version of the App. Without prejudice to the above provisions in relation to the App Updates, FPA is not obliged to maintain support for older versions of the App and does not warrant the compatibility of older versions/updates with newer hardware operating systems, versions of the App. However, you are not entitled to make a claim for any update of the App which extends its functions.

    In addition to FPA’s right to extend, update or modify the SmartHQ Application, FPA may provide updates for the software embedded in the FPA Connected Appliance through updates to improve performance, enhance functionality, reflect changes to the operating systems or address security issues. Alternatively, we may ask you to update the App for these reasons. You acknowledge that software updates of your FPA Connected Appliance may require your FPA Connected Appliance to be reset, restarted, or be temporarily discontinued. However, you are not entitled to make a claim for any update of the embedded software which extend the functions of your FPA Connected Appliance, the communication module used in your FPA Connected Appliance or the SmartHQ Platform.

    For user safety reasons and prevent potential damages and malfunctioning, FPA will provide you with updates to the FPA Connected Appliances for a reasonable period of time. Any updates to the FPA Connected Appliances will be installed on your connected appliance when they are required to ensure the correct and safe functioning of your smart domestic appliance and its secure connection to the App. FPA will duly inform you on their availability and specify within which timeframe FPA Connected Appliances software updates will be installed automatically. To avoid installation of FPA Connected Appliances updates, you can at any time disconnect the connected appliance within the App, without impacting on the device’s core functionalities that are not operated through the App. However, where you decide not to install the FPA Connected Appliances updates by disconnecting the connected appliance from the App, the smart functionalities of the appliance will be no longer available.

    This End User Agreement and all the provisions contained therein shall apply to all updates to the App and FPA Connected Appliances.

    You acknowledge that FPA reserves the right:

    1. to discontinue the App and not replace it with any other app, after a reasonable period of time during which it will provide you with updates to the App and the FPA Connected Appliances. In this case the smart functionalities of the appliance will be no longer available; or
    2. at any time, to replace the App with a different IOT infrastructure and IOT consumer mobile app, provided that they are also compatible with your connected appliance and the new app is provided according to the terms set forth in this End User Agreement. In this case the smart functionalities of the appliance will remain available.

  15. LIMITATION OF LIABILITY. If you are a resident of the European Union, United Kingdom or such other jurisdiction that has legislative prohibitions or laws relating to exclusions of liability in consumer contracts such as this End User Agreement, nothing in this End User Agreement shall limit FPA’s statutory liability (a) under any such legislation that contains prohibitions or limitations on limitations of liability or exclusion of liability clauses, (b) for damages arising from loss of life, bodily injury, or damage to health, (c) for damages caused by FPA’s gross negligence, deliberate recklessness or wilful misconduct, (d) for damages arising from fraudulently concealed defects, and (e) for damages covered by a guarantee of FPA. Subject to the foregoing sentence, in cases of FPA’s ordinary negligence, FPA’s liability for damages (y) shall be limited to damages foreseeable at the time this End User Agreement comes into force and that typically arise from transactions of this nature, and (z) shall be excluded with regard to damages caused by a breach of immaterial contractual obligations of FPA. In addition, FPA shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the SmartHQ Application not under FPA’s control, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs not under the control of FPA used for electronic communications and transmission of viruses.

    Unless explicitly stated otherwise in this End User Agreement and save for what is expressly provided by the applicable laws, including consumer protection laws, and in particular save for the cases of gross negligence and willful misconduct, FPA makes no representations, warranties or endorsements of any kind whatsoever, express or implied, as to the App, including, but not limited to, the implied warranties and/or conditions of satisfactory quality, of merchantability, of suitability for a particular purpose, of accuracy, and non-infringement of third party rights and any warranty that the App shall be error free or that defects in App will be corrected. In any case FPA cannot warrant that the App is accessible without interruptions or temporary impairment in their functionality.

    FPA disclaims all liability and warranty for versions of the App which are not intended for use by end users (test, pilot, alpha, beta versions or similar). You agree that you are aware of and accept the risks involved in using such programs, in particular, that malfunctions or data loss may occur. The use of such programs is at your sole risk and any claims relating to warranty and liability shall be excluded.

    FPA's liability to you is limited to the scope of this End User Agreement and the terms and conditions of compatible products specified in this End User Agreement. Unless in case of wilful misconduct or gross negligence or other cases expressly provided for by mandatory law, including consumer protection law, FPA (or any of the other companies belonging to the Haier Group) shall be liable only for direct and foreseeable damages, thus excluding, as a mere example, any indirect, contingent, consequential or incidental damages, however caused or arising (whether actual or anticipated), for any loss of revenue, corruption or loss of data, loss of profit, loss of production, of savings, of investment, of contract, of opportunity, failure to receive or transmit any data or information, arising out of or related to your use or inability to use the App or any Third Party Software, whether arising out of breach of this End User Agreement, other contract, warranty, tort (including ordinary negligence), indemnity or strict liability and whether or not the parties have been advised in advance of the possibility, existence or nature of such damages.

    You are not entitled to claim for damages caused by software defects, insofar as you fail to apply online App Updates and/or Embedded Software Updates provided by FPA and the damage could have been avoided if the App Update and/or Embedded Software Updates had been applied. This also applies to security vulnerabilities, which arise provided that the App Update and/or Embedded Software Updates was not installed by you or the App Update and/or Embedded Software Updates was aborted during installation.

    You are aware that no claims for damages can be made against FPA resulting from your negligent, unauthorized or illegal security mechanisms, especially within your own LAN (Local Area Network) or mobile device, or as a consequence of you using the App contrary to the terms of this End User Agreement, or as a consequence of you using the compatible connected appliance contrary to the terms of the relevant end-user manual. You must also make sure that the App cannot be misused by third parties and must secure access to the App as well as to compatible products accordingly.

    If you lose your device on which the App is accessible (e.g. through loss, theft, etc.) then you are responsible for immediately revoking any access permissions with appropriate mechanisms in order to ensure that unauthorized access to the App is prevented.

    If you know or have reason to believe of any potential damage to FPA in connections with your use of the App you are obligated to inform FPA of any such damage or loss scenarios.

    For the sake of clarity, if you are a consumer, the limitations to FPA liability and the limitations to your rights set forth above are not intended to exclude, limit or suspend any legal rights and warranties granted by the applicable mandatory consumer protection laws.

  16. LIMITATION OF LIABILITY FOR GERMAN CITIZENS. For German citizens, FPA shall be liable for damages arising out of this End User Agreement or the use of the SmartHQ Application within the scope of statutory provisions, irrespective of the legal grounds, only in accordance with the following provisions:
    1. FPA shall be liable without limitation for damages resulting from death or personal injury, as well as for damages caused by the wilful intent or gross negligence of FPA, its legal representatives or vicarious agents, as well as for damages caused by non-compliance with a guarantee given by FPA or by fraudulently concealed defects.
    2. For all other damages due to a breach of essential contractual obligations resulting from simple negligence by FPA, its legal representatives or vicarious agents, the liability of FPA shall be based on the merits of the case. Essential contractual obligations (cardinal obligations) are those whose fulfilment enables the proper implementation of the contract in the first place and on whose fulfilment the contractual partner may ordinarily rely. In such cases, FPA shall be liable for an amount of compensation as would be typical for foreseeable damages in such a contract. Liability is otherwise excluded.
    3. Liability under the German Product Liability Act remains unaffected by the above provisions.

    Claims against FPA for damages due to default resulting from simple negligence are excluded; your statutory rights after the expiry of a reasonable grace period remain unaffected.

    You are required to take appropriate measures to prevent and mitigate damage, in particular to ensure, where technically possible, appropriate security of your data on your devices. Liability for data corruption or data loss is limited to the typical recovery effort that would have been necessary if backup copies had been made regularly and in accordance with the level of risk, and if adequate virus protection had been used.

  17. INDEMNITY. If you are a consumer within the meaning of sec. 13 BGB based in Germany, the following shall not apply and you will be entitled to bring a claim according to applicable laws:

    You agree that you shall be responsible for and shall defend, indemnify, and hold harmless FPA and all Haier Group’s companies, as well as their employees, affiliates, suppliers, agents and contractors for any liability, damages, losses or expenses (including without limitation, reasonable attorney’s fees and costs) incurred in connection with any claims, suits, judgments and causes of action arising out of:

    1. your breach of any provision of this End User Agreement;
    2. actual or alleged infringement of third parties’ intellectual and industrial property rights and/or personal data and/or confidential information arising out of your use of the App or from any End-User Content uploaded by you on the App;
    3. misuse of the App; and
    4. account access or activity by third parties due to your failure to protect log-in credentials.
  18. THIRD-PARTY LINKS. The SmartHQ Application may contain links to third-party services. FPA does not control or endorse, and is not responsible for, any such third-party services.
  19. TERM AND TERMINATION. This End User Agreement shall continue until terminated as set forth in this Paragraph. You may terminate this End User Agreement at any time by decommissioning your FPA Connected Appliance. Your rights under this End User Agreement will terminate if You fail to comply with the following term(s) of this End User Agreement: Articles 1, 2, 3, 4, 12. Where reasonable under the circumstances, FPA will provide You with at least twenty-four (24) hours’ prior notice of termination, provided that if FPA reasonably believes that You have materially breached the above mentioned provisions of this End User Agreement, FPA may immediately terminate Your rights under this End User Agreement, without prejudice to any other rights and remedies available to FPA according to applicable laws. Any termination of this End User Agreement shall also terminate the licenses granted hereunder. Paragraphs 8, 9, 10, 13, 14, 15, 16, 17, 19, 20, 21 and 22 and 23 shall survive termination of this End User Agreement.

    If you are a resident of the European Union or the United Kingdom, You may withdraw, within the term of 14 days from the conclusion of the contract, without indicating a reason for termination and without any penalty, by means of written communication sent to the addresses in paragraph 27. In such case, You acknowledge that: a) early withdrawal from the contract can be exercised, without having to provide any reason; b) the withdrawal deadline will run from the day of completion of the contract; c) the right of withdrawal cannot be exercised in respect of services that have already been performed; d) the consumer can communicate the withdrawal without the need to use any form or formalities.

  20. EXPORT CONTROLS. You shall not export, or allow the export or re-export of any FPA Connected Appliances or the SmartHQ Application in violation of any applicable laws or regulations. By installing or using the SmartHQ Application, You agree to the foregoing and represent and warrant that You are not located in, under the control of, or a national or resident of any country subject to restriction by the United States government or any other applicable law.
  21. DISPUTE RESOLUTION. If You have any concerns, issues or disputes arising out of Your use of the SmartHQ Application, FPA Connected Appliances, or the terms and conditions of this End User Agreement, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, these should be able to be resolved quickly and to everyone’s satisfaction by getting in touch with FPA through the details provided in paragraph 27. EU and UK consumers always have the possibility to bring the action in front of the court of its domicile or place of residence. If we cannot resolve the complaint or issues to Your satisfaction, any dispute arising from or in connection with this End User Agreement shall be decided by court in the place where you are domiciled or resident.
  22. EXTRAJUDICIAL SETTLEMENT OF DISPUTES IN CONSUMER MATTERS. If you are an EU consumer, the following applies: Under current law, FPA is obligated to inform consumers about the existence of the European Online Dispute Resolution Platform, which was set up by the European Commission for dispute resolution. Contact details of the official dispute resolution bodies can be found at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm. In the absence of a legal obligation to participate in dispute settlement proceedings before a consumer dispute resolution body, FPA is not obligated and not willing to participate in such dispute resolution proceedings. Furthermore, due to statutory regulations, FPA hereby specifies FPA’s email address, which reads as follows: customer.care@fisherpaykel.com.
  23. FORCE MAJEURE. Neither party will be responsible for any failure or delay in its performance under this End User Agreement due to causes beyond its reasonable control or that may not be reasonably preventable, including, but not limited to, labour disputes, strikes, lockouts, pandemic, cyberattacks, shortages of or inability to obtain energy, raw materials or supplies, war, terrorism, riot, or acts of God.
  24. WAIVER & SEVERABILITY. Any express waiver or failure to exercise promptly any right under this End User Agreement will not create a continuing waiver or any expectation of non-enforcement. If any provision of this End User Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable.
  25. ACKNOWLEDGEMENT AND EXCLUSIVITY. You acknowledge that you have read this End User Agreement, understand it, and agree to be bound by its terms and conditions. You further agree that this End User Agreement is the complete and exclusive statement of the agreement between you and FPA regarding the subject matter of this End User Agreement, and, in the absence of fraud, that this End User Agreement supersedes all prior or contemporaneous oral or written communications, proposals, representations, and any other communication between you and FPA relating to the subject matter of this End User Agreement. No modification to this End User Agreement will be binding unless in writing and signed by an authorized representative of each party.
  26. TERMS REQUIRED BY APPLE. In addition to paragraphs 1 to 25 above, and notwithstanding anything to the contrary in this End User Agreement, the following provisions in this paragraph 26 apply with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to this End User Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to FPA. The licence you have been granted in this End User Agreement is limited to a non-transferable licence to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set out in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this End User Agreement, will have the right (and will be deemed to have accepted the right) to enforce this End User Agreement against you as a third-party beneficiary of this End User Agreement. Notwithstanding these rights of Apple and Apple’s subsidiaries, FPA’s right to enter into, rescind or terminate any variation, waiver or settlement under this End User Agreement is not subject to the consent of any third party.
  27. HOW TO CONTACT US

    If you have any questions or complaints in relation to the App or this Agreement, you can contact FPA at:

    Contact: Connected Appliances Team
    Website https://www.fisherpaykel.com/contact
    Email: customer.care@fisherpaykel.com
    Address: Fisher & Paykel Appliances Limited
    78 Springs Road
    East Tamaki, Auckland 2013
    New Zealand