Terms & Conditions - Rinnai ES750 Operation Manual

TERMS & CONDITIONS
1. DEFINITIONS
App means the Tuya Smart App you can download to your Device to operate your Rinnai ES Fire Heater.
Australian Consumer Law ('ACL') is Schedule 2 of the Competition and Consumer Act 2010.
Device means your smart phone/ tablet (Android 6.0+ or Apple 11.0+) through which you have downloaded the App.
Rinnai ES Fire, comprising the following models:
Models
Rinnai, we, our or us means Rinnai Australia Pty Ltd (ABN 74 005 138 769).
Wi-Fi Operations Manual means the Wi-Fi operations manual which details how to download and operate the App.
you or your means a customer who uses the Rinnai ES Fire Heater and App.
2. GENERAL
2.1 By downloading the App, you agree to be bound by these Terms & Conditions.
2.2 These Terms & Conditions should be read in conjunction with the Wi-Fi Operation Manual.
2.3 Rinnai may make updates to these Terms & Conditions from time to time. You should download and understand all
relevant updates to ensure you understand your obligations and Rinnai's obligations under the Terms & Conditions.
2.4 Rinnai may make updates to the App from time to time. You should download and understand all relevant updates to
ensure you have access to the functions of your Rinnai ES Fire Heater and App.
THE AUSTRALIAN CONSUMER LAW ( 'ACL' )
3.
Our goods come with guarantees that cannot be excluded under the ACL. You are entitled to a replacement or refund for
a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the
goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
All the clauses under these Terms & Conditions apply subject to the ACL.
4. USE OF THE APP
4.1 You may download the App to your Device for your personal use only.
4.2 You are responsible for all costs incurred in accessing, downloading and using the App. This includes but is not limited to
fees charged by your internet service provider, smartphone or App data access charges and any other access charges
or device usage charges.
4.3 You must follow the instructions in the Wi-Fi Operation Manual to operate the Rinnai ES Fire Heater via the App.
4.4 You must not use the App for any prohibited or unlawful purpose.
4.5 The App is available as another means to control and monitor the Rinnai ES Fire Heater, but should not be used for critical
heating or cooling applications.
5. TERMINATION
5.1 You may terminate these Terms & Conditions by deleting and ceasing use of the App.
5.2 Rinnai may terminate these Terms & Conditions immediately through the App or by any other appropriate means if you
are in breach of the Terms & Conditions.
6. INTELLECTUAL PROPERTY
6.1 If you download the App, Rinnai grants you a limited, non-exclusive, non-transferable, and non-assignable royalty free
licence solely in order to access and use the App.
6.2 All intellectual property rights in the Rinnai ES Fire Heater and the App are owned by Rinnai or licensed to Rinnai by third
parties. You do not acquire any express or implied rights in any these intellectual property rights, other than those granted
in clause 6.1 and within the context of these Terms & Conditions.
6.3 You may not modify, copy, sell, reproduce, interfere with or distribute the App in any way.
7. DISCLAIMER
To the extent permitted by law:
7.1 Rinnai makes no warranties that the App will be error-free, secure or free from any virus, malicious code or other adverse
elements. Rinnai therefore excludes any liability which may arise as a result of you downloading, accessing or using
the App. Rinnai does not exclude or restrict liability to the extent provided for by the ACL under the Competition and
Consumer Act 2010.
7.2 Rinnai will not be liable for any indirect, incidental, special or consequential loss.
8. FORCE MAJEURE
Unless prohibited by law, Rinnai shall be released from its obligations in the event of national emergency, war, prohibitive
governmental regulation, or if any other cause beyond the control of the parties renders the App or Rinnai ES Fire Heater
inoperable.
Rinnai
ES750 ES1000 ES1300 ES1500
4
ES1800 ES2200
Electric Fire Heater Wi-Fi OM – Issue 1