Terms and conditions GDPR

Here you can read about what the GDPR protection of personal data reform implies for you as a customer and user of our Adax products and related technology.

Terms and conditions GDPR

What is GDPR?

The EU’s new privacy reform, better known as the GDPR (General Data Protection Regulation), is created to improve your data security across European land borders in EU and EEA countries.

Adax places great importance on the security of its users’ data and compliance with data protection provisions. The collection, processing and use of personal data is subject to the provisions of current legislation and the EU Data Protection Directive. Your privacy is important to us, and so is being transparent about how we collect, use, and share information about you.

All new customers who download and use the Wi-Fi application will need to approve our Terms and Conditions. For existing customers, they will automatically see the Terms and Conditions when they open the application. For further information and details, read our Terms and Conditions GDPR below.

For further queries, please send us an e-mail at info@adax.no

 

Terms & Conditions of Use for ADAX WiFi App

Last updated: 6 November 2024

These Terms and Conditions of Use (the “Terms of Use”) apply to your use of the App (as herein defined). These Terms of Use, in addition to any document referred to herein, form our legal agreement between you and ADAX AS Company (the “Agreement”).

Your use of the App is subject to the terms of the Agreement which includes our IoT Privacy Statement, IoT Cookie Statement and any other terms or conditions of ADAX IOT platform which may be notified to you from time to time.

In order to use any App you are required to accept these Terms of Use. By selecting the “I Agree” option when you first create an account on the App or when you first login to the App, you agree to the terms of the Agreement. Your right to use the App is expressly conditioned on acceptance of the Agreement. If you do not wish to be bound by the Agreement, then you may not create an account on the App or use the App.

1. Information about us

By downloading, accessing and/or using the App, you are contracting with ADAX AS Company (registered number 991 678 891) with a registered address at Myhres gate 1 NO-3060 Svelvik, Norway (“ADAX”, “we”, “ours” or “us”).

2. Definitions

In these Terms of Use the following expressions shall have the following meanings:

“Account” means the personal account set up for you on the App when you register with it.

“App” means any of the mobile apps in the ADAX IoT platform (including, but not limited to, the “ADAX WiFi”, “Glamox WiFi”) available on a user’s smart device, web portal and any other means provided by ADAX from time to time, including any App made available by ADAX during an App trial.

“App trial” means the trial, pre-release development versions of the App that may be available by ADAX to a limited number of users for a limited time period at ADAX’s sole discretion and for the sole purpose of testing and providing input and other feedback, the use of which is subject to the terms of the Agreement.

“Applicable Law” means any law and any legally binding rule, policy, guidance or recommendation issued by any governmental, statutory or regulatory body and any legally binding industry code of conduct or guideline which applies to the parties to this Agreement or relates to this Agreement which is in force from time to time.

“Australian Consumer Law” means Schedule 2 of the Australian Competition and Consumer Act 2010 (Cth).

“ADAX” means any member of the ADAX, which includes, but is not limited to ADAX AS.

“ADAX Connected Products” means the appliances made available by ADAX or its subsidiaries or affiliates which are installed in your property which includes, but is not limited to, the ADAX heat product range.

“Documentation” means the tutorials, user manuals and other documents accompanying or made available with the App.

“Effective Date” means the date of conclusion of the Agreement which is when you first access the App in accordance with these Terms of Use.

“Intellectual Property Rights” means any ideas (whether or not patentable), inventions, discoveries, processes, works of authorship, marks, names, knowhow, and any and all rights in such materials throughout the world, whether existing under statute, common law or equity, now or hereinafter recognized, including but not limited to (i) patents, designs, inventor’s certificates, utility models, copyrights, moral rights, trade secrets, mask works, trade names and marks, service marks, trade dress, domain names, confidential Information and know-how; (ii) any application or right to apply for any of the rights referred to in clause (i); and (iii) all renewals, extensions, and restorations, now or hereafter in force and effect for any of the rights referred to in clause (i).

“IOT Platform” means the connected services which include the ADAX WiFI , Glamox Heating WiFi Apps, the connected feature of the ADAX Connected Products and any other applications and/or platforms made available to you by us from time to time.

“New Zealand Consumer Law” means the New Zealand Fair Trading Act 1986 and the New Zealand Consumer Guarantees Act 1993.

“Term” means the duration of the Agreement and for the purposes of an App trial, the duration of the App trial, in each case which shall commence on the Effective Date and which shall end on the date either party terminates the Agreement in accordance with these Terms of Use.

 

3. The Apps

ADAX is a manufacturer, wholesaler and distributor for an extensive range of premium quality heating products for residential homes and apartment developments. ADAX has created the App to be used with ADAX Connected Products. The App allow users to control and/or manage their ADAX Connected Products.

We provide a number of different Apps including ADAX WiFi, Glamox Heating WiFi.

All the Apps, depending upon the specification of the product connected to and under the control of the App,  allow primarily the configuration of product settings, control of time schedules and temperature settings and the monitoring of product plus environment data.

During the Term of the Agreement, we shall provide the App in conformity with this Agreement and in accordance with our obligations under Applicable Law.

4. Account creation

To use the App you are required to have an Account with us in respect of the relevant App. You can create an Account with us by providing us with certain information including your name, email address and/or phone number. You will be required to create a secure password. Successful registration will require you to accept these Terms of Use. Your Account will be created once you complete an online registration form in accordance with the instructions provided.

In relation to your Account, you represent and undertake that:

  • all required information you submit is truthful and accurate and you will maintain the accuracy of such information;
  • you will not allow any Account profile to be used by any other unregistered user unless it has been reassigned by us in its entirety to another individual and that individual expressly agrees to be bound by the Agreement, in which case the prior individual shall no longer have any right to access or use the Account;
  • you shall keep a secure password for use of the Account, that such password shall be changed as frequently as is required by us in our absolute discretion, and that you shall keep the password confidential; and
  • you agree that ADAX AS or any of its licensors and/or agents may audit the Account in compliance with Applicable Law, in order to establish compliance with the Agreement and if any of the audits referred to above reveal that any password has been provided to any individual who is not registered to an Account, then without prejudice to our other rights, you shall promptly disable such passwords and we may not issue any new passwords to any such individual.
    To the maximum extent permitted by Applicable Law and without prejudice to any rights you may have under Applicable Law, ADAX, its licensors and/or its agents are not liable for any costs, expenses, liabilities, losses or damages caused by your failure (or the failure of anyone acting on your behalf) to maintain the confidentiality of your Account credentials. It is your sole responsibility to keep your Account information up to date in your account settings.

We may disable your access to your Account or to any material on the App if you are and/or we reasonably suspect that you are materially failing to comply with any of the provisions of these Terms of Use and/or there is any actual or suspected illegal or improper use of the App.

5. Grant and scope of licence

  • In consideration of you agreeing to abide by the terms of the Agreement, ADAX AS hereby grants to you, for the Term, a limited, personal, non-exclusive, non-transferable, non-sub-licensable licence to create an Account and to access and use the App, which is provided to you, solely for your personal use as permitted in these Terms of Use
  • Subject to the limited rights expressly granted above, ADAX AS and its licensors or suppliers reserve all right, title and interest in and to the App, its underlying technology and all intellectual property and proprietary rights therein. You acknowledge that no licences or rights are granted to you by implication or otherwise in respect of the App, other than those expressly set forth in these Terms of Use. You agree not to remove, change or obscure any intellectual property or other proprietary notices incorporated in or accompanying any App. You agree to abide by all applicable national and international laws in connection with the use of the App, including those related to data protection, privacy, international communications and the transmission of technical or personal data and personal information.
  • ADAX AS may make services available to you that are provided, in whole or in part, by other parties. Although ADAX AS may offer this opportunity, you acknowledge that any third party services that you use in connection with the App are not part of the App. You further acknowledge that these terms do not apply to any third-party service providers and that your use of those services may require you to agree to additional terms with the third party service provider.
  • You shall as soon as reasonably practicable notify us if you become aware of any use of the App other than in accordance with these Terms of Use, the Documentation, the Agreement and all applicable laws, rules and regulations. Without limiting the generality of the foregoing, you shall not, and shall as soon as reasonably practicable notify us if you become aware of any third party that does or attempts to: (i) de-compile or reverse engineer the App; (ii) sell, re-licence, distribute or commercially exploit the App and/or Documentation; (iii) except as expressly permitted by the Agreement, make the App or Documentation available through any means or media without our prior written approval; (iv) except as expressly permitted by the Agreement, copy, modify, publish, transmit, participate in the licence or relicence, transfer or sale of, reproduce, create derivative works from, distribute, perform, display or in any way exploit the App and/or Documentation, in whole or in part, without our prior written consent; or (v) engage in any activity that interferes with or disrupts the App (or the servers and networks connected to the App).
  • You must be 18 or over to accept these Terms of Use and use the App.
  • We are giving you personally the right to use the App. You may not transfer the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from the device.
  • By using the App, you agree to us collecting and using anonymised technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any services to you.
  • We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with it.

6. Location data

  • By consenting to location services, the App will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on your device. Please see our Privacy Policy for further information.
  • You may stop us collecting such location data at any time by turning off the location services settings on your device.

7. Necessary Equipment

  • Full use of the App is dependent upon your use of a device with bluetooth access and the purchase a ADAX Connected Product which can be connected to the App. You are responsible for configuring your mobile device to ensure access to the App. The battery life of your device may diminish more quickly when using the App.
  • In order for the App to operate fully, your device may need to be connected to certain wireless and/or communication-based technologies. There may be delays, limitations and other problems inherent in the use of the Internet and wireless and/or communication-based technologies. We are not responsible for any delays, failures or other damages resulting from such problems and/or the costs/charges associated with internet data usage.
  • The maintenance and security of your device may affect the performance of the App and it is your responsibility to ensure your device’s functionality is compatible and for making all arrangements necessary for you to have access to the App.
  • Internet transmissions are never completely private or secure. Any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. You should use your own virus protection software.
  • You are solely responsible for the maintenance and upkeep of the ADAX Connected Products.

8. Informational purposes only

The App and Documentation is provided for informational purposes only. It does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or Documentation. Although we make reasonable efforts to update the information provided by the App, to the maximum extent permitted by applicable law, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

9. Restricted Uses

In relation to the App, you shall:

  • not use the App for any commercial or business purposes;
  • not licence, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the App, whether in whole or in part, or any content displayed on the App;
  • not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the App;
  • not access or view the App in order to build a similar or competitive website, product, or service to the App;
  • not provide false data including false names, addresses, contact details and fraudulent credit card/debit card details;
  • not enter into fraudulent or deceptive interactions or transactions with ADAX (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
  • not transfer your account to another user or maintain more than one account with us without our consent;
  • not use the App in any way that is unlawful, fraudulent or deceptive, or has any unlawful, fraudulent or deceptive purpose or effect;
  • not sell any products or services purchased through ADAX, without our express permission;
  • not intercept any communications transmitted by way of a telecommunications system and/or information society service;
  • not execute any form of network monitoring which will intercept data not intended for you;
  • not copy, reproduce, distribute, republish, download, display, post or transmit the whole or any part of the App in any form or by any means, except as otherwise permitted in the Agreement;
  • ensure your use of the App at all times complies with all applicable laws, rules and regulations and is strictly in accordance with the Agreement;
  • not use the App to upload, post, share or otherwise make available on the App any content and/or materials protected by proprietary rights without the express permission of the owner of such proprietary rights.
  • display and retain all copyright and other proprietary notice on the App (or on any content displayed on the App) and such must be retained on all copies thereof.
  • not use the App to transmit, or procure the sending of, any unsolicited or unauthorised advertising, promotional material, chain letters, mass mailings or any other form of similar solicitation (spam) or of any material that is illegal, offensive, abusive, indecent, defamatory, obscene, menacing or in breach of proprietary rights, confidence, privacy or any other right, or is injurious to third parties;
  • not attempt to gain unauthorised access to the App, its facilities and/or services or any accounts, databases, computer systems, servers and networks connected to the App and the server on which our App is stored. You shall not attack the App via a denial of service attack. You will not misuse the App by knowingly or recklessly introducing viruses, trojans, worms, logic bombs, harmful data or other materials which is malicious or harmful. By breaching this provision, you may commit a criminal offence and we may report any such breach to the relevant law enforcement authorities and it will co-operate with those authorities. In the event of such a breach, your right to use the App will cease immediately;
  • not use the App to harvest or otherwise collect by any means any program material or any information whatsoever (including without limitation email addresses or other personal details of other users);
  • provide us with accurate and complete information and acknowledge that our ability to deliver the App is dependent upon your cooperation, as well as the accuracy and completeness of any information you provide to us;
  • not access the App through the use of any mechanism other than through the use of an authorised connection; and
  • use reasonable endeavours to prevent any unauthorised access to, or use of, the App, and, in the event of any such unauthorised access or use, immediately without delay notify us in writing by email to the relevant email address provided in the Contact Us section below and shall immediately without delay telephone us to ensure the email communication has been received.
    By breaching this provision, you could potentially commit a criminal offence. Where required by Applicable Law, we will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities to the fullest extent permitted under Applicable Law. In the event of such a breach, your right to use the App will cease immediately.

Without prejudice to our obligations under this Agreement or under Applicable law, we are not responsible for any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material when (i) they are caused by you, or (ii) due to your use of our App which is not in accordance with this Agreement, or (iii) you download or click on any Third Party Links or Ads. For the avoidance of doubt, this does not affect any rights you may have under the applicable law in your jurisdiction.

10. Intellectual property ownership

  • The Agreement does not transfer any Intellectual Property Rights from ADAX AS to you. Except for the express licences granted herein, all right, title and interest (including Intellectual Property Rights) in and to any Intellectual Property Rights owned, created or independently developed by ADAX, including, but not limited to, ADAX WiFi App, Glamox Heating WiFi App and any derivative work, customisation, modification or enhancement thereof (including all Intellectual Property Rights in any of the foregoing), whether developed prior to, during, or after the Agreement, will remain solely with ADAX AS and its licensors. We grant no implied licences hereunder.
  • You may provide suggestions, comments or other feedback relating to the App (“Feedback”). Your Feedback, even if designated as confidential, shall not, absent a separate written agreement, create any confidentiality obligation for us. ADAX AS shall be free to use, disclose, reproduce, licence or otherwise distribute and exploit such Feedback as it sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.
  • The content on this app, including all information, text, graphics, images, hyperlinks, illustrations, designs, icons, photographs, documents, products, computer programs, services and written and other materials (collectively, the “Materials”), and such information is for general guidance purposes only.
  • Unless otherwise noted, all Materials are copyrights, trademarks, trade dress and/or other intellectual properties owned by, controlled by or licensed to ADAX or third parties (hereinafter, the “Third-Party Providers”).
  • Except as stated herein, and to the extent permitted by Applicable Law, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of ADAX or the Third-Party Provider.
  • You may print and may download copies of Materials from the App for your personal reference.
  • You must not modify the paper or digital copies of any Materials you print or download in any way, and you must not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text.
  • You also may not, without ADAX’s prior express written permission, “mirror”, screen-scrape or frame by any other similar method, any Material contained on the App on any other server.
  • Any use of these Materials on any other app, website or networked computer environment for any purpose is prohibited. Any unauthorized use of any Materials contained on the App may violate copyright, trademark, and other laws, including but not limited to laws of privacy and publicity, and may result in severe civil and criminal penalties.
  • You must not use any part of the materials on our App for commercial purposes without obtaining written prior permission from our licensors or us. If you are in breach of these Terms of Use, your right to use our App will cease immediately and you must, at our option, return or destroy any copies of the Materials you have made.

11. Enforcement Rights

We are not obligated to monitor the access or use of the App, but we reserve the right to do so for the purpose of operating the App, to ensure compliance with these Terms of Use, and to comply with Applicable Law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities where we are required to do so under Applicable Law; and pursuant to valid legal process, we may cooperate with law enforcement authorities as part of an investigation and/or to prosecute users who violate the law. In addition to any of our other rights or remedies, we may suspend or terminate your access to all or a portion of the App, if we suspect that your use of the App is harming or threatening to harm ADAX’s systems, or in our reasonable opinion you have materially violated these Terms of Use. We may investigate, in accordance with any Applicable Law, any violation of these terms and any conduct that affects the App.

12. Service Updates

We seek to continuously improve the App and while doing so we may add, remove or modify certain features, functionalities and/or components of the App, start offering new services or stop certain old services through the App. During the Term, we may inform you of the availability of, and supply you with, updates to the App (including security updates) to ensure that the App continues to perform in accordance with our obligations under this Agreement and under Applicable Law. We reserve the right to determine the timing and content of software updates, provided that we will ensure that we comply with our requirement to supply the App in conformity with this Agreement. Updates may be automatically downloaded and installed by the App without any action on your behalf. Where we notify you of any update and the consequences of failure to install an update we will not be liable to you for any lack of conformity in respect of the App due to your failure to install such update within a reasonable time or due to your incorrect installation of the update (where such incorrect installation is not due to any act or omission by us). If you chose not to install updates or if you opt out of automatic updates you may not be able to continue using the App with all functionalities and/or features.

To the maximum extent permitted under Australian Consumer Law or New Zealand Consumer Law, you agree that your obligations are neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written comments made by us with respect to future functionality or features.

13. Modifications

For the Term of the Agreement, the App is made available to you for your personal use. In accordance with our obligations under this section, we may modify the App, beyond what is necessary to maintain the App in conformity with the Agreement, in the following circumstances:

  • to comply with Applicable Law;
  • to address security issues;
  • to address operability issues;
  • to address changes in circumstances beyond our reasonable control;
  • to address any IP issues;
  • to address any changes required to reflect changes to ADAX Connected Products; and/or
  • to adapt to new technologies.

All such modifications will be made without cost to you. We will inform you reasonably in advance of any such modification of (i) the features and time of the modification, (ii) any rights you have to terminate the Agreement and (iii) the possibility to maintain the App without such modification. You shall have the right to terminate this Agreement if the modification adversely affects your access to or use of the App. However, the foregoing right of termination shall not apply if such negative effective is minor or we have enabled you to maintain an unmodified version of the App without additional cost and there is no lack of conformity with the unmodified App.

14. Changes to the Agreement

We shall not alter the information provided in sections 1, 3, 19, 20, 22.8 and 22.9 without your express agreement. If you do not agree to such changes, you may withdraw from the Agreement and in such an event you must cease all access and use of the App.

Except as set out above, we reserve the right to amend, modify, update or substitute any other section of the Agreement at any time:

  • to accurately reflect the App and the services made available therein;
  • to reflect any changes in circumstances which are beyond our reasonable control;
  • to reflect changes in the law and comply with Applicable Law;
  • to reflect any new developments we make including any new technologies; and/or
  • to address a security issue.

Any amendment, modification, update or substitution shall be notified to you by email and/or when you next log into your account. You have the right to withdraw from the Agreement if you do not accept any amendments, modifications, updates or substitution of any of the provisions of the Agreement and in such an event you must cease all access and use of the App. By continuing to use the App after we post or otherwise notify you of any changes, you accept and agree to the terms and conditions, as modified.

15. Links

The App may contain links to third party websites, plugins, applications, resources, services and/or display advertisements for third parties (together, “Third Party Links and Ads”). Such Third Party Links and Ads are not under our control. We do not endorse such third parties or Third Party Links and Ads. Except where an act or omission by us causes the App to be restricted or limited, we are not responsible for: (a) the availability or accuracy of such Third Party Links and Ads; or (b) the contents, products or services on or available from such Third Party Links and Ads. Your use of Third Party Links and Ads is at your own risk and is subject to the terms and conditions of the applicable third party. We provide Third Party Links and Ads for your convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Links and Ads. You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them. If you have any issues with Third Party Links and Ads we recommend that you contact the third party service provider.

16. Limitation of liability

  • Nothing in the Agreement will affect your statutory rights under Applicable Law which cannot be limited or excluded.
  • Nothing in the Agreement shall exclude or limit ADAX AS’s liability for death or personal injury resulting from its negligence or fraud or of its officers, representatives, their servants, agents, affiliates, employees or any other liability which may not be limited or excluded under Applicable Law including the Australian Consumer Law and New Zealand Consumer Law (in which case liability is limited to the maximum allowable by law).
  • Except as otherwise provided herein and under Applicable Law, ADAX AS, its affiliates, suppliers, licensors nor any other party involved in creating, producing or delivering the App makes no further express or implied warranties in respect of the App.
  • The views expressed in user generated content are the opinions of those users and do not represent our views, opinions, beliefs or values or any of our group companies.
  • The App is for consumer use only. To the maximum extent permitted under Applicable Law, save that nothing in the Agreement intends to or will limit your rights under the Australian Consumer Law or New Zealand Consumer Law to the extent it is not permitted, if you use the App for commercial, business or resale purposes we make no guarantees, warranties or representations in respect of the App (which is in such circumstances provided on an “as is” basis) and we will have no liability to you for any direct or indirect loss or damage howsoever caused, including loss of profit, loss of business, business interruption, or loss of business opportunity.

Where you are a consumer under the Australian Consumer Law or New Zealand Consumer Law, the following additional provisions shall apply:

  • SAVE WHERE ADAX AS IS LIABLE UNDER AUSTRALIAN CONSUMER LAW AND NEW ZEALAND CONSUMER LAW, IN NO EVENT SHALL ADAX AS NOR ANY OF ITS OFFICERS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY LOSS OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE, INABILITY TO USE OR RELIANCE ON ANY FACILITIES, SERVICES, PRODUCTS AND/OR CONTENT OFFERED THROUGH OR FROM THE APP, INCLUDING, BUT NOT LIMITED TO, DIRECT LOSS, LOSS OF DATA, WASTED EXPENDITURE, WORK STOPPAGE, SERVICE INTERRUPTION, COMPUTER FAILURE, SYSTEM FAILURE, DEVICE DAMAGE OR MALFUNCTION, LOSS OF INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES OR FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE WHATSOEVER, EVEN IF ADAX AS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE OR ADAX WAS INFORMED ABOUT THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
  • SAVE WHERE LIABILITY CANNOT BE LIMITED UNDER APPLICABLE LAW INCLUDING THE AUSTRALIAN CONSUMER LAW AND NEW ZEALAND CONSUMER LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF EITHER PARTY OR ITS AFFILIATES, EMPLOYEES OR AGENTS TO THE OTHER PARTY OR TO ANY THIRD PARTY FOR DAMAGES, DIRECT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT EXCEED AUD$1,000 REGARDLESS OF THE CAUSE OR FORM OF ACTION, AND WHETHER SUCH CLAIMS ARE GROUNDED IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
  • Certain goods and services come with the guarantees that cannot be excluded under Australian Consumer Law or New Zealand Consumer Law (as applicable). Under Australian Consumer Law, for a major failure with the service you are entitled to cancel your service contract with us. Under the New Zealand Consumer Law the right of redress available to you under Part 2 of the Consumer Guarantees Act 1993.
  • ALL CLAIMS, OTHER THAN CLAIMS UNDER THE AUSTRALIAN CONSUMER LAW OR NEW ZEALAND CONSUMER LAW, SHALL BE BROUGHT WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ARISES OR SUCH CLAIM IS BARRED.

17. Cookies

The App does not use cookies as set out in the Cookie Policy which is incorporated automatically by reference into the Agreement and forms a part of it, as amended from time to time.

18. Privacy

The Privacy Policy is incorporated automatically by reference into the Agreement and forms part of it, as amended from time to time.

19. Cybersecurity and PSTI Regulation UK 2023

The APP connects to products within the ADAX connected product suite which conform to UK regulation on Cyber Security, The Product Security and Telecommunications Infrastructure (Security Requirements for Relevant Connectable Products) Regulations UK 2023. The regulation requires a Statement of Compliance (SoC), calling up all relevant products and provides a defined period of support for critical security updates.

Download latest Statement of Compliance (SoC)

In addition as per the regulation ADAX provides a means for customers and responsible actors to report platform vulnerabilities

Download Vulnerability Disclosure Policy

20. Right of Cancellation

You have the right to cancel this Agreement within 14 days of the Effective Date without giving any reason. The cancellation period will expire 14 days after the Effective Date.

To exercise the right of cancellation, you must inform us of your decision to cancel this Agreement by an unequivocal statement (e.g. a letter sent by post or email). You may use the model cancellation form below, but it is not obligatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

Model Cancellation Form

Complete and return this form only if you wish to cancel the Agreement.

To: Data Protection Lead, Postboks 38. NO-3061 Svelvik, Norway

Email: Data.Privacy@adax.no

I/We [*] hereby give notice that I/we [*] cancel my/our [*] contract for the provision of the following service [*]:

Ordered on [*]/received on [*],

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s): [only if this form is notified on paper]

Date:

21. Termination

The Agreement and the licence granted hereunder, shall come into force on the Effective Date and shall continue in full force and effect during the Term unless the Agreement is terminated in advance in accordance with the terms of the Agreement.

You may terminate the Agreement at any time by closing your Account in accordance with the instructions we provide to you. You may also terminate your Agreement in accordance with any of your rights under Applicable Law.

We may terminate the Agreement by providing you with 30 days’ notice, except where there are serious grounds for not providing you with notice, where:

  • we discontinue the App;
  • we replace the App with an alternative technological solution;
  • we are required to terminate the Agreement in order to comply with Applicable Law or any request from law enforcement;
  • you are, or we reasonably suspect that you are, failing to materially comply with any of the provisions of the Agreement and this results in a risk to us, our business and/or our systems; and/or
  • you use or attempt to use the App for any actual or suspected illegal or improper use.

If you use multiple Accounts and if we take action against you, we may have action taken against all your Accounts.

Upon termination for any reason:

  • all rights granted to you under the Agreement shall cease;
  • and you must cease all activities authorised by the Agreement, including your use of the App you must immediately delete, remove and cease access to the App from all devices on which the App has been installed and all copies of the App then in your possession, custody or control. We may also require that you provide us with evidence of compliance with this provision.

22. Force Majeure

If our provision of the App or support for the App is materially delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take reasonable steps to minimise the effect of the delay.

23. General

23.1 Governing law and jurisdiction

THE AGREEMENT WILL BE GOVERNED BY THE LAWS OF NORWAY AND THE PARTIES SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE NORWEGIAN COURTS.

23.2 Entire Agreement

The Agreement (and any associated documents or other agreements referenced herein) constitutes the entire and exclusive agreement between you and ADAX AS with respect to the subject matter of the Agreement, and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of the Agreement.

23.3 Waiver

ADAX AS’s failure to enforce a term of the Agreement is not a waiver of its right to do so later. If a term is found unenforceable or invalid, that term will be enforced to the maximum extent permissible and the remaining provisions of the Agreement will remain in full force and effect and an enforceable term will be substituted reflecting our intent as closely as possible.

23.4 Assignment

You may not assign, transfer, charge, sub-contract or deal in any other manner with any of your rights or obligations under the Agreement, and any such attempt will be void. We may at any time freely assign or transfer its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the App provided that any such assignment or transfer does not reduce the guarantees provided to you under the Agreement. Subject to the foregoing, the Agreement will bind and ensure to the benefit of the parties, their successors and permitted assigns.

23.5 Relationship

Nothing in the Agreement is intended to or will operate to create a partnership, joint venture, or franchise relationship between you and ADAX AS, or authorise either party to act as agent for the other, and neither party will have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any presentation of warranty, the assumption of any obligation or liability and the exercise of any right or power).

23.6 Rights and remedies

Except as expressly provided in the Agreement, the rights and remedies provided under the Agreement are in addition to, and not exclusive of, any rights or remedies provided by Applicable Law.

23.7 Third party rights

The Agreement does not confer any rights on any person or entity (other than the parties to the Agreement and, where applicable, their successors and permitted assigns).

23.8 ADR

The EU Commission has established the European Online Dispute Resolution (ODR) platform for the settlement of disputes between traders and consumers. If you have a complaint you may submit it to the ODR platform which is accessible here

23.9 Contact Us

We can serve a notice on you at the last known email address for you and by electronic means.

You may contact us using the below details. If you are required to provide us with notice under this Agreement, you must serve a notice on us at:

Phone Number: +4733771750

By email: Data.Privacy@ADAX.no

By post: Data Protection Lead, ADAX AS Postboks 38. NO-3061 Svelvik.

Whilst this will not constitute notice under the Agreement, you can also contact us at your nearest regional ADAX office, so we can ensure that your request or query will be handled by the data protection team based in your region. You can find the appropriate office at the following link

 

Adax – Terms of Use

1     Acceptance of the Terms

Adax is a supplier and manufacturer of high-quality electrical heating and drying appliances. Adax provides integrations with automation for its products.

The following Terms of Use (hereinafter called the “Terms”) shall apply to any services, software or mobile applications, websites and functions provided by Adax, including the use of all interactions between Adax products and automation/smart devices whether the use of the said are paid or not (the “Services”), and shall form an agreement between Adax and the customer or user of any of Adax Services, unless and to the extent Adax and the customer or user explicitly agree otherwise in writing.

By signing up or otherwise using the Services, a customer or user are accepting these Terms and Privacy Policy. If the Terms or the Privacy Policy may not be accepted or complied with, then the Services shall not be used.

Any other standard or general terms and conditions not provided by Adax are explicitly rejected and shall be disregarded by Adax, irrespective of whether such terms and conditions are presented or referred to by customers or users.

2     Rights and obligations

2.1    User guidelines

During the use of the Services, the customer or user may create connections between its own devices, third-party hardware devices, the Services, and/or third-party services. The customer or user agrees that it will not connect to the Services any hardware devices or third-party services in a manner that could be dangerous to any person(s), or which could cause damage to or loss of any property.

A customer’s or user’s use of the Services is subject to the following additional restrictions. Customer or user may not use the Services or interact with the Services in a manner that:

  • Circumvent any technology used by Adax, its licensors, or any third party to protect the Services or any content herein;
  • are selling, renting, sublicensing or leasing of any part of the Services or content herein;
  • infringes or violates the intellectual property rights or any other rights of anyone else;
  • violates any law or regulation;
  • is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  • jeopardises the security of a customer’s or a user’s account with Adax or any other connected account or anyone else’s accounts;
  • attempts, in any manner, to obtain the password or other security information from any other user;
  • are not using the security options in the Services and protect passwords or any other security features.
  • violates the security of any computer network, or cracks any passwords or security encryption codes or otherwise incorporates any disabling code designed to permit improper use, access, deletion or modification of software or hardware programs or systems or improperly to disable, deactivate, damage or shut down such programs or systems;
  • crawls, scrapes, or spiders any page or portion of the Services (through use of manual or automated means);
  • introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
  • use or distribute tools designed for compromising security (e.g., password guessing programs, cracking tools, malware, disabling code, virus, or network probing tools);
  • copies or stores any significant portion of any content in the Services; or
  • reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the Services, any content or any part thereof unless permitted by applicable law.

If there is evidence of violations of these Terms, laws or other legal provisions, or the rights of third parties, Adax reserves the right to warn any customer or user, to temporarily limit or block the customer’s or user’s access to the Services, and/or to definitively block the customer’s or user’s access to the Services

2.2    User content

If a customer or a user provide feedback, ideas or suggestions to Adax in connection with the Services or in any other way (“Feedback”), customers and users acknowledge that the Feedback is not confidential, and the customers and users authorise Adax to use that Feedback without restriction and payment to them.

Aside from the rights specifically granted herein, the customers and users retain ownership of all rights, including intellectual property rights, in the content a customer or user provides in the Services (the “User Content”).

The customers and users are responsible for the accuracy, quality and legality of User Content and the means by which the customers or users acquired the Services, the transfer of data to and from the Services, the use of such data, and shall comply with the laws and regulations applicable to its use of the Services.

2.3    Intellectual property rights

“Intellectual Property Rights” shall mean any copyrights, adaptation rights, publishing rights, reproduction rights, rights to communicate to the public, public performances, synchronization rights, rights to be named as creator of the work(s), artist names, patents, utility models, circuitry, rights of patent, design patents, designs, trademarks, trade names, service marks, brands slogans, commercial symbols, logos, other designations, inventions, trade secrets, know-how and/or any other industrial and/or intellectual property rights, and applications thereof.

Except as expressly provided in these Terms, all Intellectual Property Rights existing now and in the future in the Services, any software and any associated technology and methodologies or in any developments or enhancements thereof (including, without limitation, any such developments or enhancements undertaken specifically on behalf of a customer or user for Adax) are and will always remain Adax’s exclusive property if not otherwise has been explicitly agreed with Adax in written.

2.4    License grants

Any Services, inclusive any content and software provided by Adax, and the rights connected with the said, is the property of Adax. By accepting these Terms, a limited, non-exclusive, revocable license to use the Services for the individual customer or user will be granted.

A license does not give the right to resell the Services or any part thereof to a third party or any form for sublicense. It is strictly prohibited to give any third party the right to use, copy or access the Services by Adax in any other way than that set forth in these Terms or as accepted in written by Adax, or to in any other way to exploit or use the Services other than set forth in these Terms.

Any third-party software (for example, other software libraries) included in the Services are licensed under the Terms hereto, any specific terms which have been issued with the software, or under the relevant terms provided with or referred to by the third-party software.

3     SERVICE LIMITATIONS AND MODIFICATIONS

Adax will make reasonable efforts to keep the Services. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions.

Adax reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Services, with or without notice, all without liability to a customer or a user, except where prohibited by law, for any interruption, modification, or discontinuation of the Services or any function or feature thereof.

Adax has no obligation to maintain, support, upgrade, or update the Services, or to provide all or any specific content through the Services, except if specifically agreed in writing with Adax. Adax may, from time to time, remove, replace or amend any User Content without notice.

The customers and users sole and exclusive remedy for any malfunction, errors, failure, problems or dissatisfaction to the Services, is to stop using the Services if other remedies have not been agreed in written with Adax.

4     UPDATES

Adax may from time to time in its sole discretion develop and provide updates to the Services, which may include upgrades, bug fixes, patches, other error corrections, security fixes and/or new features (“Updates”). Updates may also modify or delete in their entirety certain features and functionality. Adax has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality for the Services. Based on the customers’ and users’ settings, the Services will automatically download and install available Updates; or the customers and users may receive notice of or be prompted to download and install available Updates. The customers and users should promptly download and install all Updates, as Services or portions thereof may not properly operate if the customers or users should fail to do so. All Updates will be deemed part of the Services and be subject to these Terms.

5     DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

Adax makes no warranty, guarantee or assumes responsibility for any third-party content, services or software, any User Content or any other product or service advertised or offered by a third party on or through the Services.

Adax is not liable for any problems or losses caused by the hardware, software or data used for accessing the Services.

For the avoidance of doubt, Adax is not liable for (i) errors or delays that are outside Adax reasonable control, including without limitation general internet or line delays, power failure or faults on any machines, except where such errors or delays are caused by Adax’s gross negligence or intent, or (ii) any losses arising from circumstances attributable to the customers or users or (iii) any loss suffered by the customers or users because of loss of data caused by the Services, except if such loss is due to Adax’s gross negligence or intent, or iv) any indirect losses.

Adax maximum liability shall not exceed the total remuneration paid by the customer for the last twelve months commencing the incident that caused the cost or loss if not otherwise agreed in writing with Adax.

6     CONFIDENTIAL INFORMATION

All information which a customer or user become aware of in connection with the Services or in another context concerning Adax shall be treated as confidential and not made available to third parties without the written acceptance by Adax if the information is not clearly of confidential nature or is already publicly known or available.

The above shall not prevent providing information as required by public legislation and regulations, or if such disclosure is required by a public authority which is legally entitled to make such a demand or is ordered by a competent court of law. If possible, Adax shall be notified before such information is provided.

7     TERM AND TERMINATION

Any Services may be terminated by Adax under the discretion if Adax chooses to stop providing the Services, if not otherwise agreed with Adax.

Regardless the above, if Adax or a customer/user materially breaches the Terms or any other agreement entered into, the non-defaulting party is entitled to terminate the Terms or any agreement with immediate effect.

8     FORCE MAJEURE

If the performance of the Services is wholly or partially prevented, or to a material extent made difficult by circumstances over which Adax have no control, Adax’s duties will be suspended to the extent that the circumstance is relevant, and for as long as the circumstance exists. Adax is entitled to cancel providing the Services if such circumstances continue or obviously will continue for more than 60 days.

9     TRANSFER OF RIGHTS AND OBLIGATIONS

Any rights and obligations under these Terms may not be assigned or transferred by a customer or user to another person or entity without the prior written consent of Adax.

10   GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by Norwegian law inclusive with regard to the validity, interpretation and enforcement of these Terms and of any contract of which these Terms are a part unless otherwise agreed to.

Any dispute between Adax and a customer or a user shall be subject to the exclusive jurisdiction of the district court of Drammen (“Drammen tingrett”) unless the user is a consumer and mandatory law apply.

Notwithstanding the preceding, Adax reserves the right to institute any legal proceedings against a customer or a user in any other jurisdiction where harm to Adax is occurring.

11   CHANGES TO THE TERMS

Adax may in its discretion make changes to the Terms. Such amendments will be published on this page, and if a customer or user continues to use the services or software, it is recommended to check this page for any changes ruinously.

Changes that confer advantages on customers or users or are neutral in this regard shall have immediate effect. Adax will strive to inform customers and users of all other changes within due time prior to their effectiveness, and customers and users must stop using the Services if it does not accept the changes.

Contracting entity:

Adax AS
Myhres gate 1, PO Box 38
3060 Svelvik
Norway

Email: info@adax.no

Business reg. no.: 991 678 891

Version date: 13 September 2019