1.1 These terms and conditions apply to the use of this app (Philips Home Safety App) and ordering of services, including Subscription Services by the consumers. Versuni Netherland B.V having registered office at [Claude Debussylaan 88, 1082 MD, Amsterdam], the Netherlands is the owner of the app and seller of the Subscription Services through this App (Versuni, we, or us).
1.2 The terms and conditions under which the services including subscription services are offered for sale on this app are set out below. We reserve the right to change these terms and conditions without prior notice. Such change however will have no effect on purchases that were submitted before posting of such revised terms and conditions on this Site.
2.2.1 For Subscription Services we offer you an option to subscribe to repeat purchases in repeated periods of time (“Subscription Services”). Subscription Services require the creation of an account, and the account and the Subscription Services are subject to our Terms of Service.
2.2.2 We ask you to pay for Subscription Services in advance of the term for such Services. Subscription Service will be activated only after receipt of your payment.
2.2.3 Your subscription to Subscription Services will automatically be renewed at the end of the applicable period, unless we have explicitly committed to automatic termination. We will automatically bill you from the date you subscribed to the Subscription Services and on each renewal until your cancellation. With your subscription, you authorize recurring payments to us on either a monthly or annual basis (as applicable). We aim to notify you of changes in the price of any Subscription Service, and of upcoming renewal of any annual subscription, no later than 30 days prior to the end of the annual period.
2.2.4 You can cancel your Subscription Services for any reason, up to one day before the date Versuni provides the services. Subscription services will be delivered until the end of the period for which we received prepaid fees. Prepaid fees for a subscription period will not be partially reimbursed.
2.2.5 We reserve the right to postpone or cancel the Subscription Service in case of non-availability. We also reserve the right to cancel your subscription or suspend delivery of services, should we not receive payment for the Subscription Service or in case you not comply with any obligation under this agreement or under our Terms of Service.
3.1 All prices are in applicable local currency. Prices shall be those prices published on this app at the time when you use or subscribe. The prices published on the site are inclusive of GST but exclusive of recycling levies, shipping and handling costs and duties, which are for your account. These costs will be calculated separately as applicable and specified on the order form and added to the total price of the services. The total price stated on the order form you submit shall be the total amount payable by you for the products, including all taxes, recycling levies, duties, handling and shipping charges.
3.2 Delivery costs, where applicable, are payable by you as indicated on your invoice.
4.1 Specific warranties may apply to certain Services (such as customised Services ) as specified. With respect to software, no warranty shall apply other than as expressly set forth in the applicable license agreement. Except as expressly set out in these terms and conditions, to the fullest extent permitted by law we hereby disclaim any and all warranties, whether express or implied. The limited warranty set out above will not affect or prejudice your statutory rights.
4.2 Digital Content
4.2.1 If your digital content is faulty, you're entitled to a repair or a replacement. If the fault can not be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back. If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.
4.2.2 If you are a consumer, the warranties referred to above are in addition to and do not affect your statutory rights.
5.1 There are no warranties, conditions or other terms that are binding on us regarding the supply of Services except as expressly stated in these terms.
5.2 Nothing in the contract shall limit or exclude our liability (i) for death or personal injury caused by our negligence or (ii) for fraud or (iii) any breach of the obligations implied by applicable compulsory national laws as to title or (iv) any liability which cannot be excluded by law.
5.3 SUBJECT TO CLAUSE 5.2, WE WILL NOT BE LIABLE UNDER THE CONTRACT FOR ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF DATA OR FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND HOWSOEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE.VERSUNI MAXIMUM AGGREGATE LIABILITY UNDER THE CONTTRACT WHETHER IN TOR (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL IN NO CIRCUMSTANCES EXCEED THE AMOUNT PAYABLE BY YOU TO VERSUNI IN RESPECT OF THE PRODUCT(S) AND/OR SERVICES IN QUESTION.
5.4 This does not affect your statutory rights as a consumer.
6.1 You can contact the Online Shop:
i. by telephone on D2C Customer Care:1800 572 1800 *(Toll Free) between Monday to Saturday 09:00 am to 09:00 pm Sunday 09:00 am to 06:00 pm;
ii. by using the e-mail form located here: philipshomeliving.shopsupport.india@versuni.com
7.1 Your transaction records are accessible to you if you are a registered customer by entering your Order Number(s) so that you may check the status of your order(s) and check the order content.
7.2 By placing your order, you agreed and understand that we may store, process and use the data collected from your order form for processing your order. These data will be treated in conformance with our Privacy Notice which is available on our website www.versuni.com. If you wish to have access to information we hold concerning you, or if you want to make any changes, or if you do not want to receive information from us please follow the update procedure set forth in our Privacy Notice.
9.1 We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so under:-
The disputes with respect to Subscription Services shall be construed, interpreted, and governed by the laws and courts of the Netherlands, without regard to conflicts of law provisions thereof.
11.1 Neither our nor your failure to enforce any term of the contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.
11.2 The invalidity or unenforceability of any provision of the contract shall not adversely affect the validity or enforceability of the remaining provisions.
You agree to indemnify and hold harmless Philips, its subsidiaries, affiliates, brand licensees, other partners and suppliers and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys' and professionals' fees and litigation costs) that arise out of the posting, content, or transmission of any message, data, material or any other User Content you submit on the Web Site or any violation of these Terms of Use by you. In the event of any complaint or legal action arising from any message, or any other User Content posted by you, Philips reserves the right to reveal your identity and any other information Philips may have about you.
If you have a dispute with one or more users, you release Philips, its subsidiaries, affiliates, partners and suppliers, and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
The headings of the sections of the Terms of Use are inserted for convenience only and shall not constitute a part hereof or affect in any way the meaning or interpretation of the Terms of Use.
Thank you for joining our Web Site.
Last Update: January, 2014