Muller EV t/a Andersen EV provides :
the Andersen EV website located at www.andersen-ev.com, and all associated sites linked to www.andersen-ev.com, including the Konnect user account website that may be accessed at konnect.andersen-ev.com (each a “Site”)
Services accessible through the Sites (“Web Apps”)
Software that may be downloaded to your smartphone or tablet to access services (“Mobile Apps”), and
Subscription services, including services that can be accessed using the Web Apps and Mobile Apps (“Subscription Services”), all for use in conjunction with Andersen EV hardware products (“Products”) and in other ways that Andersen EV provides. Some Andersen EV Products and Services can be used together or in ways that integrate with products and services from third parties. The term “Services” means the Sites, Web Apps, Mobile Apps, and Subscription Services.
These Terms of Service (“Terms” or “Agreement”) govern your access to, and use of, the Services and Products. Please read these Terms carefully. Please follow the instructions in the Dispute Resolution and Arbitration Section below if you wish to opt out of this provision. The term “you”, as used in these Terms, means any person or entity who accesses or uses the Services or Products and any person or entity who creates an Account (as defined in Section 2(a) and accepts these Terms, including Owners, Authorised Users (as defined in Section 2(b), and the parents or guardians of Authorised Users, as applicable (as described in Section 1((b)(ii)).
These terms are a legal agreement. by accepting these terms through a site, web app or mobile app, or by accessing and using the services (including the sites) or products, you are accepting and agreeing to these terms on behalf of yourself or the entity that you represent in connection with the access and use.
You represent and warrant that you have the right, authority and capacity (subject to section 1(b)(ii) below) to accept and agree to these terms on behalf of yourself or the entity that you represent. you represent that you are, subject to section 1(b)(ii) below, of sufficient legal age in your jurisdiction or residence to use or access the services and products and to enter into this agreement.
if you do not agree with any of the provisions of these terms, you should disconnect your products from your account (as described below) and cease accessing or using the services and products.
As described below, you are consenting to automatic software update of the services and of the products connected to the services. if you do not agree, you should not use the services and products.
As described below, sections 4 and 5 describe important limitations of the services and products, especially in connection with life safety and critical uses. please read these disclosures carefully, as you are acknowledging them and accepting them.
1. OVERVIEW, ELIGIBILITY, CUSTOMER SERVICE, TERM AND TERMINATION
(a) Overview and Relation to Other Agreements. These Terms govern your use of the Services and Products. Your purchase of any Product is governed by the limited warranty provided with that Product (“Limited Warranty”) and may further be governed by the Terms & Conditions of Sale. The software embedded in the Product (and any updates thereto) (“Product Software”) is licensed and governed by the End User License Agreement.
(i) You may use the Services and Products only if you have the legal capacity to form a binding contract with Andersen EV (except subject to the provisions of clause (1)(b)(ii) below), you accept these Terms through a Site, Web App or Mobile App, or by accessing or using the Services or Products, and only if you are in compliance with these Terms and all applicable local, state/provincial, national and international laws, rules and regulations. Only individuals aged 18 and older are permitted to act as Owners of Andersen EV Accounts.
(ii) If you are an Authorised User, you represent and warrant that you are over the age of 13 (or equivalent minimum age in the jurisdiction where you reside), and in the event you are between the age of 13 (or equivalent minimum age in the jurisdiction where you reside) and the age of majority in the jurisdiction where you reside, that you will only use the Services and Products under the supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf. Any use or access to the Services and Products by individuals under the age of 13 (or the equivalent minimum age in the jurisdiction where you reside) is strictly prohibited and is a violation of these Terms. The Services and Products are not available to any users previously prohibited from using the Services and Products by Andersen EV.
(c) Customer Service. If you have any questions or concerns regarding the Products, the Services or these Terms, please contact Andersen EV.
(d) Term and Termination. These Terms will remain in full force and effect as long as you continue to access or use the Services or Products, or until terminated in accordance with the provisions of these Terms. At any time, Andersen EV may (i) suspend or terminate your rights to access or use the Services, or (ii) terminate these Terms with respect to you if Andersen EV, in good faith, believes that you have used the Services or Products in violation of these Terms, including any incorporated guidelines, terms or rules. If you transfer a Product to a new owner, your right to use the Services with respect to that Product automatically terminates and the new owner will have no right to use the Product or Services under your Account (as described below) and will need to register for a separate Account with Andersen EV and accept these Terms.
(e) Effect of Termination. Upon termination of these Terms, your Account and your right to use the Services will automatically terminate.
(a) Your Account. To use certain Services and Products, you must register for a user account (“Account”) and provide certain information about yourself, as prompted by the applicable registration form. You represent and warrant that: (a) all required registration information that you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services and Products will not violate any US or other applicable law or regulation (e.g., you are not located in an embargoed country or are not listed as a prohibited or restricted party under applicable export control laws and regulations). You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You agree to use “strong” passwords with your Account and to maintain your password securely to prevent others from gaining access. You agree to immediately notify Andersen EV of any unauthorised use or suspected unauthorised use of your Account, or any other breach of security. Andersen EV is not liable for any loss or damage arising from your failure to comply with the above requirements.
(b) The individual who creates an Account is the “Owner” of that Account and is the Owner of the Products associated with that Account. Individuals who are authorised to access an Owner’s Products and Services are “Authorised Users”. Authorised Users may have the ability to use the Services and monitor and control the Products (for example, an Authorised User can lock/unlock a charge point or monitor usage). Authorised Users may also have the ability to view information (including personal information) and content across all of an Owner’s Products, Services and Works with Andersen EV connections (for example, an Authorised User will receive mobile alerts or can view usage history). Authorised Users are responsible for their own actions in connection with the Products and Services, but the Owner also hereby agrees to be fully responsible for all actions taken by Authorised Users relating to the Owner’s Products, Services and Account. If you are an Owner who invites or enables an Authorised User, you acknowledge and agree that said Authorised User may subsequently invite or enable other Authorised Users with the same access and ability to use your Products and Services set out above. As a result, if you are an Owner, you should only authorise those individuals whom you trust to access your Account, Products and Services.
3. ACCESS TO SERVICES
(a) Access and Use. Subject to these Terms, Andersen EV grants you a non-transferable, non-exclusive right (without the right to sublicense) to access and use the Services by
using the Web Apps in connection with, and solely for the purpose of, controlling and monitoring the Products you own or are authorised to control and monitor or otherwise accessing a service explicitly provided by Andersen EV for your use (the “Permitted Purpose”),
installing and using the Mobile Apps solely on your own handheld mobile device (e.g., iPhone, iPad or Android smartphone) and solely for the Permitted Purpose, and
accessing the Sites solely for the Permitted Purpose.
(b) Automatic Software Updates. Andersen EV may, from time to time, develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Services and/or the Product Software (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to terminate your Account and stop using the Services and the Products. If you do not terminate a previously created Account, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Services and the Products and you agree to install any Updates that Andersen EV provides promptly. Your continued use of the Services and the Products is your agreement –
(i) to these Terms with respect to the Services and Products, and
(ii) to the End User License Agreement with respect to updated Product Software; and
(iii) any change or updates that Andersen EV may make to these Terms or the End User License Agreement over time.
(d) Certain materials may be displayed or performed on the Services (including, but not limited to, text, graphics, articles, photographs, video, images and illustrations (“Content”)). The Content also includes information that you and other users provide us with in the course of using the Services (collectively, “User Submissions”), which we may use to provide, maintain and improve the Services. You may also post feedback, comments, questions or other information on the Sites. You are solely responsible for all Content that you upload, post, email, transmit or otherwise disseminate using, or in connection with, the Services, or that you contribute in any manner to the Services; you represent and warrant that you have all rights necessary to do so, in the manner in which you contribute it; and you license to Andersen EV all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms. You shall abide by all copyright notices, trademark rules, information and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third-party submissions or other proprietary rights not owned by you:
(i) without the express prior written consent of the respective owners, and
(ii) in any way that violates any third-party right. Andersen EV reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have breached the immediately preceding sentence), or for no reason at all.
(e) Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions:
(i) you agree not to license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Services or Products;
(ii) you agree not to modify, make derivative works of, disassemble, reverse-compile or reverse-engineer any part of the Services or Products;
you agree not to access the Services or Products in order to build a similar or competitive service or product;
(iv) except as expressly stated herein, no part of the Services or Products may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (v) you agree not to upload, transmit or distribute any computer viruses, worms or any software intended to damage or alter a computer or communications network, computer, handheld mobile device, data, the Services, the Products, the Product Software or any other system, device or property;
(vi) you agree not to interfere with, disrupt or attempt to gain unauthorised access to the servers or networks connected to the Services or violate the regulations, policies or procedures of such networks;
(vii) you agree not to access (or attempt to access) any of the Services by means other than through the interface that is provided by Andersen EV; and
(viii) you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) that may be contained in, or displayed in connection with, the Services or Products. Any future release, update or other addition to functionality of the Services shall be subject to these Terms.
(f) Open Source. Certain items of independent, third-party code may be included in the Web Apps and/or Mobile Apps that are subject to the GNU General Public License (“GPL”) or other open-source licences (“Open-Source Software”). The Open-Source Software is licensed under the terms of the licence that accompanies such Open-Source Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end-user licence for such Open-Source Software. In particular, nothing in these Terms restricts your right to copy, modify and distribute such Open-Source Software that is subject to the terms of the GPL.
(h) Security. Andersen EV cares about the integrity and security of your personal information. We endeavor to implement appropriate security measures. However, Andersen EV cannot guarantee that unauthorised third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
(i) Modification. Andersen EV reserves the right, at any time, to modify, suspend or discontinue the Services or any part thereof with or without notice. You agree that Andersen EV will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services or any part thereof.
(j) Access Outside Certain Countries. Although the Sites are accessible worldwide, the Products and Services provided or accessed through or on the Sites are not available to all persons or in all countries. If you choose to access the Sites from outside a country in which Andersen EV supports the Product and Services listed here (“Target Country”), you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. You understand and accept that the Sites are not designed for use in a non-Target Country and that some, or all, of the features of the Sites may not work or be appropriate for use in such a country. To the extent permissible by law, Andersen EV accepts no responsibility or liability for any damage or loss caused by your access or use of the Sites or Andersen EV Products in a non-Target Country. You will be bound by these Terms wherever you access or use the Sites or the Services.
4. AGREED USAGE AND LIMITATIONS OF ANDERSEN EV SERVICES AND PRODUCTS
(a) Intended Use of Andersen EV Services. The Services are intended to be accessed and used for non-time-critical information and control of Andersen EV Products. While we aim for the Services to be highly reliable and available, they are not intended to be reliable or available 100% of the time. The Services are subject to sporadic interruptions and failures for a variety of reasons beyond Andersen EV’s control, including Wi-Fi intermittency, service provider uptime, mobile notifications, and operators, among others. You acknowledge these limitations and agree that Andersen EV is not responsible for any damages allegedly caused by the failure or delay of the Services.
(a) Reliability of Services. You acknowledge that the Services, including remote access and mobile notifications, are not error-free or 100% reliable and 100% available. Proper functioning of the Services relies and is dependent on, among other things, the transmission of data through your wi-fi network, enabled wireless device (such as a phone or tablet) and broadband internet access, or optional mobile phone Backup service, for which neither Andersen EV nor any wireless or data carrier is responsible, and may be interrupted, delayed, refused, or otherwise limited for a variety of reasons, including insufficient coverage, power outages, termination of service and access, environmental conditions, interference, non-payment of applicable fees and charges, unavailability of radio frequency channels, system capacity, upgrades, repairs or relocations, and priority access by emergency responders in the event of a disaster or emergency (collectively, “Service Interruptions”). You understand that Service Interruptions may result in the Services being unreliable or unavailable for the duration of the Service Interruption.
(b) Service Interruptions; no refund or rebate. The Services may be suspended temporarily, without notice, for security reasons, systems failure, maintenance and repair, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions. Andersen EV does not offer any specific uptime guarantee for the Services.
(c) System Requirements. The Services will not be accessible without:
(d) a working Wi-Fi network in your home that is positioned to communicate reliably with the Products;
(ii) an Account;
(iii) an enabled and supported wireless device, such as a phone or tablet (required for some features and functionalities of the Service);
(iv) always-on broadband Internet access in your home with bandwidth sufficient to support the Products you use; and
(v) other system elements that may be specified by Andersen EV.
It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured. You acknowledge that the Services may not work as described when the requirements and compatibility have not been met. If you modify, substitute, move, or otherwise change any of the required system elements, it is your sole duty and responsibility to be sure they are compatible and properly configured to work with the Products and Services. In addition, you acknowledge that Andersen EV may activate Bluetooth on your smartphone or tablet, with or without prior notification, in order to facilitate proper operation of the Services, enable communication with Andersen EV Products connected to the same Andersen EV account and enable certain features.
(e) Energy Savings and Other Benefits. Unless explicitly promising a “guarantee”, Andersen EV does not guarantee or promise any specific level of energy savings or other monetary benefit from the use of the Products or Services or any feature thereof. Actual energy savings and monetary benefits vary depending on factors beyond Andersen EV’s control or knowledge. From time to time, Andersen EV may use the Services to provide you with information that is unique to you and your energy usage and suggest an opportunity to save money on energy bills if you adopt suggestions or features of the Product or Services. We do this to highlight an opportunity based on our analysis and information about you and your household. You acknowledge that these promotions are not a guarantee of actual savings and you agree not to seek monetary or other remedies from Andersen EV if your savings differ.
(f) The Services provide you with information (“Product Information”) regarding the Products in your home and their connection with other products and services. All Product Information is provided “as is” and “as available”. We cannot guarantee that it is correct or up to date. In cases where it is critical, accessing Product Information through the Services is not a substitute for direct access of the information in the home.
(g) All information publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom (or from whose account) such Content originated and Andersen EV will not be liable for any errors or omissions in any Content. Andersen EV cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. In addition, we cannot guarantee the authenticity of any data that users or merchants may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services.
(h) You warrant, represent and agree that you will not contribute use the Services or Products in a manner that
(i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy or other rights of any third party;
(ii) violates any law, statute, ordinance or regulation or is otherwise illegal;
(iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous or otherwise objectionable;
(iv) impersonates any person or entity, including, without limitation, any employee or representative of Andersen EV;
(v) contains a virus, Trojan Horse, worm, time bomb or other harmful computer code, file or programme;
(vi) jeopardises the security of your Andersen EV Account or anyone else’s Account (such as allowing someone else to log into the Services as you);
(vii) attempts, in any manner, to obtain or access the password, account, products, devices, systems, or other security information from any other user or third party;
violates the security of any computer network or cracks any passwords or security encryption codes;
(ix) runs Maillist, Listserv or any form of auto-responder or “spam” on the Services or any processes that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
(x) copies or stores any significant portion of the Content;
(xi) decompiles, reverse-engineers or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services;
(xii) denigrates or disrupts any network capacity or functionality; or
(xiii) engages in remote monitoring to provide professional medical care for any individual, including without limitation, in any health care and assisted living environment.
(j) Installation, test and use. If Andersen EV is not installing your Products, it is your responsibility to install and use the Products and Services pursuant to the applicable manual and instructions. It is your responsibility to test the Products once installed to be sure the Products are functioning and communicating as intended and designed, and then regularly test and maintain the Products after installation.
(k) Smart device standards/Use only Andersen EV Certified Third-Party Products or Services. The Products may use various open or commonly available standards or means to communicate and work with smart or connected devices that are also similarly used by other systems or services not manufactured by Andersen EV, including Wi-Fi, Bluetooth, and IP devices. however, smart, connected or other devices and related services (“third-party products and services”) that are not designated by Andersen EV as compatible with the products and service may not work with the products and services, or may have limited features or functionality, even if designed, specified or marketed to operate using the same or similar standards or means of communication. you agree only to use third-party products and services designated by Andersen EV as compatible with the products and services. further, you agree that Andersen EV is not responsible for, and you hereby release and hold Andersen EV harmless from and against, all liability and damages, injuries or loss of life arising from. related to, or caused by, any attempt by you to connect, or your connection and use of, third-party products or services that are not certified by Andersen EV as compatible with the products and services.
5. LIMITATIONS OF ANDERSEN EV SERVICES DUE TO THIRD PARTIES
(a) General. Andersen EV Services rely on or inter-operate with third-party products and services. These third-party products and services are beyond Andersen EV’s control, but their operation may impact on, or be impacted by, the use and reliability of the Andersen EV Services. You acknowledge and agree that: (i) the use and availability of the Services is dependent on third-party product vendors and service providers, (ii) these third-party products and services may not operate in a reliable manner 100% of the time and they may impact on the way that the Andersen EV Services operate, and (iii) Andersen EV is not responsible for damages and losses due to the operation of these third-party products and services.
(b) Third-Party Service Providers Used By Andersen EV. You acknowledge that Andersen EV uses third-party service providers to enable some aspects of the Services.
(c) Equipment, ISP and Operator. You acknowledge that the availability of the Services is dependent on
(i) your computer, mobile device, home wiring, home Wi-Fi network, Bluetooth connection and other related equipment (“Equipment”),
(ii) your Internet service provider (“ISP”) and
(d) App Stores. You acknowledge and agree that the availability of the Mobile Apps is dependent on the third-party websites from which you download the Mobile Apps, e.g., the Google Play Store from Google or the App Store from Apple (each an “App Store”). You acknowledge that these Terms are between you and Andersen EV and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Mobile Apps from it. You agree to comply with such App Store terms and conditions, and your licence to use the Mobile Apps is conditioned upon your compliance with such App Store terms and conditions. To the extent that such other terms and conditions from such App Store are less restrictive than or otherwise conflict with the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.
(e) Third-Party Website Links and Referrals. The Sites may contain links to other websites operated by third parties (“Third-Party Sites”) and referrals to third-party vendors (“Referred Vendors”). Such Third-Party Sites and Referred Vendors are not under our control. Andersen EV provides these links and referrals only as a convenience and does not review, approve, monitor, endorse, warrant or make any representations with respect to such Third-Party Sites or Referred Vendors. Your use of these Third-Party Sites is at your own risk.
(f) Authorised Users. Andersen EV is not responsible for any Authorised User’s behaviour, or for any personal injury, death, property damage (including, without limitation, to your home), or other harm or losses arising from or relating to their use of the Services.
6. OWNERSHIP AND INTELLECTUAL PROPERTY
(a) Andersen EV Property. You acknowledge that all intellectual property rights, including, without limitation, copyrights, patents, trademarks and trade secrets, in the Product, Product Software and Services (i.e., the Sites, Web Apps and Mobile Apps) are owned by Andersen EV or its affiliates or our licensors. Your possession, access to and use of the Product, Product Software and Services do not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Andersen EV, and its affiliates and licensors and suppliers, reserve all rights not granted in these Terms. The Services are licensed to you, not sold, under these Terms.
You may only copy parts of the Services (including this Site) onto your own computer for your own personal use. You may not use the content of the Services in any other public or commercial way, nor may you copy or incorporate any of the content of the Services into any other work, including your own website, without the written consent of Andersen EV. You must have a licence from us before you can post or redistribute any portion of the Services. Other than with respect to User Submissions, Andersen EV retains full and complete title to all content on the Services, including any downloadable software and all data that accompanies it. You must not copy, modify or in any way reproduce or damage the structure or presentation of the Services, or any content therein.
(b) Feedback. You may choose to or Andersen EV may invite you to submit comments, suggestions or ideas about the Products or Services, including how to improve the Products or Services (“Ideas”). By submitting any Ideas, you agree that your submissions are voluntary, gratuitous, unsolicited and without restriction, and will not place Andersen EV under any fiduciary or other obligation. Andersen EV may use, copy, modify, publish or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that Andersen EV does not waive any rights to use similar or related ideas previously known to Andersen EV, developed by its employees or obtained from other sources.
(c) User Submissions. You hereby grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable and transferable right to access, display or otherwise use your User Submissions (including all related intellectual property rights) solely in connection with providing you with the Services and as directed by you. You also hereby do and shall grant to each user of the Services a non-exclusive licence to access and use your User Submissions through the Services and as permitted through the functionality of the Services and under these Terms. Furthermore, you understand that we retain the right to reformat, modify, create derivative works of, excerpt and translate any User Submissions submitted by you. For clarity, the foregoing licence grant to Andersen EV does not affect your ownership of or right to grant additional licences to the material in your User Submissions, unless otherwise agreed in writing.
7. INDEMNITY FOR THIRD-PARTY ACTIONS
To the fullest extent permitted by applicable law, you agree to indemnify, defend, release and hold Andersen EV and its licensors and suppliers (collectively, the “Andersen EV parties”) harmless from and against
(i) all claims, actions, lawsuits and any other legal action brought by any third party against any of the Andersen EV parties arising from or relating to
(a) your use and each authorised user’s use of the products or services;
(b) your or your authorised users’ violation of these terms;
(c) any user submissions or feedback you provide; or
(d) your or your authorised users’ violation of any law or the rights of any third-party (collectively, ”third party actions”); and
(ii) any and all related losses, damages, settlements and judgements (including payment of the Andersen EV parties’ attorneys’ fees and costs) incurred by any of the Andersen EV parties, assessed or found against any of the Andersen EV parties, or made by any of the Andersen EV parties, relating to or arising from any such third party action (“third party related losses”). you understand and agree that your indemnification obligation to the Andersen EV parties applies even if such third-party action and third party related losses arise from the negligence of any kind or degree, breach of contract or warranty, strict liability, non-compliance with applicable law, or other fault or wrongdoing of any of the Andersen EV parties. however, nothing contained herein shall be construed to require any indemnification which would render or make this clause, in whole or in part, void and/or unenforceable under applicable law. further, your indemnification obligation shall not apply to any wilful, wanton, intentional or reckless misconduct of the Andersen EV parties, or gross negligence of the Andersen EV parties in those states that do not permit indemnification for gross negligence. “third party” is defined herein to include, among others, an authorised user, an unauthorised user, a spouse, partner, family member, guest, neighbour, tenant, employee or insurance company. Andersen EV reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify Andersen EV, and you agree to cooperate with our defence of such claims. You agree not to settle any such claim without Andersen EV’s prior written consent. Andersen EV will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
8. WARRANTY DISCLAIMERS
(a) the warranties for the product and product software are set forth in the limited warranty and the end user license agreement, respectively.
(b) the services are provided for your convenience, “as is” and “as available”, and Andersen EV, and our licensors and suppliers, expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, accuracy and non-infringement.
(c) Andersen EV, and our licensors and suppliers, make no warranty that defects will be corrected or that the services:
(i) will meet your requirements;
(ii) will be compatible with your home network, computer or mobile device;
(iii) will be available on an uninterrupted, timely, secure or error-free basis; or
(iv) will be accurate or reliable. no advice or information, whether oral or written, obtained by you from Andersen EV or though the services, shall create any warranty.
(d) Andersen EV does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through, or in connection with, the products or services (including, but not limited to, third-party products and services connected through the works with Andersen EV platform), or any hyperlinked website or service, and Andersen EV will not be a party to, or in any way monitor, any transaction between you and third-party providers of such products or services.
(e) Andersen EV makes no representations concerning any content contained in or accessed through the services, and Andersen EV will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the services. Andersen EV makes no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the services.
(f) the services may provide you information regarding your products (“product information”) or other peripherals connected to your products (“product peripherals”). the type of product peripherals that may be connected to your product may change from time to time. without limiting the generality of the disclaimers above, all product information is provided for your convenience ,“as is” and “as available”. Andersen EV does not represent, warrant, or guarantee that product information will be available, accurate, or reliable.
9. LIMITATION OF LIABILITY
Nothing in these Terms and, in particular, within this “Limitation of Liability” clause, shall be interpreted or construed to limit or exclude liability that cannot be so limited or excluded under applicable law.
to the maximum extent permitted by applicable law, in addition to the warranty and other disclaimers in these terms, in no event will
(a) Andersen EV be liable for any indirect, consequential, exemplary, special or incidental damages, including, without limitation, any damages for lost data or lost profits arising from or relating to the services or the products, even if Andersen EV knew, or should have known, of the possibility of such damages, and
(b) Andersen EV’s total cumulative liability for any direct damages, property damage, personal injury, loss of life or any other damages not excluded or precluded pursuant to (a) above, arising from or related to the services or the products, whether in contract or tort or otherwise, shall be limited to an amount never to exceed two (2) times the fees actually paid by you to Andersen EV or Andersen EV’s authorised reseller for the services or the product at issue in the prior 12 months (if any). Andersen EV disclaims all liability of any kind of Andersen EV’s licensors and suppliers. under no circumstances will Andersen EV be liable in any way for any content, including, but not limited to, any errors or omissions in any content or any loss or damage of any kind incurred in connection with use of, or exposure to, any content posted, emailed, accessed, transmitted or otherwise made available via the services.
You understand and agree that this limitation of liability in this section 11 shall apply even if Andersen EV is found liable for any loss or damage due to breach of contract, breach of express or implied or limited warranty, negligence of any kind or degree, strict product liability, subrogation, indemnification or contribution, or any other theory of liability. however, this limitation of liability shall not apply to any wilful, wanton, intentional or reckless misconduct of Andersen EV or gross negligence of Andersen EV in those states that do not permit limitation of liability for gross negligence.
10. FEES AND PAYMENT
Certain Services may be provided for a fee. You shall pay all applicable fees in connection with the Services selected by you in accordance with the Terms of Sale.
(a) Changes to These Terms. Andersen EV reserves the right to make changes to these Terms. Andersen EV will post notice of changes to any one or more of the following: this page, a Site, Web Apps, or Mobile Apps. You should ensure that you have read and agree with the most recent Terms when you use the Services and Products. Continued use of the Services and Products following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the revised Terms. IF YOU DO NOT AGREE WITH ANY OF THE CHANGES TO ANY OF THE TERMS, YOU SHOULD DISCONNECT YOUR PRODUCTS FROM YOUR ACCOUNT AND CEASE ACCESSING OR USING THE SERVICES AND PRODUCTS.
(b) Governing Law. These terms shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
(c) Protection of Confidentiality and Intellectual Property Rights. Notwithstanding the foregoing, Andersen EV may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
(d) Entire Agreement/Severability. These Terms constitute the entire agreement between you and Andersen EV regarding the use of the Services and purchase of the Products. Any failure by Andersen EV to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party.
(e) Survivability. The obligations in Sections 3(d) and (e), 4, 6, 7, 8, 9, 10, 11, 13 and 15 will survive any expiration or termination of these Terms.
(f) Assignment. These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without Andersen EV’s prior written consent. These Terms may be assigned by Andersen EV without restriction. These Terms are binding upon any permitted assignee.
(g) Notifications. Andersen EV may provide notifications to you as required by law, or for marketing or other purposes, via (at its option) email to the primary email associated with your Account, mobile notifications, hard copy or posting of such notice on www.Andersen EV.com. Andersen EV is not responsible for any automatic filtering that you or your network provider may apply to email notifications. Andersen EV recommends adding @andersen-ev.com email addresses to your email address book to help ensure that you receive email notifications from Andersen EV.
(h) Disclosures. Andersen EV is a trading name of Muller EV Limited a company registered in England and Wales under company number 10025400, our registered office is at Aldgate Tower, London, United Kingdom, E1 8FA.
(i) Copyright/Trademark Information. Copyright © 2016-2019, Andersen EV t/a Muller EV limited. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Services are the property of Andersen EV t/a Muller EV limited or of their respective holders. You are not permitted to use any of the Marks without the applicable prior written consent of Andersen EV or such respective holders. Andersen EV reserves the right to alter product and services offerings, specifications and pricing at any time, without notice, and is not responsible for typographical or graphical errors that may appear in this or in related documents.