AirConnectPro – Terms of Use
PREAMBLE
These Terms and Conditions (“Terms and Conditions”) govern the manner in which you may use and access the AirConnectPro software application and the underlying service provided by AIRWELL RESIDENTIAL, a French joint-stock company with a capital share of € 2,500,000, whose registration number is 752 800 862 RCS Versailles, and whose head offices are located 10 rue du Fort de Saint-Cyr 78180 Montigny le Bretonneux (France) (hereinafter “AIRWELL” or “we”).
By clicking the “I Agree” button or otherwise signifying your acceptance, you accept the Terms and Conditions and agree to be bound by their provisions towards AIRWELL. In these Terms and Conditions “you” or “User” means the person who
will be using the AirConnectPro app.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT ACCESS AND USE ANY PART OF THE AIRCONNECTPRO APP.
AIRWELL reserves the right, in its sole discretion, to modify these Terms and Conditions at any time by posting a new version on its website www.airwell.com. This new version shall be effective as of such edition. The continued use of the AirConnect Pro app after the edition of the new Terms and Conditions shall imply your acceptance of these new Terms.
Rights granted pursuant to these Terms and Conditions do not prevent the application of rights granted pursuant to legal provisions dedicated to the protection of consumers.
1. THE APPLICATION
AIRWELL provides a software application named AirConnectPro, which works on any compatible smartphone and which connects through a proprietary cloud based platform (the “Cloud”), to AIRWELL’s proprietary hardware device (the “Device”) that is integrated with a user (“User”)’s heating, ventilation and air conditioning (“HVAC”) system, for controlling and monitoring such HVAC system (respectively, the “Service” and the “System”), mainly for maintenance purposes.
Users who register for the Service using an account allocated to them by an administrator, service provider (such as technician), place of employment, home-owner or other administrator (“Administrator”) will become members of their Administrator’s control and monitoring group.
2. THE SERVICE
The Service is available only to Users, i.e. individuals over 16 (sixteen) who (i) can form legally binding contracts under applicable law, and (ii) are authorized to use the Service pursuant to their Administrator’s procedures and policies (if any).
You hereby warrant that you have the authority to enter into these Terms and Conditions, and that your use of the Service is authorized and compatible with your Administrator’s procedures and policies (if any).
If you are accepting these Terms on behalf of an Administrator, you represent and warrant that: (i) you have full legal authority to bind the Administrator to these Terms; and (ii) you agree, on behalf of the party that you represent, to these Terms and Conditions. In such case, any reference these Terms and Conditions shall be binding on the Administrator, and any reference to “you” shall refer to you and to the Administrator. If you don’t have the legal authority to bind the applicable Administrator entity, you may not accept these Terms and the Administrator may not use the Service.
The Service and its components (including the App) are protected pursuant to the terms of the Intellectual Property Code and any legal provisions pertaining to the protection of works of the mind.
AIRWELL may (i) change, suspend or discontinue the Service (or any part thereof) at any time, including the availability of any feature, content or data, without notice or liability; (ii) offer alternative and/or additional Services to certain Users, that may not be offered to general Users.
We reserve the right at any time to charge fees for access to any part of the Service that may be free at the moment. All new fees, if any, will be posted prominently on the Service website and in other appropriate locations. User shall be able to terminate the Terms and Conditions if they refuse the new fees.
3. ADMINISTRATOR; OTHER PERMISSIONS
Please note that the Administrator has administrative control over your account, and members of the Administrator, have ability to view and delete data and activities of the Users, monitor Users’ accounts, manage Users’ accounts and monitor and control their Systems. In addition, in some cases, you may grant such permissions to third parties, such as Technicians (“Super Users”). The Administrator and the Super Users, and any party on their behalf, are solely responsible for their activities and for compliance with applicable laws, and AIRWELL shall not have any responsibility or liability in that respect.
If you are an Administrator or a Super User, you are solely liable and responsible for (i) any of your acts or omissions towards the Users; (ii) maintaining the confidentiality of the password and Administrator or Super User accounts; (iii) designating those individuals who are authorized to access the Administrator or Super User accounts; (iv) compliance with applicable law.
You agree that AIRWELL is not responsible to the internal management or administration of the Service, which is under the sole control of the User or the Administrator.
4. REGISTRATION
As part of the Service registration process, you will be required to create a user account and, in this case, to provide AIRWELL certain personal information (including, name, phone number, Administrator or personal e-mail address, etc.) and to select a password.
You shall provide AIRWELL with accurate, complete, and updated registration information. All such information shall be subject to AIRWELL’s Privacy Policy as mentioned at section 11 (“Privacy Policy”).
AIRWELL reserves the right to refuse User’s registration or to block User’s access to the Service, at its sole discretion, in particular if AIRWELL reasonably suspects the registration or the access to proceed from fraudulent acts.
The User is solely responsible for the activity that occurs on the User’s account, and must keep the account credentials secured.
The User must notify AIRWELL immediately of any breach of security or unauthorized use of his/her account by writing to the following e-mail address [email protected].
5. SUBSCRIPTION; PAYMENTS
Our order form (a model of which being attached to these Terms and Conditions) may be completed and placed in various ways, among which, online form or in-product screens or any other offline form delivered by you to AIRWELL, including via mail, email or any other electronic or physical delivery mechanism. The Service is provided on a subscription basis for the term specified in your order form (the “Subscription Term” and the “Subscription Plan”, respectively, and collectively the “Subscription”).
In consideration for the provision of the Service, you shall pay us the applicable fees per the purchased Subscription, as set forth in the applicable order form (the “Fees”). Unless indicated otherwise, Fees are stated in Euro. You hereby authorize us, either directly or through our payment, to charge such Fees via your selected payment method, upon the due date.
Unless expressly set forth herein, the Fees are non-cancellable and non-refundable. We reserve the right to change the Fees at any time, upon notice to you if such change may affect your existing subscriptions.
In order to ensure that you do not experience any interruption or loss of services, your Subscription shall include an automatic renewal by default, according to which, unless cancel your Subscription at least 14 (fourteen) days prior to its expiration, your Subscription will automatically renew upon the end of the applicable Subscription Term, for a renewal period equal in time to the original Subscription Term (excluding extended periods) and, unless otherwise notified to you, at the same price (subject to applicable taxes changes and excluding any discount or other promotional offer provided for the previous Subscription Term). Accordingly, unless either you or us cancel the Subscription prior to its expiration, we will automatically charge you the applicable Subscription Fees upon or prior to the expiration of the Subscription Term.
All orders are final. Billing for our payment programs is ongoing, until terminated by you at least 14 days before the next billing cycle. Upon such termination, the services purchased will be available to you until the end of the current cycle. Amounts paid to us are not refundable, unless required by mandatory law. If we are unable to charge our fees through your approved payment means, we may, in addition to other remedies, suspend or terminate the services granted to you.
Credit card details may be needed to complete an order, and the service will be available to you following successful completion of billing. You will be notified accordingly. You authorize us to continue to charge your credit card or any replacement card upon the beginning of each billing period for the agreed amount of such period, but failure to charge your card does not limit your payment obligation.
After your subscription is cancelled, you won’t be able to access the subscription features, or any content, data and information stored in your account.
All fees charged hereunder are, except where otherwise explicitly stated, inclusive of all taxes. You acknowledge and agree that you will bear and be responsible for all applicable taxes and other governmental charges imposed on it with respect to this Agreement, if any. Your payment obligation is not subject to any lien, withholding or set off. Failure to timely pay any fees due is grounds for termination or suspension of the services provided, without prejudice to other remedies. Prices are subject to change with respect to new billing periods, provided that notice is given at least 30 days in advance.
No refund or protection is given in case of price decrease or promotional offering. In case of a service becomes permanently unavailable during a billing period, you will be entitled to a pro-rata refund. In all other cases, claims for refund are excluded.
Delinquent payments may bear compounded interest at the rate of one-and-one-half percent per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. You will be responsible for all reasonable expenses (including attorneys’ fees) incurred by us in collecting such delinquent amounts.
6. INTELLECTUAL PROPERTY AND LICENSE
All elements of the Service (including the App) are the exclusive property of AIRWELL or its licensors.
Neither the App nor the Service are sold to you or any User.
Under these Terms and Conditions, AIRWELL only grants you a limited, non-transferable, non-exclusive, non-assignable, non-sub-licensable personal license to use the App in order to access the Service for non-commercial use, for as long as your account is active, provided that you are in full compliance with these Terms and Conditions.
Except as expressly provided herein, no other rights or licenses, expressed or implied, are granted to you by AIRWELL with respect to the Application and/or the Service, including any proprietary information, patent, copyright, trademark, trade secret, or other intellectual property right, whether registered or not.
Subject to applicable legal provisions, you commit yourself not to practice any act (notably any reverse engineering act) on the App that is aimed to develop a competitive app, as further explained under section 9 hereunder.
All right, title and interest in the App, the Service, the System, the Device and any materials provided by AIRWELL to you, and any development or derivative thereof, including without limitation, all copyrights, trade secrets, and other intellectual property rights pertaining thereto shall remain vested in AIRWELL and its licensors.
These Terms and Conditions do not convey to you any interest in or to the App or the Service, except for a limited right of use as set forth herein, terminable in accordance with these Terms and Conditions. All other rights are expressly reserved by AIRWELL.
All photos, texts, scripts, designs, graphics, logos, audios, videos, songs, interactive features, trademarks, service marks, trade names and other content (“Content”) used, displayed, included, incorporated, uploaded, posted or published by AIRWELL or other third parties, as part of the Service, are the sole property of AIRWELL and/or its licensors (“AIRWELL’s Content”).
AIRWELL’s Content is subject to copyright and other intellectual property rights under applicable laws, and you may not use, download, distribute and/or copy them, in whole or in part, without the prior written permission of AIRWELL or any relevant third party.
For the sake of clarity, you may not copy, reproduce, modify, publicly display, publicly perform, publish, distribute sell, license, rent, transfer, reproduce, create derivative works based on, or exploit in any way, AIRWELL’s Content or any part thereof.
If you send AIRWELL feedback or suggestions regarding the App and/or the Service, such feedback and suggestions shall become AIRWELL’s property and you acknowledge that AIRWELL may use them at its sole discretion, without any obligation to compensate you in any manner for such feedback or suggestions.
It is hereby clarified that the Service may contain links to other third parties’ websites, applications or features, or referrals to certain third parties’ products or services that are not owned or controlled by AIRWELL and AIRWELL has no control over them. If you choose to visit such third party’s websites applications or features, or use their products or services, please be aware that such third party’s own terms of use and/or privacy policy will apply and govern your activities and any information you disclose while interacting with such third parties.
AIRWELL does not make any representation or warranty whatsoever regarding such third party’s websites, applications, features, services, products or Content. AIRWELL also does not endorse and cannot ensure that you will be satisfied with any content, products or services that you accessed, purchased or download from such User or other third parties, and is not responsible or liable in any manner for your interaction with such User or third parties.
If AIRWELL believes that the Service, or any part thereof, may so infringe, then AIRWELL may in its sole discretion: (i) obtain (at no additional cost to you) the right to continue to use the Service; (ii) replace or modify the allegedly infringing part of the Service so that it becomes non-infringing while giving substantially equivalent performance; or (iii) if AIRWELL determines that the foregoing remedies are not reasonably available, then AIRWELL may require that use of the (allegedly) infringing Service (or part thereof) shall cease and in such an event you shall receive a prorated refund of any fees paid for the unused portion of the subscription term.
THIS SECTION STATES AIRWELL’S SOLE AND ENTIRE LIABILITY AND YOUR AND YOUR EXCLUSIVE REMEDY, FOR ANY INTELLECTUAL PROPERTY INFRINGEMENT OR MISAPPROPRIATION BY AIRWELL AND/OR ITS SERVICES AND UNDERLYING TECHNOLOGY.
7. THIRD PARTY MATERIALS
The Service may contain software or other materials provided by third parties (including “open source” software) (“Third Party Materials”).
Use of such Third Party Materials shall be governed by the license agreements specific to each such Third Party Material, provided, however, that in addition to any terms and conditions of any third party software license as set forth in the abovementioned webpage, and without derogating from such terms, the disclaimer of warranty and limitation of liability set forth herein shall apply to all software.
If the App contains any software provided by third parties not noted in it, the restrictions contained in these Terms and Conditions shall apply to all such third party software providers and third party software as if they were AIRWELL and the App, respectively.
By using the Service, you agree to the licenses that apply to any Third Party Materials.
Prior to installing any part of the Services, you may be required to install additional third party software, if such third party software is not already installed on your hardware or devices. This third party software is separate and independent of the Services. The use of such software is not governed by these Terms and Conditions, and shall be governed only by the license agreements specific to such software, to which AIRWELL is not a party. No legal relationship shall be formed between AIRWELL and a User with respect to such third party software.
IN NO EVENT SHALL AIRWELL BE LIABLE FOR ANY DAMAGE CAUSED BY SUCH SEPARATE AND INDEPENDENT THIRD PARTY SOFTWARE. SUCH SOFTWARE IS PROVIDED “AS IS”, WITHOUT ANY WARRANTY BY AIRWELL.
8. REPORTING OF VIOLATIONS
AIRWELL does not permit violation or third party rights, breaches of these Terms and Conditions or infringement of intellectual property rights. To file a violation notification, please send a written communication to the e-mail address [email protected] and we will follow with additional instructions.
9. PROHIBITED USE
Subject to mandatory contrary legal provisions, you may not, and may not permit or aid others to: (i) use the App, the Service and the Device for any purpose other than the purpose explicitly permitted by AIRWELL, including, without limitation, for handling any space other than standard residential or office space; (ii) copy, alter, translate, emulate, create derivative works based on, or reproduce the App, the Service or the Device; (iii) publish, sell, distribute, assign, pledge or transfer (by any means), display, sublicense, rent, lease or otherwise share the rights granted under these Terms; (iv) reverse engineer, de-compile, modify, revise or disassemble the Service or the Device or any part thereof, emulate or create derivative works thereof, or extract source code from the object code of the App, the Service or the Device, or access the App, the Service or the Device in order to build a competing product or service; (v) use the App, the Service or the Device in any manner that is illegal, immoral, or not authorized by these Terms and Conditions; or (vi) grant access to the App, the Service or the Device to third parties or attempt to do so or purport to be entitled to do so, except as required for the use of the Service; (vii) engage in any activity that interferes with or disrupts the Service (or the servers and networks which are related to the Service); (viii) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or its third party providers’) infrastructure; (ix) bypass any measures we may use to prevent or restrict access to the App, the Service or the Device and/or take any action intended to circumvent or disable the operation of any security feature or measure of the App, the Service or the Device; (x) provide any information if you do not own or have permission to use such information; (xi) access the App, the Service or the Device via any means other than through the interface provided by us, or via automated means, including by crawling, scraping, caching or otherwise (except as may be the result of standard search engine protocols or technologies used by a search engine with our express consent); (xii) disrupt the use of other users or otherwise act in a manner that negatively affects other users’ ability to engage using the App, the Service or the Device.
10. TERMINATION
AIRWELL may terminate or suspend your license, account and access to the App and/or the Services (or any part thereof) immediately, without prior notice or liability, if you breach, or fail to comply with, any of the provisions contained in these Terms and Condition.
All the provisions of these Terms and Conditions which by their nature should survive termination (including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations and limitations of liability) shall remain in full force and effect following termination thereof, for any reason whatsoever.
Termination of these Terms and Conditions shall not relieve you from any obligation arising or accruing prior to such termination or limit any liability which you otherwise may have to AIRWELL.
Without derogating from our termination rights above, we may decide to temporarily suspend your account (including any access thereto) and/or the Service, in the following events: (i) we believe, in our sole discretion, that you or any third party, are using the App and/or the Service in a manner that may impose a security risk, may cause harm to us or any third party, and/or may raise any liability by us or any third party; (ii) we believe, in our sole discretion, that you or any third party, are using the App and/or the Service in breach of these Terms and Conditions or applicable laws; (iii) the payment obligations under your account, in accordance with these Terms and Conditions, are or are likely to become, overdue. The afore-mentioned suspension rights are in addition to any remedies that may be available to us in accordance with these Terms and Conditions and/or applicable law.
11. PRIVACY POLICY
AIRWELL is committed to protecting your privacy and the security of your personal information. In this regard, please see our Privacy Policy, which explains how AIRWELL collects, uses, protects, and discloses your Personal Information. Our Privacy Policy is available at the following URL address: https://www.airwell.com/en/privacy-policy/airconnectpro.
12. ANONYMOUS INFORMATION
AIRWELL may collect, use and publish Anonymous Information (defined below), and disclose it to its third party service providers, inter alia to provide, develop improve and publicize the AIRWELL’s Service.
You hereby grant AIRWELL full access to such Anonymous Information. “Anonymous Information” means information about use of the App, the Service, the Device or the System which does not (in any way) enable identification of an individual, such as aggregated and analytics information about use of the Service.
13. WARRANTY AND DISCLAIMER; LIMITATION OF LIABILITY
Subject to legal provisions applicable to consumers, AIRWELL’s warranty attached to the use of the App and/or the Service is limited as stated below.
The Service provides certain data, information and analyses, which are all provided for information purpose only, and not as an advice. We accept no responsibility or liability in contract, tort, negligence, breach of statutory duty or otherwise for any inconvenience, loss, damage, costs or expenses whatsoever incurred or suffered by anyone as a result of any information contained in or provided by the Service (unless such liability may not be excluded or limited as a matter of law, and in such case, our liability will be limited to the maximum extent permitted by law).
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AVAILABILITY, SECURITY, COMPATIBILITY OR NON-INFRINGEMENT, AS TO THE SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED IN THE SERVICE.
WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, OR THAT ANY INFORMATION OR DATA OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY OR IMPOSE ANY LIABILITY NOT EXPRESSLY STATED IN THE TERMS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR SYSTEMS OR ELECTRONIC DEVICE OR LOSS OF DATA, OR ANY OTHER LOSS OR DAMAGE THAT RESULTS FROM YOUR USE OF THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES. IN CERTAIN COUNTRIES, AIRWELL’S WARRANTY SHALL BE LIMITED TO THE MOST EXTENDED MEASURE AUTHORIZED BY APPLICABLE LAW.
IN NO EVENT SHALL AIRWELL, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, AGENTS OR EMPLOYEES BE LIABLE TOWARDS YOU, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES, INCLUDING LABOUR COSTS, LOSS OR CORRUPTION OF DATA OR INFORMATION, LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF BUSINESS INFORMATION, PURE ECONOMIC LOSS, OR LOSS OF USE OR PECUNIARY LOSS, IN CONNECTION WITH OR ARISING OUT OF THESE TERMS AND CONDITIONS, THE APP, THE SERVICE OR YOUR USE OF OR INABILITY TO USE THE APP AND/OR THE SERVICE, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY (WHETHER BASED ON BREACH OF CONTRACT, WARRANTY, TORT, NEGLIGENCE, EQUITY, PRODUCT LIABILITY, OR OTHERWISE), AND REGARDLESS OF WHETHER AIRWELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE.
YOU SPECIFICALLY AGREE THAT AIRWELL IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OF ANY OTHER PARTY ON OR THROUGH THE SERVICE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING, WITHOUT LIMITATION, PRIVACY RIGHTS.
TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL DIRECT CLAIMS, DAMAGES AND LOSSES (WHETHER IN CONTRACT, TORT OR OTHERWISE), INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICE IN THE SIX (6) MONTHS PRECEDING THE CAUSE OF THE CLAIM OR ONE HUNDRED (100) EUROS, WHICHEVER THE HIGHER.
THIS SECTION DOES NOT LIMIT OUR LIABILITY FOR DEATH OR BODILY INJURY OF A PERSON CAUSED BY OUR NEGLIGENCE IN JURISDICTIONS IN WHICH SUCH LIABILITY MAY NOT BE EXCLUDED BY APPLICABLE LAW.
If you are dissatisfied with any portion of the Service, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Service.
14. INDEMNIFICATION
Your use of the App and/or the Service constitutes your agreement to defend, indemnify, and hold harmless AIRWELL and its affiliates, officers, directors, employees and agents from and against any and all claims, damages, obligations, liabilities, loss, reasonable expense or costs (collectively, “Losses”) incurred as a result of (i) your use or misuse of the App and/or the Service; (ii) or the use or misuse of contents of the App and/or the Service by a third party even if using your password; (iii) if you are accepting these Terms on behalf of an Administrator or a Super User – (a) the use or misuse of the Service by any person or entity related to the Administrator or Super User, (b) any claim of by any person or entity related to the applicable organization or entity, or (c) any of your users’ violation of these Terms and Conditions or applicable laws.
This Indemnification section of the Terms survives termination of your account with the Service or of your use of the Service.
15. USE BY CHILDREN
The App and the Service are intended for the general audience and is not directed to children under the age of 16.
By accessing or using the App and/or the Service, you certify you are at least 16 years old and you benefit from a parental authorization to use the App and/or the Service.
Children under the age of 16 may NOT access or use the App and/or the Service.
16. FORCE MAJEURE
Pursuant to the terms of article 1218 of the French Civil Code, neither us nor you will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, interruption or failure of the internet or any utility service, failures in third-party hosting services, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.
17. APPLICABLE LAW – JURISDICTION
These Terms and Conditions and its performance shall be governed by the laws of France, without regard to conflict of laws provisions that would result in the application of the laws of any other jurisdiction, notably in consideration of mandatory legal provisions applicable to consumers.
Pursuant to article L. 211-3 of the Consumer Code, any User may have recourse free of charge to a consumer mediator with a view to the amicable resolution of a dispute between him and a professional. AIRWELL guarantees any User effective recourse to a mediation system. Any User can refer to the mediator of his choice, in particular the resolution platform set up by the European Commission: https://ec.europa.eu/info/live-work-travel-eu/consumer-rights-and-complaints / resolve-your-consumer-complaint_en
In case of a litigation with a professional User, the matter shall be brought exclusively before the COMMERCIAL COURT OF VERSAILLES (FRANCE).
18. MISCELLANEOUS
These Terms and Conditions and the Privacy Policy constitute the entire agreement between you and AIRWELL with respect to your use of the Service, and supersede all prior or contemporaneous understandings regarding such subject matter.
AIRWELL may assign at any time any of its rights and/or obligations hereunder to any third party without User’s consent.
These Terms and Conditions will also govern any future upgrades or updates or new releases provided by AIRWELL in connection with the App and/or the Service, unless any such upgrades or updates are accompanied by a separate license, in which case the terms of that separate license will govern.
In the event that a court of competent jurisdiction finds any provision of these Terms and Conditions to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect, and such provision shall be reformed only to the extent necessary to make it valid, enforceable and legal.
The failure of AIRWELL to enforce any right or provision in these Terms and Conditions will not constitute a waiver of such right or provision unless acknowledged and agreed by AIRWELL in writing.
If you have any questions or queries about these Terms and Conditions or our Services in general, please do not hesitate to contact us via e-mail to the following e-mail address: [email protected].
