Service Agreement of AS Wilfa
Before accepting the Agreement, you are supposed to
thoroughly read all contents of the Agreement, and fully know its terms,
especially restrictive clauses or exceptions.
Restrictive clauses or exceptions are bold or highlighted in other forms to
catch your attention. In case of any doubt for the terms of the Agreement,
please contact relevant business department of AS Wilfa. You are not allowed to
use the service before you have read and accepted all terms of the Agreement,
relevant agreements and rules, etc. Once you select
"agree and submit the Agreement" (see registration page for detailed
wordings) and complete the registration procedure, or you use the service in
any form, it will be deemed that you have read and agreed with the restriction
of the Agreement and rules above. In case of any breach of the Agreement, AS Wilfa
has the right to unilaterally restrict, suspend or terminate the service for
you, and has the right to investigate your relevant responsibilities.
The Service Agreement (hereinafter referred to as
"the Agreement") is signed by you and AS Wilfa. It includes (but not
limited to) AS Wilfa Privacy Policy and other contents. In case of change, AS
Wilfa will announce by means of the licensed software sending a message without
further notification. Upon announcement, the changed agreement and rules become
a part to the Agreement automatically, without further notification to you for your
consent. In case of objection to such relevant changes, stop use AS Wilfa's service;
if you keep using it, it will deemed as that you hold
no objections against the changed rules and agree to abide by them.
I. Definitions of Terms
1.1 Licensed software refers to software system developed
by AS Wilfa, downloaded and installed and applied in specified system mobile
terminals.
1.2 Services refer to services provided for you by AS
Wilfa and its suppliers. You can use such services on the mobile terminal with
the licensed software.
II. Service
2.1 AS Wilfa offers you intelligent life equipment
management services, based on which you can access the intelligent terminals on
AS Wilfa and its suppliers' smart platform through the WiLife app, and realize
interlinkage among intelligent equipment. Service contents include intelligent
equipment management, scene interlinkage and analysis report, etc. Such
functions may be optimized or modified according to changes of users' demands
or judgment of service supplier, and service supply may be suspended due to
regular and irregular maintenance.
III. Scope of Service
3.1 AS Wilfa grants you with the right to use the product
based on this software.
3.2 You are prohibited to license, sell, lease, transfer,
issue the product in any form, or use the product for other commercial purpose.
3.3 Due to limitations on software adaptation platform
and terminals, you can only use the licensed software in the authorized system
platform and terminal; if you install the licensed software on other terminal equipment,
it may damage your hardware or software function.
3.4 You acknowledge that the licensed software can only
be used for non-commercial purpose and installation, application and running of
the licensed software is prohibited. If such commercial operation is necessary,
prior written authorization and permission from AS Wilfa shall be obtained.
3.5 AS Wilfa and its suppliers may change, upgrade or transfer the licensed software or relevant
functions from time to time, and may add new functions or services in the
licensed software system. If no separate agreements are accompanied with the
aforesaid new functions or services, you are entitled to the corresponding
functions and services, which is also subject to the Agreement.
3.6 You shall be responsible for the accuracy, reliability,
integrity and legality of input data and legality of the way in which you
obtain the data and shall back up data and information from time to time. You
shall bear all risks for damage and loss of such information.
3.7 You shall properly keep your account number and
password. In case of any safety loophole for your account (including but not
limited to divulgence of user password), you shall notify AS Wilfa in time, and
AS Wilfa will assist you in taking relevant measures. Otherwise, all behaviors
related to your account shall be assumed by you and you will bear all
responsibilities.
IV. A Third Party
4.1 You acknowledge that certain service of AS Wilfa and
its suppliers is based on software or services provided by a third party. Such
service is set to facilitate your application and necessary legal authorization
is obtained from the third party.
4.2 The product includes certain information and services
of the third party. AS Wilfa and its suppliers neither controls nor bears
responsibility for information and services of the third party.
4.3 You acknowledge that AS Wilfa and its suppliers
cannot guarantee that the licensed software always uses or contains such
services, or that other software provided by the same third party will be used
in future. Likewise, it may use similar services supplied by another third
party. Upon application, the aforesaid corresponding software or services are
subject to this Agreement.
V. Service Application Standard
5.1 You shall use the licensed software in a
normal manner. The following ways are in breach of the application standard:
1) Issue or share computer virus, worms, malicious codes,
or software that deliberately damages or changes computer system or data;
2) Collect information or data of other users without
authorization, for example, email address and the like;
3) Maliciously use the product in an automatic way,
causing overload to the server, or interfere with or damage web server and
network links in other forms.
4) Attempt to visit server data or communication data of
the product without authorization;
5) Interfere with or damage the production application by
other users.
5.2 You understand and agree that:
1) AS Wilfa will determine whether or not you are
involved in violation of standards above, and suspend
or terminate your application license according to determination results or
take other restrictions according to agreements.
2) AS Wilfa will directly delete information in breach of
laws, or infringing others' legal rights, or in breach of the Agreement issued
by you when using the licensed software.
3) If a third party suffers from damage due to your
breach of application standards, you shall independently bear legal
responsibility in your name, and protect and indemnify AS Wilfa from losses or
additional expenses generated therefrom. Otherwise, AS Wilfa has the right to
claim compensation.
4) If AS Wilfa and its suppliers suffers from any loss
due to your breach of relevant laws or the Agreement, you shall compensate AS
Wilfa and its suppliers for losses and (or) expenses generated therefrom.
VI. Information Content Standard
6.1 You promise that you will not conduct any act in
breach of laws or improper behaviors by using the service, such act and
behavior include (but not limited to):
6.1.1 Uploading, transferring or
sharing information containing one of the following contents:
1) Opposing the basic principles determined in the Constitution;
2) Endangering state safety, disclosing state secret,
subverting state power and sabotaging state unity;
3) Damaging state honor and benefit;
4) Inciting national hatred and discrimination and
sabotaging national unity;
5) Destroying religious policy of the state and
advocating heresy and feudalistic superstition;
6) Spreading rumors, disturbing social order and
destroying social stability;
7) Spreading obscenity, porn, gambling, violence, murder
and terror or abetting a crime;
8) Insulting or slandering others and infringing on the
legal rights and interests of others;
9) Containing contents of sham, degradation, harm, threat,
infringement to others' privacy, harassment, infringement, slander, coarseness,
indecency, or morally repulsive contents;
10) Containing other contents restricted or forbidden by
applicable laws, regulations, rules, provisions and
other legal standards.
VII. Private Policy and Data
7.1 It is crucial for AS Wilfa to protect your personal
information. AS Wilfa presents its Privacy Policyy, in which contents related
to ownership and protection of intellectual property, collection, use, share,
storage and protection, etc. of your information are disclosed. You are
suggested to thoroughly read AS Wilfa Privacy Policy.
VIII. Exception Clauses
8.1 Unless otherwise specified in laws and regulations, AS
Wilfa will do its best to ensure the security, validity, accuracy and
reliability of the licensed software and technologies and information involved,
but AS Wilfa is unable to guarantee the same due to restriction by available
technologies nowadays.
8.2 You understand that AS Wilfa will not assume responsibility for direct or
indirect losses caused by force majeure and default of a third party.
8.3 You shall be responsible for personal injury or incidental or indirectly
injury caused by or related to one of the following accidents: 1) A third party
uses the licensed software or changes your data without permission; 2) Expenses
and losses produced by using the licensed software; 3) Your misunderstanding of
the licensed software; 4) Other losses related to licensed software caused by
reasons not attributable to AS Wilfa
8.4 Any other licensed software-derived software not developed and released by AS
Wilfa or the development and release are not granted by AS Wilfa is illegal
software. Downloading, installing and using such
software may cause unpredictable risks. AS Wilfa shall be free from legal
responsibilities and disputes generated therein and AS Wilfa shall have the
right to suspend or terminate application license and/or other all
services.
8.5 You have been informed of that the usage of AS Wilfa and its supplier's smart
platform, involves an Internet service, which may be affected by unstable
factors in all links. Although AS Wilfa has taken safeguard measures, the
service may be suspended, terminated, delayed, suffered from application
restriction or application failure due to inherent defects of Internet and
e-communication as well as factors beyond reasonable control of any party to
the Agreement (including but not limited to fire, flood, terrorist attack,
pestilence, natural disasters, riot, terminal virus, hacker attack, network
fault and terminal fault). You hereby agree to bear foregoing risks and agree
that AS Wilfa is free from any responsibility when normal running of services
are influenced by the occurrence of foregoing risks.
IX. Agreement Termination and Breach of Agreement
9.1 You should understand that you shall use the licensed
software according to authorization scope, respect intellectual property of
software and contents contained in the software and perform obligations according
to the Agreement when using AS Wilfa's services. AS Wilfa will terminate the
application license if you are in material breach of the Agreement.
9.2 Your application of the software relies on supporting
services supplied by AS Wilfa's related companies. Breach of terms, agreements,
rules, annunciation and other relevant regulations of AS Wilfa and its related
companies may cause failure in normal usage of licensed software, in which
case, AS Wilfa shall be entitled to terminate the application license, or take measures to restrain your application
license or other rights and interests controlled by AS Wilfa as agreed in the Agreement,
including suspension or termination of your application license.
9.3 In case of your breach of the Agreement or other
agreements signed with AS Wilfa, AS Wilfa and its suppliers shall have the
right to notify the related companies, requiring them to take restrictive
measures to your rights and interests, including requiring related companies to
suspend or terminate supplying part or whole services for you, and legally
announce your breach of agreement on websites run or actually
controlled by them.
9.4 The licensed software is downloaded from the
downloading platform, and you shall abide by stipulations of the download platform,
system platform and terminal manufacture on application ways and restrictions of
the licensed software. If the above mentioned third party confirms that you are
in breach of the agreement and AS Wilfa and its supplier's treatment is
required, AS Wilfa may terminate your application license at the third party's
request.
9.5 When the application license terminates, you shall
stop using the licensed software and destroy all copies.
9.6 You must bear all compensation responsibilities if AS
Wilfa and other users suffer from losses caused by your breach of terms in the
Agreement.
X. Governing Laws and Severability
10.1 Effectiveness, explanation, change, execution and dispute settlement of the Agreement are
subject to laws of Norway. If no relevant laws and regulations are available,
reference to general international business practices and (or) industrial
practices shall be made.
10.2 Dispute arising from or in connection with the
Agreement may be settled by you and AS Wilfa through friendly negotiation or
submitted to the district court of Oslo, Norway where the Agreement is signed
for adjudication.
10.3 When any term of the Agreement is judged to be
invalid by the district court, it will not influence the effectiveness of other
terms or any part thereof, and you and AS Wilfa shall perform the valid terms
in good faith.
10.4 The Agreement is signed in Oslo, Norway.