App Terms and Conditions

1. INTRODUCTION: Welcome to our application (the WakeUpLight).  This App is offered to you by Philips Consumer Lifestyle BV,  High Tech Campus 5, 5656 AE Eindhoven, The Netherlands ("Philips", “We” or “Us“).

By downloading or otherwise accessing the App you agree to be bound by the following terms and conditions (“Terms“) and our Privacy policy. If you have any questions about the App or these Terms, you can contact Us by any of the means set out in paragraph 11 of these Terms. If you do not agree with these Terms, you should stop using the App immediately.

2. GENERAL RULES: The App is made available for your own, personal use. The App must not be used for any commercial purpose whatsoever or for any illegal or unauthorized purpose. When you use the App you must comply with all applicable laws and regulations and with any applicable international laws, including the local laws in your country of residence (together referred to as “Applicable Laws“).

You agree that when using the App you will comply with all Applicable Laws and these Terms. In particular, but without limitation, you agree not to:

(a) Use the App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or

(b) Attempt to gain unauthorised access to the App or any networks, servers or computer systems connected to the App; or

(c) Modify, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App, save to the extent expressly permitted by these Terms or by law.

You agree to indemnify Philips and its group companies in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the App otherwise than in accordance with these Terms or Applicable Laws.

3. CONTENT: The copyright in all material contained on, in, or available through the App including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Material“) is owned by or licensed to Philips or its group companies. All rights are reserved. You can view, print or download extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without Philips’ express permission.

The trademarks, service marks, and logos (“Trade Marks“) contained on or in the App are owned by Philips or its group companies or third party partners of Philips. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of Philips or the relevant group company or the relevant third party partner of Philips.

4. LINK TO THIRD PARTIES: The App may contain links to websites operated by third parties (“Third Party Websites“). Philips may use some of these links through the use of third party affiliate programs. Notwithstanding such affiliate programs, Philips does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.

5. PRIVACY POLICY: We take your privacy very seriously. Philips will only use data in accordance with the terms of our Privacy policy. By using the App you acknowledge and agree that you have read and accept the terms of our Privacy policy and these Terms.

6. LIMITATION OF LIABILITY: IN NO EVENT SHALL PHILIPS OR ANY OF ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, 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 APP, THE CONTENT, EVEN IF PHILIPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT SUCH DAMAGES ARISE DIRECTLY AND SOLELY FROM WILLFUL MISCONDUCT OR GROSS NEGLIGENCE ON THE PART OF PHILIPS.

IF PHILIPS IS LIABLE TO YOU DIRECTLY OR INDIRECTLY IN RELATION TO THE APP, THAT LIABILITY (HOWSOEVER ARISING) SHALL BE LIMITED TO THE SUMS PAID BY YOU UPON PURCHASING THE APP, OR ANY IN-APP SPEND, INCLUDING SUBSCRIPTIONS.

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 the two paragraph 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 extent required by applicable law.

No failure on the part of Philips to enforce any part of these Terms shall constitute a waiver of any of Philips' rights under these Terms, 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. Only a specific, written waiver signed by an authorized representative of Philips shall have any legal effect whatsoever..

7. SERVICE SUSPENSION: Philips reserves the right to suspend or cease providing any services relating to the apps published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.

8. ADVERTISERS IN THE APP: We accept no responsibility for adverts contained within the App. If you agree to purchase goods and/or services from any third party who advertises in the App, you do so at your own risk. The advertiser, not Philips, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.

These Terms may be amended by Philips at any time. Such amended Terms shall be effective upon posting. By continuing to access or use the App after such posting, you will be deemed to have accepted such amendments. You are advised to regularly review any applicable terms and conditions. Other Philips web sites may have their own terms of use which apply to such web sites or app. 

These Terms shall be governed by and construed in accordance with the laws of the state of The Netherlands. You agree to the non-exclusive jurisdiction of the courts in Amsterdam, The Netherlands for any disputes, claim or cause of action arising out of, or relating to or in connection with these Terms or your use of this App, including any disputes relating to the existence or validity of these Terms, provided that you agree to submit any such disputes, claims or causes of action exclusively to the courts of Amsterdam, The Netherlands.

If any provision of these Terms 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.

 Philips’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Philips in writing.