Conditions of Use
Thank you for your interest in this mobile application from Philips. This mobile application (“App”) is offered to you by Philips Consumer Lifestyle B.V. ("Philips"). We are excited that you have chosen this App, there are just a few rules and restrictions we ask you to keep in mind!
What this App does for you:
- Provides you with helpful information related to pregnancy, child birth and infant care;
- Allows you to upload and track information related to you, your pregnancy and infant;
- Offers you marketing materials for Philips Avent products, as well as information on products and services offered by our third-party partners;
- Allows you to upload, save and share photos as well as create personal content including yearbook and milestone markers for your pregnancy and baby;
We encourage you to read on; by using the App, you accept the terms as mentioned below.
Other things you should know about this App:
License: You may use this App in connection with the purpose as described above on a mobile device owned or controlled by you. This license is non- transferable and is between you and Philips.
Privacy: We collect and process information and personal data when you use the App. Make sure to read our Privacy Notice before using our services.
Third parties: It is possible that when you use this App you will (also) use a service, download a piece of software, or purchase goods that are provided by a third party. Please know that those third parties may have their own applicable rules and restrictions, separate from these conditions of use. Philips is not responsible for these third parties.
Warranties: WITHOUT LIMITING THE FOREGOING, THE APP IS PROVIDED “AS IS'. ANY USE BY YOU OF THE APP IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHILIPS DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY OF NON-INFRINGEMENT. PHILIPS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU UNDERSTAND AND AGREE THAT PHILIPS IS NOT ENGAGED IN THE PRACTICE OF MEDICINE AND THAT THE APP IS AN INFORMATION TOOL ONLY AND IS NOT A SUBSTITUTE FOR PROFESSIONAL JUDGMENT OF HEALTHCARE PROVIDERS IN DIAGNOSING AND TREATING PATIENTS. YOU SHALL INDEMNIFY PHILIPS FULLY AND HOLD PHILIPS HARMLESS AGAINST ANY LOSSES OR LIABILITY IN CONNECTION WITH ANY CLAIM ARISING DUE TO YOUR USE OF THE SOFTWARE FOR PURPOSES OF DIAGNOSIS OR TREATMENT.
Liability: IN NO EVENT WILL PHILIPS, OR ANY OWNERS OR LICENSORS OF, OR AUTHOR OR CONTRIBUTORS TO, THE APP, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; BUSINESS INTERRUPTION; OR PERSONAL INJURY OR DEATH) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. PHILIPS’ AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE APP OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE FEE PAID BY YOU FOR THE APP.
User content: You will have the option to create or upload content on the App (“User Content”). You can decide what you will share on our App and we want you and others to enjoy our App. So please don’t use our App in a way that is commonly considered inappropriate (such as obscene, violating laws and regulations, offensive, discriminatory or that infringe someone else’s rights).
User Content is provided by users, not by Philips. We do not endorse opinions, recommendations, or advice expressed therein. As this is a publicly available App, sharing your content means that it becomes public. Also, when you share your content, we intend to use it for our own purposes as well, including for commercial purposes. If this is not what you would like, it is best to be cautious about what you share.
Jurisdiction: To the extent permitted under applicable law, these conditions of use shall be construed, interpreted and governed by the laws of the Netherlands without regard to conflicts of law provisions thereof.
Your statutory rights under consumer protection laws in your country of residence remain unaffected by this choice of law.
The parties hereby agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to these conditions of use.
Sole point of contact: Please note that the mobile application store where you have purchased this App is not responsible for the App nor its content. Therefore you should contact Philips via email@example.com for any questions, support, product claims and third party intellectual property claims related to this App.
Finally: You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; (ii) you are not listed on any U.S. Government list of prohibited or restricted parties; (iii) you are going to use the App primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content; (iv) the content may vary by geographic location and will change from time to time; and (v) you also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the App; use any robot, VPN, spider, scraper or other automated means to access the App.
This App is intended for adults. If you are under the applicable legal age in your country, you should refrain from using the App.
Also, you irrevocably grant the mobile application store where you have purchased this App the right (who will be deemed to have accepted that right) to enforce these conditions against you as a third party beneficiary thereof.
Have fun and enjoy the App!