HOOVER RANGER ROBOT VACUUM
APP TERMS OF USE (“TERMS”)
In these Terms:
“App” means the Hoover Robot application referred to as the “Hoover Ranger App” provided by Electrical Home-Aids Pty Ltd (“Godfreys”) under these Terms;
“Registered User” means a User who has registered to use the App and has created a user name and password to access and use the App;
“Website” means the website located at https://www.godfreys.com.au/; and
“You”, “Your” and “User” means any individual or entity accessing or using the App for any reason, including a Registered User.
Godfreys provides its App to allow Users to operate, control and manage their Hoover Robot Vacuum Cleaner (“Hoover”)
In order to use the App You will need at least a 3GS iPhone with iOS 9.0 (or a later version) installed, 1stgeneration iPad, or an Android device running one of the latest three versions of the Android operating system, that is enabled for cellular or wireless Internet connection (“Device”). While the App is compatible with the Android operating system, Godfreys do not warrant or guarantee that the App will operate as intended on all Android devices.
Subject to Your compliance with these Terms, Godfreys grants to You a limited non-exclusive, non-transferable licence to download and install a copy of the App on a Device that You own or control and to run such copy of the App solely for Your own personal non-commercial purposes.
By accessing, downloading or using the App, or by continuing to do so, You expressly accept and agree to be bound by these Terms. In accepting these Terms, You agree that these Terms and our Privacy Statement contained in the Schedule, which will apply whenever You use the App. The App may contain links to third party sites. When a User has clicked on a link to another site, they leave the App and the Users use of that site is not governed by these Terms.
Godfreys may amend these Terms from time to time. Your use of the App after Godfreys makes amendments to these Terms is evidence of Your acceptance and agreement to be bound by and to comply with these Terms as they are amended.
1. App Registered Users, password and login
1.1 You must be at least 13 years of age to use the App and to become a Registered User.
1.2 You are required to create an account with a user name and password to access the functionality offered by the App (“Account”). There is a limit of one Account per Registered User. You must not create (or attempt to create) more than one Account. Any one Registered User who is found creating or using more than one Account will be barred from their use of the App.
1.3 You agree that You are entirely responsible for all activities that occur in the App under your Registered User name. Without limiting the following, You acknowledge that You are fully responsible for all the activities of any individual who accesses the App under your Registered User name.
1.4 When You access the App as a Registered User, You may remain logged into the App even after closing the App (unless You log out of the App prior to leaving it);
1.4.1 you accept full responsibility for all activities on the App while You are logged in; and
1.4.2 you are fully responsible for all the activities of any individual who accesses the App using any Device which remains logged into Your Account.
1.5 You are responsible for managing the confidentiality of Your password and any information in connection with your Registered User name. You may change Your password at any time by following the instructions on the App.
1.6 You agree to immediately notify Godfreys of any unauthorised use of Your password or user name or any other breach of security of which You become aware in relation to the App.
2. Fees
You may incur charges from Your mobile service provide for downloading and using the App. Any such charges are Your sole responsibility and any matters regarding these charges should be raised with Your mobile service provider.
3. Intellectual property
3.1 All intellectual property in the App, including copyright, any trade marks and any other intellectual property rights in or associated with the App, but excluding any data or other information on the App originated by third parties, is owned or licensed by Godfreys.
3.2 You must not do or allow any third party to do anything that may infringe, damage or endanger Godfreys’s intellectual property rights or the intellectual property rights of a third party.
3.3 You are responsible for the content and material that You upload on or transmit through the App, including its legality, reliability and appropriateness. You should only upload content and material that You either own, created or have the right to use and publish. You acknowledge and agree that You grant to Godfreys a perpetual, worldwide, royalty free licence to commercialise, use, sub-licence, transfer, copy, display, store, modify or distribute any content or material which You upload or post on the App.
4. User supplied information
4.1 Godfreys has no control over the information or data provided by a User of the App including the address or message content provided by a User. Godfreys accepts no responsibility for the content provided, printed, sent or received in relation to the App. By accessing or using the App you accept all responsibility, risk and liability for the chosen content, added, edited, provided, uploaded or modified.
4.2 Godfreys may reject or remove any User’s material which is illegal, indecent, obscene or offensive, or comments which violate these Terms in any way, or request the User to make suitable amendments in order to comply with these Terms, and Godfreys reserves all rights to claim damages and/or apply for other legal remedies.
5. Privacy
5.1 Godfreys will collect, hold and use Your personal information in accordance with the Privacy Statement contained in the Schedule to these Terms. The Hoover Robot Vacuum Cleaner App Privacy Statement sets out:
5.1.1 the purposes for which Your personal information is collected;
5.1.2 the consequences if Your personal information is not provided to Godfreys;
5.1.3 the third parties to which Godfreys discloses Your personal information;
5.1.4 how You may seek access or correction to Your personal information;
5.1.5 whether Your personal information is likely to be disclosed to overseas entities and in which countries; and
5.1.6 how You can complain about a breach of Godfreys’s obligations in respect of Your personal information and how such a complaint will be dealt with.
5.2 You agree to allow Godfreys to collect personal information about You, including information that may be considered sensitive.
5.3 You agree to allow Godfreys to use Your contact and personal information to send You information about Godfreys and the App, including any additional services offered by Godfreys. You may opt out of receiving future mailings, or be removed from our database by contacting Godfreys with the details listed in the Privacy Statement.
5.4 Where the Privacy Statement included at the Schedule to these Terms is inconsistent with the Godfreys Group’s Privacy Policy, as amended from time to time, the Godfreys Group’s Privacy Policy prevails. The Godfreys Groups Privacy Policy may be found at https://www.godfreys.com.au/privacy-policy.
6. Security
6.1 The security of User information is important to Godfreys, therefore Godfreys takes all reasonable steps to ensure the security of its systems. Any information which we hold for You is stored on secure cloud based servers. In addition, our employees and any contractors who provide services relating to our information systems must respect the confidentiality of any personal information held by Godfreys. To the maximum extent permitted by law, Godfreys will not be held responsible for any loss that may arise from any unauthorised access to or use of Your personal information.
6.2 Godfreys will exercise all reasonable due care to ensure that Your information is secure on its system. However, there remains a possibility that Your information may be unlawfully observed by a third party while the data is being transmitted over the internet or while stored on cloud based servers. Godfreys accepts no liability for any loss or damage suffered by You that may arise if any other persons obtains or misuses the information which You have submitted to the App.
7. Updates
7.1 Unless advised by Godfreys, these Terms will cover any updates and new releases of the App that may be created by Godfreys during the provision of these Terms.
7.2 The version of the App software may be upgraded from time to time to add support for new functions and series. The App may automatically download and install updates from time to time.
7.3 Where You accept an update or new release, these Terms may apply in all respects to that update or new release to the extent that it is incorporated in or replaced the App.
7.4 If You do not accept any update or new release of the App, Godfreys may terminate these Terms.
8. No representations and warranties
8.1 To the maximum extent permitted by law, Godfreys does not provide any representations or warranties relating to the App or any use of the App.
8.2 Godfreys makes no representations or warranties as to the online availability of the App. Godfreys will not be responsible in any way for the availability of the App or any services which are provided on the App.
8.3 Godfreys will not moderate any information posted by any User on the App except for circumstances where information is drawn to the attention of Godfreys as inappropriate by a User.
9. Risks and release from liability
9.1 You acknowledge that there are risks associated with using the App. Through Your use of the App, You assume all risks associated with the operation of the App.
9.2 To the maximum extent permitted by law:
9.2.1 You expressly agree not to hold Godfreys and its officers, agents, successors, assigns, representatives, advertisers or employees (collectively “Godfreys Personnel”) liable for any instruction, advice or services delivered which originated through the App or any activity that You engage in as a result of using the App and You release Godfreys from liability for any damages, costs, actions, claims and/or controversies that have arisen or may arise, whether known or unknown therefrom; and
9.2.2 You release Godfreys Personnel from all damages, losses, actions, costs, claims, demands and causes of action whatsoever at law, in equity or under statute which You or anyone claiming through You may have, or might at any time have or have had against any Godfreys Personnel in respect of, arising out of or resulting from Your download, use or attempted use of the App.
10. General principles of use
10.1 Godfreys is not responsible for the content of any data on or accessed through the App that is not originated by Godfreys. Godfreys exercises no direct supervision or control over the content of such data. Godfreys does not assume any responsibility for data not actually provided or expressly authorised by it. The responsibility for data that does not conform to these Terms and any and all possible consequences lies with the provider or sender of the data.
10.2 Godfreys reserves the right, but has no obligation, to monitor the material or data submitted through the App. Without notice to You, Godfreys may remove, amend or alter any material or data in the App which, in the reasonable opinion of Godfreys, is considered to be:
10.2.1 offensive, including but not limited to explicit images or offensive language;
10.2.2 advertising by a User which is either not associated with Godfreys or has not been approved by Godfreys;
10.2.3 defamatory;
10.2.4 racist or supports terrorism;
10.2.5 infringing a third party’s intellectual property or other rights; or
10.2.6 not within the letter or spirit of these Terms.
10.3 You are able to download the App on any number of Devices however the App can only be logged in on one device at a time.
10.4 You must comply with all third party service providers terms of use (for example, software providers and network service providers) when using the App, and You indemnify Godfreys for any loss or damage suffered by it arising from Your failure to comply with the terms of use of any third party service providers.
11. Acceptable uses
You must use the App responsibly and within the law. It is Your responsibility to:
11.1 use the App in a manner that does not violate any applicable laws or regulations;
11.2 use the App in compliance with the App’s safety implementations and settings;
11.3 respect the legal protection afforded by copyright, trade mark, license rights and other laws to data accessible via the App;
11.4 use the App in a manner which does not interfere with or disrupt other Users, services or equipment;
11.5 refrain from acts that waste resources or prevent other Users from receiving the full benefit of the App; and
11.6 use the App lawfully, ethically and in accordance with accepted community standards.
12. Unacceptable uses
12.1 You agree that You are responsible for Your own conduct while using the App, and for any consequences arising from such conduct.
12.2 You must not use the App in any way that breaches local, state, federal or international laws or regulations. Without limiting that, You must not:
12.2.1 violate copyright, trademark or other intellectual property rights of Godfreys or any third parties;
12.2.2 illegally store, use or distribute software owned by or licensed to Godfreys;
12.2.3 transmit threatening, obscene or offensive materials;
12.2.4 commit fraud;
12.2.5 gain unauthorised access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the Internet;
12.2.6 damage, modify or destroy any of Godfreys’s or any other person’s files, data, passwords, devices or resources;
12.2.7 make an unauthorised transmission of confidential information or data which is protected by trade secrets;
12.2.8 engage in misleading or deceptive on-line practices;
12.2.9 store any other User’s personal information without their prior consent;
12.2.10 impersonate any person, or misrepresent Your identity or affiliation with any person; or
12.2.11 attempt to do any of these things.
12.3 You must not use the App to interfere with or disrupt the App or other Users, services or equipment. In particular, for example, You must not:
12.3.1 initiate or spread computer worms, viruses or other types of malicious programs;
12.3.2 make transmissions of any type or quantity which adversely affect the operation of the App or jeopardise the use of the App, or its performance for other Users;
12.3.3 harass or impersonate Godfreys, the App or other Users;
12.3.4 engage in conduct that causes a threatened or actual nuisance to other Users of the App;
12.3.5 violate or attempt to violate the security of the App or other Users;
12.3.6 avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Godfreys or any of Godfreys’s providers or any other third party (including another user) to protect the App; or
12.3.7 attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide and operate the App and the services.
13. Godfreys’s rights
13.1 To the maximum extent permitted by law, you must indemnify Godfreys, the Godfreys Personnel and any other party with whom Godfreys has a contract in relation to the App (“other party”) against all damages, losses, actions, costs, claims, demands and causes of action whatsoever at law, in equity or under statute that Godfreys or the other party suffers or incurs as a result of any breach of these Terms by You.
13.2 Without limiting any of Godfreys’s other rights, if You breach any term of these Terms, Godfreys will have the right to:
13.2.1 confiscate or destroy or require You to return or destroy, at Your cost, all material that You have obtained from the App;
13.2.2 require You to delete or otherwise permanently remove from any electronic device, information You have obtained from the App, using any means reasonably necessary;
13.2.3 suspend or terminate Your access to the App; and
13.2.4 take any other action against You.
14. What Godfreys may do to ensure that these Terms are being followed
14.1 Godfreys may (but is not obliged to) monitor Your use of the App to determine whether these Terms are being followed. If Godfreys monitors Your use, Godfreys will safeguard Your privacy unless doing so would involve Godfreys concealing a criminal offence or inhibit the enforcement of these Terms.
14.2 If Godfreys becomes concerned that Your use of the App may break the law or is inconsistent with these Terms, Godfreys will generally attempt to contact You before taking action.
14.3 If Godfreys believes that Your use of the App may break the law or that You have not complied with these Terms Godfreys may:
14.3.1 notify You by email;
14.3.2 suspend or terminate Your access to the App without notice; and/or
14.3.3 notify and provide relevant information to the authorities, as appears appropriate in the circumstances.
14.4 If Godfreys takes action under clause 13 or this clause 14 of these Terms, Godfreys reserves the right, in its sole discretion, to delete any or all of Your data, software or other content stored on Godfreys’s system.
15. Limitations
15.1 Whilst Godfreys will make all commercially reasonable efforts to post a warning on the App, Godfreys may from time to time suspend any or all of the services provided on the App or disconnect or deny access to the App, without notice to You during any technical failure, modification or maintenance affecting the App, provided that Godfreys will use commercially reasonable endeavours to procure the resumption of the App as soon as reasonably practicable.
15.2 Without notice to You, Godfreys may remove, amend or alter any material or data in the App upon being made aware of any claim or allegation or risk of a claim or allegation that any such material or data is unlawful, defamatory, offensive or otherwise in breach of a third party’s rights.
15.3 Godfreys will not be responsible for any interruption to or reduction or lack of performance in the App however caused, but Godfreys will use commercially reasonable endeavours to maintain the performance of the App where this is within Godfreys’s direct control.
15.4 Godfreys does not warrant that the App will operate error-free or that the App and its server are free from computer viruses or other harmful mechanisms.
15.5 To the maximum extent permitted by law, Godfreys will not be liable to You in any way for any costs, damages (including indirect or consequential damages), liabilities, claims, actions or proceedings which You may suffer or incur directly or indirectly as a result, of or in connection with the App or Your use of it or any data on it.
15.6 Godfreys will not be responsible for any inability of Your Device to access or use the App, or for any loss or damage to Your Device resulting from Your access or use, or attempted access or use, of the App (including downloading any associated applications for the App).
16. Termination
16.1 These Terms are effective until terminated in accordance with this clause. Godfreys may terminate these Terms at any time and without any liability to You. Upon or at any time after termination for any reason, You must destroy all copies of the App if required by Godfreys.
16.2 Upon any termination, the rights and licences granted to You by these Terms will terminate and You must cease all use of the App.
16.3 All provisions of the Terms which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
17. General
17.1 Godfreys may assign, novate, sub-licence or otherwise transfer its rights in respect of these Terms without Your consent.
17.2 This Agreement constitutes the entire agreement between You and Godfreys.
17.3 No right under these Terms will be deemed to be waived except by notice in writing signed by each party. A waiver by Godfreys pursuant to this clause will not prejudice its rights in respect of any subsequent breach of these Terms.
17.4 If any provision of this Agreement is held to be invalid, unenforceable or illegal for any reason, these Terms will remain otherwise in full force apart from such provisions which will be deemed to be deleted.
17.5 These terms are governed by the laws of Victoria, without regard to conflict of law rules. The User irrevocably consents to the non-exclusive jurisdiction of the courts of Victoria for the purpose of any legal action arising out of or related to the use of the App or these Terms.
18. Contact Godfreys
Any questions, complaints or claims regarding these Terms or the App should be directed to Godfreys at any of the following contact points:
Email: customerservice@hoover.com.au
Postal: Electrical Home-Aids Pty Ltd, Building 3, Brandon Business Park, 530 Springvale Road, Glen Waverley, Victoria, 3150.
SCHEDULE
HOOVER RANGER ROBOT VACUUM PRIVACY STATEMENT
(“Privacy Statement”)
1. Godfreys will collect, hold and use Your personal information in accordance with this Privacy Schedule.
2. By voluntarily providing Your personal information, You agree to allow Godfreys to collect personal information about You, including information that is considered to be sensitive.
3. You agree to allow Godfreys to use Your contact and personal information to send to You information about Godfreys and the App, including any additional services offered by Godfreys. You may opt out of receiving future mailings, or be removed from our database by contacting Godfreys at customerservice@hoover.com.au.
4. Godfreys may collect, use and/or hold the following kinds of personal information:
4.1 contact information such as name, postal address, private address, email address, telephone numbers and date of birth;
4.2 financial details, including bank account details, tax file number and credit card details;
4.3 location information and data while the App is in use; and
4.4 any other personal or private information voluntarily provided by You through the App.
5. Personal information is collected, held, used and disclosed by Godfreys for the following purposes:
5.1 to provide our products and services to You, including support services for each;
5.2 to respond to queries about our products and services;
5.3 to provide further information about Godfreys, the project(s) we are undertaking with You and any other information You may require from time to time;
5.4 to market or promote our services directly to You (unless requested otherwise);
5.5 to verify an individual’s identity;
5.6 to resolve a complaint; and
5.7 to process payments.
6. Location information is only collected and used while the App is in use. Godfreys does not retain or store User location information.
7. Godfreys collects the information voluntarily supplied by You through the App. If the information is not collected, Godfreys may not be able to provide You with the products or services requested.
8. Godfreys holds all information in electronic form. We store information in electronic cloud based databases requiring logins and passwords.
Personal Information may be stored on Amazon Cloud Servers located outside Australia. Godfreys does not disclose information to overseas entities.
9. Godfreys is committed to keeping the personal information You provide us and store in the App secure and we will take all steps reasonable in the circumstances to protect Your personal information from loss, misuse, interference, unauthorised access or alteration. We aim to achieve this through:
9.1 imposing confidentiality requirements on our employees;
9.2 implementing policies in relation to information storage security;
9.3 implementing security measures to govern access to our systems; and
9.4 implementing measures within the App.
10. Unless expressly stated otherwise at the time of collecting the information or as required by law, we will destroy any information provided to us once the relevant activity, program or purpose for which it was collected has been completed.
11. Godfreys has a duty to keep our Users’ information confidential. Our duty of confidentiality applies except where we have consent to disclose information, the disclosure is permitted under the Australian Privacy Principles or is compelled by law.
12. Godfreys will only use Your personal information for the purpose for which it was collected (“primary purpose”) or a purpose related to the primary purpose, if this use would be reasonably expected by You, or otherwise, with Your consent.
13. Godfreys may disclose Your information to necessary third parties, who assist us to provide, manage and administer our services and products. In which case, Your information will be dealt with in accordance with that entity’s privacy policy. People we may disclose your information include:
13.1 third parties that provide goods and services to us or through us;
13.2 third parties such as marketing or digital agencies; and
13.3 our website host or software application providers.
14. We do not disclose Your personal information to overseas recipients other than as necessary to facilitate Your disclosure of Your personal information through the App.
15. You are able to access and adjust Your personal information stored on the App at any time
16. You can contact us at any time to request access to Your information or for Your information to be corrected or updated. Please direct Your request to the Privacy Officer at
customerservice@hoover.com.au (“Privacy Officer”).
17. Godfreys will take appropriate steps to verify Your identity (or verify that You act as a legal guardian or authorised agent of the individual concerned) before granting a request to access Your information.
18. We will respond to Your request for access to Your information within a reasonable time after You make the request and if access is granted, access will be provided within 30 days from Your request. Godfreys will, on request, provide You with access to Your information or update or correct Your information, unless the Privacy Act 1988 (Cth) provides an exception to us granting Your request, including if:
18.1 giving access would be unlawful;
18.2 we are required or authorised by law or a court/tribunal order to deny access; or
18.3 giving access is likely to prejudice one or more enforcement related activities conducted by an enforcement body.
19. Where Your request for access is accepted, we will provide You with access to Your information in a manner, as requested by You, providing it is reasonable to do so.
20. Your request for correction will be dealt with within 30 days, or such longer period as agreed by You. If we deny Your request, we will provide You with a written notice detailing reasons for the refusal and the process for making a complaint about the refusal to grant Your request.
21. Upon accepting a request for correction of Your information, we will take all steps that are reasonable in the circumstances, having regard to the purpose for which Your information is held, to correct Your information.
22. You can deal with Godfreys anonymously or using a pseudonym when making a general enquiry about the services and or goods that we can offer to You.
23. If You believe that Godfreys has breached these Terms or the Australian Privacy Principles You may submit a written complaint. The written complaint can be emailed to us at customerservice@hoover.com.au. You must include contact details for us to contact You regarding Your complaint.
24. Our Privacy Officer will consider Your complaint and respond as soon as reasonably possible, but not more than 30 days from receiving the complaint.
25. If You are unsatisfied with the outcome of Your complaint You may ask the Privacy Officer to be referred to a higher authority within the company, such as a director. If You still remain unsatisfied with the outcome, You may refer Your complaint to the Office of the Australian Information Commissioner to be resolved.
If You wish to gain access to your personal information, make a complaint about a breach of your privacy or contact us with a query about how your information is used or collected; contact us regarding any other matter concerning this statement, you can speak directly with any members of the Godfreys team who will do their best to try to resolve your issue as simply and as quickly as possible. Alternatively, you can write to us or send us an email so that our Privacy Officer can consider the matter. We will respond to you as soon as reasonably practicable.
26. For more information on privacy see the Office of the Australian Information Commissioner's website at: http://www.oaic.gov.au.