1. Provider and scope of application
2. Object of the contract
2.1 The object of the contract is the provision of the app in its form provided. Lidl is under no obligation to upgrade or update the app.
2.2 The User is aware that the use of specific functionalities of the app requires an existing data connection in the mobile device. To avoid accruing unnecessary connection costs, it is recommended that the User uses the app only where there is a WIFI connection, or to dispose of a data flat rate.
2.3 The app can be used for mobile phones to manage Lidl Smart Home devices. The app can be downloaded via an App Store (Apple Store or Google Play) to a mobile device (Smartphone), to manage Lidl Smart Home devices using the mobile device. The device to be managed must be located within the contractual area, i.e. in Germany.
2.4 The User is not entitled to maintenance of the app or individual offers in the version existing upon contract conclusion. Lidl reserves the right to discontinue the offer or parts thereof, to the extent that this is justified for technical and/or economic reasons.
2.5 Lidl cannot guarantee that the app offered will be made available at all times without interruption, timely, secure and free from faults or delays. The User recognizes that there may be temporary unavailability of the app, whether for reasons of force majeure or due to technical incidents, interruptions or changes, whether caused by Lidl or third parties.
3. Registration, contract conclusion
3.1 The use of the app requires registration by the respective User. The registration required for this can be carried out via the app after downloading it. The use of the app is restricted to private domestic use; commercial use is not permitted.
3.2 Only Users who have reached the age of 18 years at the time of use, and who are fully legally competent, are entitled to register –those with restricted legal competence, in particular, minors – are entitled to register with the consent of their legal guardian. With the registration, the User expressly declares that she or he is of full age and is fully legally competent or in the event of that she or he is a minor, has the consent of his or her legal guardian.
3.4 After the registration, Lidl sets up a member account for the User, by means of which the User can implement the management of Lidl Smart Home devices.
3.5 The member account is non-transferable and cannot be inherited.
4. Access data and passwords
4.1 The User undertakes to keep its password secret and to inform Lidl immediately in writing or by email if unauthorized third parties obtain knowledge of the User’s password. The User is responsible for all actions, which third parties carry out using his or her password, insofar as the User has culpability for this.
4.2 The User shall inform Lidl immediately of any misuse of the password or member account and of any other breach of security provisions and shall be liable to Lidl for misuse of the member account for which the User is culpable.
5. Grant of rights
6. The User’s obligations to cooperate
6.1 Owning a compatible Lidl Smart Home device is a prerequisite for the use of the app. An overview of the devices covered is set out at [insert web address]. The User is responsible for the proper installation and connection of the Smart Home devices to the home network.
6.2 Further technical prerequisites of the app (e.g. supported operating systems and end devices) are shown in the description of the app in the app store.
6.3 Functional capability and functional reliability of the app in conjunction with the devices to be managed can only be ensured by regular installation of the updates provided. The User undertakes to install the updates for the app without delay, to maintain the function of the app, insofar as installation is not unreasonable.
7. Term and termination
7.1 The User Contract is concluded for an unlimited period of time and can be terminated at any time by the User and by Lidl. The User can delete his or her My Lidl-Account at any time within the context of account management and thereby terminate his or her User Contract.
7.2 The right of the Parties to extraordinary termination for good cause remains unaffected.
8. Contents, intellectual property
The contents provided in the app are protected in favor of Lidl or third parties under copyright and/or trademark law or by other property rights. All contents and texts, in particular including layouts, designs, images, illustrations and other information (hereinafter referred to collectively as “contents”) in the contents made available by Lidl and in the subscribed updates are the property of Lidl or third parties and subject to copyright law and, where applicable, further legal provisions to protect intellectual property. Without prejudice to mandatory legal provisions, it is therefore not permitted to reproduce, distribute, publish, communicate, amend or to edit, store, transfer these contents, in whole or in part, nor to create derivative works or to permit third parties to use the contents. Without the permission of Lidl, it is not permitted to use the contents for the publication or communication of advertising or other sales-promoting materials or to motivate third parties to access or make use of specific goods or services. The use of contents or parts thereof for commercial use of any nature whatsoever is not permitted, in particular, by resale, imitation, reproduction or distribution for commercial purposes. Use of the contents for the purposes of illegal activities is also not permitted.
9. Warranty and liability for free software
9.1 Lidl shall only be liable to the User for material and legal defects, on any legal basis whatsoever, to the extent that Lidl has fraudulently concealed the material or the legal defect.
9.2 Further, Lidl shall only be liable to the User for damages, which are caused by intentional or grossly negligent breach of contractual obligations by Lidl, or which are based on culpable injury to life, physical integrity or health. Any applicable liability of Lidl in accordance with the German product liability law shall remain unaffected.
11. General provisions
11.1 For all legal relations between the User and Lidl in relation to use of the app and in relation to the User Contract concluded, the law of the Federal Republic of Germany shall apply, to the exclusion of German conflict of laws provisions and the UN provisions on International Sale of Goods (CISG) and Related Transactions.
11.3 Lidl does not participate in dispute resolution proceedings before a consumer arbitration board.