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CUSTOMER SERVICE PORTAL TERMS OF USE

Philips Electronics Nederland B.V., Boschdijk 525, 5621JG, Eindhoven, the Netherlands (“Philips") is willing to provide you, subject to these Terms of Use, with limited access to its Customer Service Portal (“Webtool”) solely for the purpose of providing online access to its authorized customers for service-related requests. (“Purpose”).


The following Terms of Use govern your access and use of this Webtool. Also, specific terms and conditions may apply to specific content, data, materials, or information contained on or available through this Webtool (the "Content"). Such specific terms may be in addition to these Terms of Use or, where and then only to the extent expressly specified, may supersede these Terms of Use.

  1. Acceptance of Terms of Use

By accessing or using this Web Site you agree to be legally bound by these Terms of Use and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this Webtool If you do NOT agree to all of these terms, you should NOT access or use this Webtool

You hereby represent and warrant that you have the capacity to enter into binding obligations and you hereby agree to be legally bound by and hereby accept these Terms of Use and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this Webtool.

If you are using the Webtool on behalf of another person or corporate entity, you hereby represent and warrant that you have the authority to bind such person or entity to these Terms of Use.

  1. Modification of Terms

These Terms of Use may be amended by Philips at any time. Such amended Terms of Use shall be effective upon posting. By continuing to access or use the Webtool after such posting, you will be deemed to have accepted such amendments. You are advised to regularly review any applicable terms and conditions.

Philips reserves the right to discontinue or make changes or updates with respect to the Webtool or the Content at any time without notice. Philips reserves the right to restrict, refuse or terminate access of any person to the Webtool or any part thereof effective immediately without notice at any time and for any reason whatsoever at its sole discretion.

  1. Privacy

Personal information provided or collected through or in connection with this Webtool shall only be used in accordance with Philips' Privacy Policy and these Terms of Use are subject to the Privacy Policy as posted in this Webtool.

 

  1. Disclaimers

THE WEBTOOL AND ALL INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, DATA, IMAGES, GRAPHICS, LINKS, AND OTHER MATERIALS) ON THE WEBTOOL, INCLDUING WITHOUT LIMITATION THE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE". PHILIPS AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, BRAND LICENSEES AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM TO THE EXTENT PERMITTED BY LAW ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, INCLUDING WITHOUT LIMITATION THE PURPOSE, NON-INFRINGEMENT OR AS TO THE OPERATION OF THIS WEBTOOL OR THE CONTENT. Neither Philips nor its subsidiaries, affiliates, partners, licensors, brand licensees and suppliers warrants or makes any representations that (i) the Webtool will meet your requirements, (ii) the Webtool will be uninterrupted, timely, secure, or error free, or (iii) the results that may be obtained from the use of the Webtool (including any information and materials on this Webtool) will be correct, complete, accurate, reliable, or otherwise meet your requirements.

Philips and its subsidiaries, affiliates, partners, licensors, brand licensees and suppliers shall have no responsibility or liability for interruptions or omissions of/in internet, network or hosting services and do not warrant that the Webtool or the services which make this Webtool available or electronic communications sent by Philips are free from viruses or any other harmful elements.

Furthermore, Philips and its subsidiaries, affiliates, partners, licensors, brand licensees and suppliers shall not be responsible or liable for support or interruption or any problems due to: (i) the infrastructure, hardware, virtual machines, network(connectors), information, content, software, scripts, data, files, application programming, web servers or service, materials, equipment, (ii) your acts or omissions; (iii) virus or hacker attacks.

Any information or material downloaded or otherwise obtained through the use of this Webtool, including without limitation the Content, is done at your own risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of such information or material.

  1. Registration

Accessing the Webtool and using certain functions or features of the Webtool may require you to create an account. You provide Philips with your unique, valid, current and verifiable email address. Subsequently, Philips will send an invitation letter to your email address with a link to a password setting. When you create an account, you must choose a unique password. Once you have set up a password and have accepted these Terms of Use, you are ready to access and use the Webtool. In the event that delivery of such information fails for any reason, your access or use of areas, functions or features requiring such registration may be refused or terminated. You will promptly update your registration to keep it accurate and current. You are solely responsible for maintaining the confidentiality of your password. You are also solely responsible for restricting access to your computer(s). You are the only person allowed to access the Webtool via your account. You are responsible for all activities occurring in/under your account, user name, and/or password. If you become aware of any suspicious or unauthorized access or conduct concerning your account, user name and/or password, you shall contact Philips immediately by e-mail to privacy@philips.com and promptly furnish full details of such use or access. We may, at our own discretion, bar registration from any specific e-mail service or ISP.

  1. Acceptable Use

 

You shall use the Webtool solely for the Purpose and as contemplated by these Terms of Use. The Portal allows you to enter and track tickets for your Philips service requests. Philips authorizes you to view and download materials on the Webtool only for your private use.

The Webtool is simply another means to request service from Philips. Therefore, if you enter a service request in the Webtool that would have resulted in a chargeable call had you entered with the local [Philips customer service center], it will still be a chargeable service through the Webtool and it will be subject to all of the other applicable terms of your service agreement with Philips.

If you notice any issues with the transmission of the data related to your tickets, we request you to contact your local [Philips customer service center]. If you are not able to access the Webtool at any time, please contact your local Philips customer service center.

You shall keep all Philips Confidential Information, including without limitation the Content, confidential. Furthermore you shall use Philips Confidential Information only in connection with these Terms of Use and you shall protect Philips Confidential Information against disclosure in the same manner and with the same degree of care, but no less than a reasonable degree of care, with which you protect your own Confidential Information. You may only share information about the Webtool to your employees who have a need to know. For the purpose of this section 6 Confidential Information shall mean confidential and proprietary information and materials of a party, patentable or otherwise, marked as confidential or from which the confidential or proprietary nature is reasonably apparent.

The Webtool is not designed to transmit Personally Identifiable Information (PII) and Protected Health Information (PHI). You shall not submit such information with your ticket or any submission. You are reminded of your obligation to maintain the privacy and security of all patient data entrusted to your organization and Philips assumes no responsibility for such data that you submit via the Webtool in violation of these terms.

 

You shall not:

 

  1. Contributor

 By submitting any User Content to the Webtool, you agree that the material will be proper, constructive and relevant and will not contain any item that may be unlawful or otherwise unfit for publication, including but not limited to items that (1) may be defamatory or injurious to another person or entity, (2) may cause harm to any person or property or otherwise defame or harass any person or organization, (3) may violate any legal rights of any person (including right to privacy or publicity), (4) are pornographic, obscene, profane, vulgar, indecent, or threatening, (5) are culturally, ethnically, or otherwise objectionable, or (6) suggest or encourage any illegal activity.

You affirm, represent and warrant that the User Content submitted to the Webtool does not infringe any proprietary right of another, such as but not limited to copyright, trademark or patent, or any confidentiality obligation.

 You hereby grant to Philips, its subsidiaries, affiliates, brand licensees and other partners a worldwide, irrevocable, royalty free, non-exclusive, sublicenseable and transferable license to use, reproduce, prepare derivative works of, distribute, publicly perform, publicly display, transmit and publish User Content provided by you, on this Webtool or any other Philips web site or in other Philips marketing or public relations materials in any and all media.

You shall be solely responsible for your own User Content and the consequences of posting submitting and/or publishing it. Philips may, but is not obligated to, review and monitor, before and/or after submitting User Content. However, you acknowledge that it is impossible for us to monitor or review all User Content. Without limitation, Philips, its subsidiaries, affiliates, partners, licensors, brand licensees and suppliers will not and cannot be held responsible for the accuracy, completeness, quality or validity of User Content posted by third parties on the Webtool.

Philips does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Philips expressly disclaims any and all liability in connection with User Content.

Philips has the sole right and ability to edit and/or remove messages or any other User Content which are objectionable, improper or otherwise in breach of these Terms of Use for any reason at any time without notice or consent and at its sole discretion. Any user who believes that submitted User Content is objectionable or improper is encouraged to contact Philips immediately by e-mail at www.philips.co.uk/siteowner . Upon receipt of such notification, we will make reasonable efforts to take such action as we deem necessary within a reasonable period of time. Since this is a manual process, you are advised that we may not be able to remove or edit particular User Content immediately.

  1. Limitation of Liability

IN NO EVENT SHALL PHILIPS OR ANY OF ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, BRAND LICENSEES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL OR OTHER DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THIS WEBTOOL AND/OR THE CONTENT, EVEN IF PHILIPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT SUCH DAMAGES ARISE AS A RESULT OF GROSS NEGLIGENCE OR WILFUL MISCONDUCT ON THE PART OF PHILIPS.

The aggregate and cumulative liability of Philips or any of its subsidiaries, affiliates, partners, licensors, brand licensees or suppliers under this agreement shall not exceed the amount of EUR 100 (“one hundred euro’s”). If you live in a country or state that does not allow any of the foregoing exclusions or limitations of liability or any of the disclaimers of warranties in section 4 above, such exclusions or limitations will not apply to you but only to the extent such exclusions or limitations are not allowed. In such case, such exclusions or limitations shall be limited to the greatest extent permitted by applicable law.

  1. Third Party Content/Software

Philips is in no way responsible for the content of any site owned by a third party that may be linked to the Webtool via hyperlink, whether or not such hyperlink is provided by the Webtool or by a third party in accordance with the Terms of Use. Any link on our Webtool to another site is not an endorsement of such other site and no judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any site to which the Webtool may link, and we take no responsibility therefor.

Any software made available for downloading from or through this Webtool is licensed subject to the terms of any applicable license agreement. Except as set forth in the applicable license agreement, the software is made available for use by end users only and any further copying, reproduction or redistribution of the software is expressly prohibited. WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT. PHILIPS HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE.

  1. Ownership and Intellectual Property Rights

Philips and its affiliates own all rights, title and interest in and to the Webtool, the software to operate and publish the Webtool, the compilation of data on the Webtool, and the order, sequence and arrangement of this Webtool, the Content and other Philips’ Confidential Information and all modifications and derivative works of each of the foregoing, and all Intellectual Property Rights therein. All rights in the Content not expressly granted herein are reserved.

You shall not remove or alter any copyright notices, proprietary information notices, trademarks or other legends or marking contained in the Webtool, Content and other Philips’ Confidential Information. 

You shall not use Philips’ name or logo or any adaptation thereof, for any purpose without Philips’ prior written approval, which may be granted or withheld at Philips sole discretion.

You will not publish anything in connection with the Webtool, unless you have obtained Philips’ prior written approval therefor.

Philips and its affiliates shall own all right, title and interest in and to any results of any feedback provided by you to Philips relating to the Webtool, the Content, and any other Philips Confidential Information in any manner they see fit. You hereby assign all right, title and interest in and to feedback to Philips and waive in favour of Philips, its successors and assigns any and all moral rights that you have or may have in feedback and agree to provide Philips such assistance as it may require to document, perfect and maintain Philips’ rights to the feedback.

  1. Export Control

You represent and warrant that (i) you are not located in a country that is subject to a UN, EU or U.S. Government embargo, or that has been designated by any governmental authority as a “terrorist supporting” country; and (ii) you are not listed on any UN, EU or U.S. Government list of prohibited or restricted parties.

You agree that you will not directly or indirectly, export or re-export the Webtool or any Content to any country for which any UN, EU or U.S. export control laws and regulations requires an export license or other approval, unless the appropriate export license or approval has first been obtained.

  1. Indemnification and Release

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 any violation of these Terms of Use by you.

  1. Shut-Down of Webtool

We have the sole right to shut down the Webtool or any part thereof for any reason at any time without notice or consent. We will have no responsibility or liability for failure to store or delete any Content.

  1. Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of The Netherlands, without regard to the conflict of law principles. You agree to the exclusive jurisdiction of the relevant court in Amsterdam, The Netherlands for any disputes, claim or cause of action arising out of, or relating to or in connection with these Terms of Use or your use of this Webtool, including any disputes relating to the existence or validity of these Terms of Use, provided that you agree to submit any such disputes, claims or causes of action exclusively to the courts of The Netherlands.

  1. Severability

If any provision of these Terms of Use is held to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.

  1. No Waiver

No failure on the part of Philips to enforce any part of these Terms of Use shall constitute a waiver of any of Philips' rights under these Terms of Use, whether for past or future actions on the part of any person. Neither the receipt of any funds by Philips nor the reliance of any person on Philips' actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of Philips shall have any legal effect whatsoever.

  1. Entire Agreement

These Terms of Use, together with any Service Agreement you have with Philips, constitutes the entire agreement between Philips and you with regard to the subject matter hereof and supersedes all prior oral or written representations, agreements or understanding between Philips and you regarding the Webtool and Content.

  1. Non-Assignment

You may not assign any of your rights or obligations under these Terms of Use.

  1. Headings

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.