This website contains material, including text, graphics and sound, which is protected by copyright and/or other intellectual property rights. All copyright and other intellectual property rights in this material are either owned by Whirlpool or its affiliates or have been licensed to Whirlpool by the owner(s) of those rights so that it can use this material as part of this website. Whirlpool retains copyright on all Information, including text, graphics and sound.
The Whirlpool word and the Whirlpool logo are registered trademarks and service marks of Whirlpool Corporation, USA. All other trademarks displayed on this website are either owned and/ or licensed to Whirlpool. No mention is made of rights with respect to other trademarks, service marks or trade names whether registered or not, which may attach to certain words or signs used herein. The absence of such mention, however, in no way implies that there is no protection of these marks, trade names, words or signs.
Note that any product, process or technology described in these documents may be the subject of other Intellectual Property Rights reserved by Whirlpool or a third party. No right to use any such Intellectual Property Right is granted hereunder. This information is provided "AS IS" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property rights. This information may include technical inaccuracies or typographical errors. Changes may be periodically made to the information herein and shall be incorporated in new editions.
Whirlpool can make improvements or changes in the products, the programs or services described at any time without notice.
Whirlpool respects your privacy and is committed to protecting the personal information that you furnish. In general, you can visit Whirlpool on the Internet without identifying yourself or providing personal information. There are times when Whirlpool may need personal information from you and this Privacy Statement describes the information Whirlpool collects from you and how we may use it.
Personal Information means any information that may be used to identify an individual. This includes but is not limited to: first and last name, email address, mailing and residential address, telephone number, title, birth date, gender, occupation, company you work for and other information needed to provide a service you have requested.
Sensitive personal data or information means such information which consists of information relating to Password, Information of Bank account ,Credit card, debit card or any other payment instrument details, Physical, physiological and mental health condition, Sexual orientation, Medical records and history, Biometric information etc.
Whirlpool follows following guidelines for use and disclosure of Information:
When we collect personal information from you, we will inform you at that time of the reason we have requested it. The information will only be used for Whirlpool business purposes, such as, to respond to requests for products, documentation and services, to process an order, to conduct a transaction, to correspond, to enable a subscription or event registration, to handle job applications or send direct marketing information and perform market research. Whirlpool will also use your information to personalize the content you view and to better understand how you use the website in order to improve the services Whirlpool provides.
Whirlpool follows standard guidelines/ codes on Information Technology- Security Techniques- Information Security Management System- Requirements and takes all reasonable care for protection of data and information.
You have the choice of whether or not to accept cookies by means of your browser settings, although you may not be able to use certain features and functionalities of the Whirlpool website if you do disable them.
Whirlpool reserves the right to change this Privacy Statement at any time. Modifications to this Privacy Statement can be made without prior notification.
Continued use of the Whirlpool Websites signifies your acceptance of any changes to the Privacy Statement.
Whirlpool authorizes you to copy information published by Whirlpool on this website solely for private use or non-commercial use and solely for the purpose of supporting Whirlpool's products and services. In consideration of this authorization, you agree that any copy of this information which you make shall retain all copyright and other proprietary notices in the same form and manner as in the original.
No other use of the information is authorized unless with prior written authorization from Whirlpool. Partners, customers and associates of Whirlpool, that in cooperation with Whirlpool publish their own proprietary material on this website, retain full legal and copyright ownership of their own respective information.
Changes to this website information herein might be made periodically and shall be incorporated in new editions. This information may include technical inaccuracies or typographical errors. Whirlpool does not warrant that the electronic functions contained in this website will be uninterrupted or error free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the information available through this website.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining means for the reconstruction of lost data.
Neither Whirlpool nor any of its affiliates, parent or sister company, directors, employees or other representatives shall be held liable for errors contained herein or for any incidental or consequential damage such as but not limited to loss of data, loss of profits or revenues, business, loss of reputation or any economic loss in connection with the furnishing, performance, or use or inability to use this website or reliance on the information provided and material contained in this website.
The place of arbitration shall be New Delhi. All documentary submissions, presentations, and proceedings shall be in the English language.
The arbitral award shall be substantiated in writing. The decision of the arbitral tribunal shall be final and binding, and judgment upon the arbitral award may be entered in any court having jurisdiction thereof. The arbitral tribunal shall assign the costs of arbitration.
Thank you for choosing Whirlpool. Please carefully read these Whirlpool Smart Appliance Terms of Service (the "Agreement"). Throughout this Agreement, Whirlpool Corporation, including Whirlpool of India Limited, is referred to as "Whirlpool" or "we", and the registered user(s) of the Whirlpool appliances is referred to individually and collectively as "you". This Agreement is between you and Whirlpool.
Whirlpool has developed select smart appliances that may be connected to a device to provide users with interactive features and functionality ("Smart Appliances"), together with mobile applications that are designed to be used with Smart Appliances ("Mobile Apps") and interact with Whirlpool's related cloud-based services ("Services"). Mobile Apps and Services are referred to collectively in this Agreement as the "App/Services".
This Agreement governs your use of and access to the App/Services. You may download and use the App/Services only for use with Smart Appliances owned by you or which you have been authorized to use in accordance with the terms and conditions of this Agreement.
By checking the box, clicking "i agree", or accessing or using the apps/services, you expressly agree to be bound by and abide by this agreement, including the arbitration agreement. If you do not agree to the terms and conditions of this agreement, you may not access or use the app/services, and you must immediately discontinue any and all use of the app/services.
This Agreement incorporates: (i) any additional terms and conditions posted by Whirlpool through the App/Services; (ii) terms and conditions (including warnings and warranty limitations) included in the Use and Care Guides applicable to particular Smart Appliances ("Use and Care Guides"); and (iii) the Whirlpool Smart Appliance Mobile Apps and Services Privacy Statement (the "Smart Appliance Privacy Statement"), the Whirlpool Privacy Statement to our customers located at www.whirlpoolindia.com/termofuse ("Privacy Statements"). It is your responsibility to read these additional terms and policies carefully. The Use and Care Guides and Privacy Statements are available for viewing/download online.
If you are under the age of 18 (or the legal age to enter into this agreement in your jurisdiction), in order to access or use the app/services, you must have obtained parental or guardian consent to enter into this agreement and such parent or guardian must have expressly agreed to be liable for any use of the app/services or smart appliance by you.
1. Changes to this Agreement & Notices.
Smart Appliances will continue to evolve. As such, we may need to update or modify the terms of this Agreement. We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the App/Services. When we make a material change to the terms and conditions of this Agreement, you will be notified of the revised terms when you first attempt to access the App/Services after such changes have become effective. You will not be able to access or use the App/Services until you review and click to accept the revised terms. The revised terms will not apply to any dispute between you and Whirlpool arising prior to the date on which you accepted those revised terms. You will not be notified of non-material changes to this Agreement. Your continued use of the App/Services following any changes to this Agreement will constitute your acceptance of those changes. Notices to you regarding the subject matter of this Agreement (including notices of changes to this Agreement) may be made via posting to the App/Services or by e-mail (including in each case via links), or by regular mail.
2. Privacy & Security.
By using the App/Services, you consent to the collection, use, disclosure and sharing of data as set forth in the Privacy Statements. Data stored as part of the services offered through the App/Services, on the App/Services, or on a Smart Appliance, transmitted over the Whirlpool networks, or stored by Whirlpool, its brands or its service providers may be deleted, modified, or damaged, and Whirlpool is not responsible for any such deletions, modifications or damage. Whirlpool is committed to maintaining the security of the data you provide us and will take reasonable organizational, technical and administrative measures to protect your personal information. However, the App/Services and related services are provided through wireless networks and the Internet, and there is always some risk in transmitting information over the Internet. For this reason, Whirlpool cannot guarantee the security and privacy of wireless transmissions or transmissions via the Internet, and you agree that we will not be liable for any lack of security relating to the use of the App/Services or any Smart Appliance by you. You agree that you will not hold Whirlpool liable for any damages resulting from any loss of privacy or security occurring in connection with any communications over such networks.
3. App/Services Features & Functionality.
General. The App/Services may allow you to receive notifications regarding your Smart Appliance and remotely control and monitor your Smart Appliance, among other benefits. The features and functionality of the App/Services and Smart Appliances are described in greater detail in the Use and Care Guide applicable to each Smart Appliance. Updates to the App/Services and Smart Appliance. Over time, the software within the Smart Appliance that supports the features of the Smart Appliance, as well as features and functions that are enabled within the App/Services, will change as our business and technology evolve. New features and functions may be added, and others deleted or modified. You agree that Whirlpool may update, modify, or discontinue the App/Services (in whole or in part) or any features or functions within the App/Services or Smart Appliance, at any time, in Whirlpool's sole discretion. In order to provide you with a more seamless user experience, we may update or modify the App/Services or Smart Appliance remotely without notifying you in order to ensure the safe and proper operation of the App/Services (e.g., bug fixes), and you consent to such updates or changes by Whirlpool.
4. Account Creation & Management.
General. In order to use the App/Services, you must create an App/Services user account and activate the connected functionality of the Smart Appliance. By creating an App/Services account and entering your Smart Appliance's details in the App/Services, the Smart Appliance will automatically be registered with Whirlpool for product warranty and other purposes.
Creation of User Accounts. To create an App/Services user account, complete the account set-up process through the App/Services. You agree to accurately furnish all contact and other information requested by Whirlpool and to notify Whirlpool immediately of any change in the information. You must choose a password for your account and maintain the confidentiality of your password. Whirlpool encourages you to use "strong" passwords (passwords that use a combination of upper and lower case letters and numbers with your account. We may reject, or require that you change, any user name, password or other information that you provide to us during the account set-up process. Your user name and password are for your personal use only. You are solely responsible for the activity that occurs on your account. You, and not Whirlpool, are responsible for any use or misuse of your account, user name, or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your App/Services account. You may never use another user's account without permission, act in a way that interferes with another user's use of the App/Services or, except in connection with a Single-User Appliance (as defined below) solicit another user's password. Whirlpool will not be liable for any losses caused by any unauthorized use of your account.
Connecting to Smart Appliances. To access and use the connected functionality of a Smart Appliance through the App/Services, you must add the Smart Appliance to your App/Services account by following the instructions in the applicable Use and Care Guide. Certain Smart Appliances may be connected only to a single App/Services account ("Single User Appliance"), while other Smart Appliances may be connected to multiple App/Services accounts ("Multi-User Appliance"). Once you connect a Single User Appliance to your App/Services account, your App/Services account will have administrative control over such Single User Appliance. The first App/Services account to connect to a Multi-User Appliance ("Administrative Account") will have administrative control over such Multi-User Appliance and may have the ability to subsequently authorize other App/Services accounts to connect to such Multi-User Appliance ("Secondary Account"). The registered user of the Administrative Account is liable for all use of the Smart Appliance by any user of a Secondary Account as though such use of the Smart Appliance occurred under the Administrative Account.
Internet and Mobile Usage. Smart Appliances use your Internet connection to provide you with the connected functionality of the Smart Appliance. As such, to use the App/Services you must have a working wireless Internet connection at the location of your Smart Appliance. Use of the App/Services and receipt of notifications via your mobile device requires use of your mobile data connection, so you must purchase an appropriate data plan from your mobile service carrier in order to receive such notifications or use such App/Services. You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the App/Services. Please consult your Internet service provider's or mobile service carrier's pricing plan terms and policies to determine applicable data charges (including text messaging charges if applicable), allotments and limitations, restrictions such as permissible uses, and other terms and conditions of service. Whirlpool is not responsible for any overage or other charges or actions that your Internet service provider or mobile service carrier may take against you for using data or the network in violation of your Internet service provider's or mobile service carrier's terms and policies. To avoid data charges (including text messaging charges if applicable) relating to use of the App/Services, stop using and uninstall the App/Services from your mobile device and disable all notifications through your App/Services account. If you wish to avoid any additional data charges from your Internet service provider relating to use of the App/Services and/or Smart Appliances, stop using the App/Services and Smart Appliances and de-provision your Smart Appliance from your wireless router in accordance with the instructions in the applicable Use and Care Guide.
Deactivation or Deletion of Your Account. You may delete or deactivate your App/Services account at any time through the App/Services. However, if you choose to keep your Smart Appliance connected to your Wi-Fi router after you deactivate your account, your Smart Appliance will continue to transmit data to Whirlpool unless you disconnect your Smart Appliance from your Wi-Fi router. While deactivating your App/Services account will stop you from receiving further Smart Appliance notifications, it will not automatically opt you out of receiving other communications from Whirlpool and its brands (as per the Smart Appliance Privacy Statement). You may change your communications preferences to stop receiving certain communications from us as described in the Privacy Statements.
Transfer of Smart Appliance. You may sell, loan or transfer your Smart Appliance to someone else. However, if you sell, loan or transfer your Smart Appliance to another person: (i) you agree to notify such person that the Smart Appliance is a Smart Appliance and is subject to the terms and conditions of this Agreement; and (ii) you must promptly remove such Smart Appliance from your App/Services account or delete your App/Services account. Upon such sale, loan or transfer of a Smart Appliance, you agree to not attempt to access or use such Smart Appliance or interfere with any access to or use of such Smart Appliance.
5. Acceptable Use Policy. You may use the App/Services and Smart Appliance only in compliance with the terms and conditions of this Agreement, and all local, state, national statutes, rules and, regulations applicable to your use of the App/Services and/or Smart Appliance ("Laws"). You may not use the App/Services or Smart Appliance in any manner that could harm Whirlpool, its service providers, its brands, or any person or property. In addition, in connection with your use of the App/Services and Smart Appliance, you must not:
Use the App/Services or post, transmit or otherwise make available through or in connection with the App/Services any materials that are or may be: (i) threatening, violent, dangerous, hateful, harassing, degrading, intimidating, or otherwise fail to respect the rights and dignity of others; (ii) defamatory, libelous, fraudulent, or otherwise tortious; (iii) obscene, indecent, pornographic, or otherwise objectionable; or (iv) protected by copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner; or (v) is otherwise unlawful.
Post, transmit or otherwise make available through or in connection with the App/Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
Collect or attempt to collect information about users of the App/Services.
Interfere with or disrupt the operation of the App/Services or the servers or networks used in connection with the Smart Appliances, including by hacking or defacing any portion of the App/Services or violating any requirement, procedure, or policy of such servers or networks.
Restrict or inhibit any other person from using the App/Services.
Impersonate any person, business, entity, or IP address (e.g., IP spoofing).
Gain or attempt to gain unauthorized access to a Smart Appliance's firmware or software, including by reverse engineering firmware or installing firmware not approved by Whirlpool, except where such restriction is expressly prohibited by applicable law.
Frame or mirror any portion of the App/Services, or otherwise incorporate any portion of the App/Services into any product or service, without Whirlpool's express prior written consent.
Systematically download and store App/Services content, or alter, damage, or delete any content provided by Whirlpool.
Use any robot, spider, App/Services search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or otherwise gather App/Services content, or reproduce or circumvent the navigational structure or presentation of the App/Services, without Whirlpool's express prior written consent.
6. Service Limitations. General. Because your Smart Appliance communicates with Whirlpool by transmitting information wirelessly and over the Internet, the availability of the App/Services and connected functionality of the Smart Appliance are subject to certain limitations. You agree that the App/Services are subject to limitations and restrictions outside Whirlpool's control, which include such things as wireless network capabilities, Internet availability, environmental conditions (such as buildings, weather, geography, and topography), atmospheric conditions, mobile device and operating system limitations, and other factors associated with the use of the Internet or with satellites and satellite data. You may only use the App/Services in India. We may limit the App/Service's availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
Responsible Usage: You must use the App/Services and the Smart Appliance responsibly. You are solely responsible for using the App/Services and Smart Appliance in accordance with this Agreement and the applicable Use and Care Guide. You acknowledge that the Smart Appliances and the App/Services are designed for personal, family and household use and not commercial use. Without limiting the notices, warnings and additional exclusions set forth in the Use and Care Guides for the Smart Appliances, neither Whirlpool, its affiliates nor any of their respective shareholders, directors, officers, employees, agents, representatives or contractors, licensors, suppliers or any other party involved in creating, producing, or delivering the App/Services and connected functionality of the Smart Appliance shall be held liable for the accuracy, completeness or timeliness of the materials or content provided as part of the Smart Appliance or the App/Services; the results obtained through any connected functionality of the Smart Appliance or the App/Services; or any improper, incorrect or commercial use of the App/Services or Smart Appliance. The Smart Appliance error code notifications are not intended to replace regular, recommended maintenance of your Smart Appliance as indicated in the applicable Use and Care Guide. The App/Services are provided to you as a convenience and are not a substitute for safe, responsible use of your Smart Appliance. You should not rely on the App/Services (including any error notifications) as a means to prevent accidents, damage, fire, or other hazards. IT IS YOUR RESPONSIBILITY TO OPERATE YOUR SMART APPLIANCE SAFELY AND TO MAINTAIN YOUR SMART APPLIANCE IN GOOD WORKING ORDER AND IN COMPLIANCE WITH THE APPLICABLE USE AND CARE GUIDE. FAILURE TO DO SO MAY RESULT IN DAMAGE TO YOUR SMART APPLIANCE, PROPERTY DAMAGE, BODILY HARM, AND/OR SERIOUS INJURY OR DEATH.
7. Compliance with the Agreement. You are solely responsible for your use of the App/Services and compliance with this Agreement, as well as for the use and compliance by all users of your Smart Appliance and users of your App/Services account, whether or not authorized by you. You agree to make all other users of your App/Services accounts and Smart Appliances aware that their use is subject to this Agreement.
8. Products. The App/Services may make available listings, descriptions and images of goods or services or related coupons or discounts (collectively, "Products"), as well as references and links to Products, and are provided for informational purpose only. Such Products may be made available by Whirlpool or by third parties. Whirlpool does not warrant that such listings, descriptions or images are accurate, complete, reliable, current, or error-free. It is your responsibility to ascertain and obey all applicable Laws regarding the possession, use and sale of any Product.
9. Paid Services. The App/Services are provided free of charge (excluding the purchase price of the Smart Appliances). However, Whirlpool may allow you to purchase products or services within the App/Services or to participate in programs or utilize particular features or services for which a charge may apply. Whirlpool will make any applicable pricing and payment terms available to you prior to implementing any paid services or offering any products for purchase through the App/Services.
10. User Provided Content. The App/Services may contain features that allow you and other users to make available certain content and materials, including, without limitation, text and images such as recipes ("User Content") through or in connection with the App/Services, including through any interactive features of the App/Services. We may (but have no obligation to) monitor, evaluate, alter or remove User Content before or after it appears on the App/Services. We may disclose any User Content and the circumstances surrounding its transmission to anyone for any reason or purpose. Whirlpool has no control over, and is not responsible for, any use or misuse (including any distribution) by any third party of any User Content. For purposes of clarity, you retain ownership of your User Content. For all User Content provided by you, you hereby grant to us and our affiliates a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use and exploit such User Content, in any format or media now known or developed in the future, and for any purpose related to our business or the business of our affiliates (including promotional purposes, such as testimonials, and publishing User Content as such User Content may be modified and compiled by or for us). You represent and warrant that you have all rights necessary to grant the licenses granted by you in this section, and that your User Content and your provision of User Content through or in connection with the App/Services, is complete and accurate, and does not violate any applicable Law or any right of any third party. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding your User Content that you may have under any applicable Law under any legal theory. If you choose to make any of your user content (including any personal information) or other information publicly available through the app/services, you do so at your own risk.
11. Feedback. We always appreciate getting feedback on our products and services. If you provide us with any ideas, proposals, suggestions or other materials relating to the App/Services, any Smart Appliance, or Whirlpool's other products or services ("Feedback"), Whirlpool may use such Feedback in any manner for any purpose without restriction or compensation, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous and unsolicited, and does not place Whirlpool under any fiduciary or other obligation. By submitting Feedback, you represent and warrant to Whirlpool that you have all necessary rights in and to such Feedback, to provide such Feedback to Whirlpool and all information it contains, and that such Feedback does not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information or material.
12. License; Whirlpool's Proprietary Rights. Limited License. Subject to your compliance with Sections 4.6 (Transfer of Smart Appliance), this Section 12.1 (Limited License), and Section 12.2 (Additional License Restrictions; Retention of Rights), and solely for so long as this Agreement remains in effect, we grant you, a limited, non-exclusive, revocable, non-transferable, non-sublicensable right and license to install and use the Mobile Apps on a smartphone, tablet, or other device that you own or control solely in conjunction with the use of your Smart Appliance for personal, family and household use.
Additional License Restrictions; Retention of Rights. The App/Services are licensed (not sold). Whirlpool and its licensors retain all right, title, and interest in and to the App/Services; all content and other subject matter contained in or made available through the App/Services; and all related intellectual property rights. Except for the limited rights granted to you in Section 12.1 above, you obtain no rights in or to the App/Services under this Agreement or any content or other subject matter made available through the App/Services. You may not reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the App/Services, except as expressly authorized herein. You may not reverse engineer, decompile or disassemble any portion of the App/Services, provided that to the extent the foregoing prohibitions are expressly prohibited by applicable statutory law, Whirlpool shall retain the maximum protection available against reverse engineering, decompiling, or disassembly under applicable law. You also may not remove any patent, copyright, trade name, trademark, service mark, logo or other proprietary rights notice from the App/Services.
Marks. All trade names, trademarks, service marks and logos on the App/Services are the property of their respective owners. You are not granted any rights to use any trade names, trademarks, service marks or logos on or in the App/Services under this Agreement.
13. Third Party Offerings. Through your use of certain features of the App/Services, you may be able to access or interact with materials, products or services made available by individuals or entities other than Whirlpool, including User Content ("Third Party Offerings"). These App/Services features may allow for the transmission of Third Party Offerings to you, including via links. By using these features of the App/Services, you are asking us to access, route and transmit to you the applicable Third Party Offerings and to transmit your information and data to such Third Party Offerings to enable you to use or obtain such Third Party Offerings. We neither control nor endorse, nor are we responsible for, any Third Party Offerings, including their accuracy, integrity, quality, legality, usefulness or safety. Whirlpool has no obligation to monitor Third Party Offerings, and may block or disable access to any Third Party Offerings (in whole or part) through the App/Services at any time. Since whirlpool is not the provider of the third party offerings, you understand and agree that this agreement and the privacy statements do not apply to your use of any third party offerings. Your use of third party offerings (including by linking any third party offerings to your smart appliance or any app/services) is at your own risk and is subject to any additional terms, conditions and policies applicable to such third party offerings (such as terms of service or privacy policies of the providers of such third party offerings).
14. Term and Termination. This Agreement is effective until terminated. Whirlpool may terminate or suspend your use of the App/Services and any or all of the connected features of the Smart Appliances enabled through or in conjunction with the App/Services at any time and without prior notice, if Whirlpool believes that you have breached any provision of this Agreement. Upon any such termination or suspension, all rights and licenses granted under this Agreement, including your right to use the App/Services will immediately cease, and Whirlpool may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. Sections 2, 4.5, 4.6, 5, 6.2, 8, 10, 11, 12.2, 12.3, and 13 through 26 (inclusive) shall survive expiration or any termination of this Agreement.
15. Disclaimer Of Warranties. We are not providing any warranties relating to the app/services, products or third party offerings. The app/services, any and all products and third party offerings, and all information and content made available through the app/services, products and third party offerings are made available to you "as is" without warranties or conditions of any kind, whether express, implied or statutory. Whirlpool disclaims all warranties and conditions with respect to the app/services and any products and third party offerings to the fullest extent permissible under applicable law, including the warranties of merchantability, fitness for a particular purpose, non-infringement and title. no warranty or condition, express or implied, is made regarding accuracy, adequacy, completeness, legality, reliability or usefulness of any information or content contained in the app/services or the results that you may obtain through the app/services. all disclaimers of any kind (including in this section and elsewhere in this agreement) are made on behalf of whirlpool, its affiliates, and each of their respective shareholders, directors, officers, employees, agents, representatives (collectively, the "affiliated entities"), as well as each affiliated entity's licensors, suppliers and service providers.
We do not guarantee that the App/Services are or will remain updated, complete, correct or secure, or that access to the App/Services will be uninterrupted. The App/Services may include inaccuracies, errors and materials that violate or conflict with this Agreement. Whirlpool makes no warranties or representations as to the accuracy, completeness, or timeliness of the materials or content provided as part of the App/Services. Additionally, third parties may make unauthorized modifications to the App/Services. If you become aware of any such modifications, contact us with a description of such modification and its location on the App/Services.
16. Limitation of Liability Whirlpool will not be liable for any indirect, incidental, consequential, special, reliance, exemplary or punitive damages of any kind arising out of or related to this agreement or the app/services or for any damages for lost profits, loss of use of the app/services, loss of data, loss of privacy or security, loss of other intangibles, or unauthorized access to or use of the app/services, your data or user content, regardless of whether such damages are based in contract, tort (including negligence), strict liability or any other legal theory, and even if whirlpool is advised in advance of the possibility of such damages. Without limiting the foregoing, whirlpool will not be liable for damages of any kind resulting from your use of or inability to use the app/services or from any products or third party offerings. Your sole and exclusive remedy for dissatisfaction with the app/services or any products or third party offerings is to stop using the app/services, products or third party offerings. All limitations of liability of any kind (including in this section and elsewhere in this agreement) are made on behalf of the affiliated entities (as defined in section 15), as well as each affiliated entity's licensors, suppliers and service providers.
17. Indemnity. Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless Whirlpool and the Affiliated Entities (as defined in Section 15) and each Affiliated Entity's licensors, suppliers and service providers from and against all claims, damages, losses, costs and expenses (including attorneys' fees) arising out of (i) your use of, or activities in connection with, the App/Services (including all User Content); and (ii) any violation or alleged violation of this Agreement by you.
18. Information or Complaints. If you have a question or complaint regarding the App/Services, please contact our Consumer Care Cell at 1800-208-1800 (Toll-Free) or Email at email@example.com.
19. Dispute Resolution and Arbitration: Any dispute or difference arising out of or concerning this Agreement or this App/Service which dispute or difference cannot be settled amicably shall be resolved definitely and exclusively by arbitration presided by a sole arbitrator appointed by Whirlpool under the Rules of Arbitration as per Indian Arbitration Act. The place of arbitration shall be New Delhi. All documentary submissions, presentations, and proceedings shall be in the English language. The arbitral award shall be substantiated in writing. The decision of the arbitral tribunal shall be final and binding, and judgment upon the arbitral award may be entered in any court having jurisdiction thereof. The arbitral tribunal shall assign the costs of arbitration.
20. Class Action Waiver. Except where prohibited by law, you and we agree that each may bring claims against the other, whether before an arbitrator or in court, only in your or our individual capacity, and not as a plaintiff or class member in any class action lawsuit. You expressly waive any right you may have to bring or participate in a Claim as a class, collective or representative proceeding in court or before an arbitrator. Further, unless both You and We agree in writing, the arbitrator may not consolidate Your claim with another person's claim, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding anything herein, either party may bring an individual action in small claims court for disputes within that court's jurisdiction.
Governing Law. This Agreement and/or all claims or issues regarding the Mobile App shall be governed according to the laws of India.
Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Whirlpool. If any provision of this Agreement or portion of a provision is held to be unlawful, void or for any reason unenforceable, that provision (or portion of the provision), to the extent required, will be severed from this Agreement but such severance will not affect the validity and enforceability of the remaining provisions of this Agreement. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term "including" or variations thereof in this Agreement shall be construed as if followed by the phrase "without limitation." This Agreement and all other terms and conditions referenced herein constitutes the entire agreement between you and Whirlpool relating to the subject matter of this Agreement, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Whirlpool relating to such subject matter. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Whirlpool will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
Promotions. Any contests or similar promotions (collectively, "Promotions") made available through the App/Services may be governed by rules that are separate from this Agreement. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.
1. What Types of Information Do The Apps/Services Collect?
2. How May We Use This Information?
3. How May We Share This Information?
4. Other Uses And Disclosures
6. Third-Party Services
9. Updates To This Privacy Statement
10. Contacting Us
Whirlpool of India Limited ("Whirlpool") is a leading global manufacturer and marketer of major home appliances, including but not limited to, our Whirlpool and KitchenAid. Whirlpool has developed select smart appliances that may be connected to provide users with interactive features and functionality ("Smart Appliances") together with one or more mobile applications designed for use with the Smart Appliances ("Mobile Apps"), and that interact with Whirlpool's related cloud-based services ("Services"). This Smart Appliance Mobile Apps and Services Privacy Statement (the "Privacy Statement") explains the types of information we collect through the Mobile Apps and Services (collectively, the "Apps/Services") and how we may use and share that information. By using the Apps/Services, you acknowledge that you understand and agree to this Privacy Statement.
This Privacy Statement addresses our privacy practices solely for users of the Apps/Services India. Information collected about you outside of the Apps/Services, such as from our website or when you register an appliance that is not a Smart Appliance, is not governed by this Privacy Statement and is subject to our general Privacy Statement to our Customers available at www.whirlpoolindia.com/termofuse. 1. What types of information do the Apps/Services collect?
In order to provide the benefits of the Apps/Services, Whirlpool collects certain information through the Apps/Services. We collect two types of information through the Apps/Services: Personal Information and Other Information. "Personal Information" is information that identifies you specifically as an individual, such as your name or email address. "Other Information" is information that does not reveal an individual's specific identity or does not directly relate to an identifiable individual, including information that has been de-identified or aggregated.
We collect Personal Information when you set up and use Apps/Services, including through:
Account creation and product registration: In order to connect your Smart Appliance to our network, you will need to download the appropriate Mobile Apps and create an account (a "Smart Appliances Account"). We will ask you to provide Personal Information including, but not limited to, your name, email address, physical address, and mobile telephone number. We also may give you the option of submitting email addresses and other Personal Information of other individuals to allow us to send an invitation to those you would like to allow to connect to the Smart Appliance through the Apps/Services, such as family members or renters in order to obtain their consent to be connected. Please ensure you have the authority to provide that information to us.
Use of services: We also may collect Personal Information during your use of the Apps/Services, such as if you submit a customer service request through Apps/Services.
Information from other sources: We may combine Personal Information collected through the Apps/Services with information that we have obtained about you from other sources, such as our websites or warranty cards. We also may receive Personal Information about you from third party sources, such as commercially-available sources, social media platforms, and providers of third-party products or Apps/Services, and combine such Personal Information with Personal Information collected through the Apps/Services. For example, we may collect information from third-party devices if you choose to connect them to the Apps/Services, such as collecting energy consumption data if you choose to connect your smart meter, if any to the Apps/Services.
2. In connection with the Apps/Services, we also collect Other Information, including:
1. Smart Appliance data: We collect data based on your use of the Apps/Services, such as the following:
Appliance details and other information: When you connect a Smart Appliance to our network, we collect details about your Smart Appliance, such as the Smart Appliance ID (or "SAID") and serial and part numbers, and the IP address of your home router. We also may collect information regarding details of the local power company in your area at your request.
Status and usage data collected from Smart Appliances: We automatically collect information from the Smart Appliance on a periodic basis, including its status (such as whether the Smart Appliance is powered off or on, and details about any product cycle or function it is performing), any instructions that have been manually entered on the Smart Appliance itself, and aspects of its surrounding environment that may affect how it operates (such as input voltage, signal strength, and air temperature).
Usage data collected from Mobile Apps: We may track and collect Mobile App usage data, such as the date and time the Mobile Apps on your device accesses our servers and what information and files have been downloaded to the Mobile App, as well as the instructions that you or other users have transmitted to the Smart Appliance using the Mobile Apps (such as instructions to turn the Smart Appliance off or on, or to change its settings).
2. Data from third-party products or services: If you choose to connect your Smart Appliance to a third-party product or service, we may receive information from those third-party products or services. For example, if you have connected your Smart Appliance to a third-party home automation service, that third-party service might transmit data to the Apps/Services that allows corresponding adjustments to your Smart Appliance settings (such as sending a signal when no one appears to be at home, to allow your Smart Appliance to switch to a more energy-efficient mode).
3. Physical location: With your consent, we may collect the physical location of your mobile device by, for example, using satellite, cell phone tower or WiFi signals. We may use your device's physical location to provide you with location-based services, such as identifying the location of the nearest dealer who can provide services or support for your Smart Appliance.
De-identifying or aggregating information: We may de-identify or aggregate Personal Information to create data that does not personally identify you or any other user of the Apps/Services. (For example, we may aggregate Personal Information to calculate the percentage of our users who use Smart Appliances within a particular zip code/postal code.)When Other Information is combined with your Personal Information, we will treat this combined information as Personal Information as long as it is combined.
2. How may we use this information? We use Personal Information to provide and support the Apps/Services and Smart Appliances, for troubleshooting and maintenance (including for warranty purposes), to communicate with you about your account or appliance (including for product service and warranty issues), to improve our products and services, and, if you have consented, for research and development, to conduct surveys, and to send you marketing communications and offer you products and services from our various brands and from selected third parties. For example, we may send you a notification when your Smart Appliance needs to be replenished with a refill or replacement item and offer to direct you to a third-party business partner from which you can purchase that item. We also may use this information to provide you with customized offers, such as extended warranty terms based on your use of the Apps/Services and/or data from your Smart Appliance.
When Other Information identifies a specific device (e.g., by the SAID) or household (e.g., by home physical address), we will use that information only as we may use Personal Information. When Other Information does not identify a specific device or household, we may use that information for any purpose, unless prohibited by law.
How may we share this information?
We may share Personal Information: With our family of affiliated companies for the purposes described in this Privacy Statement. Please note that the affiliated companies are part of Whirlpool Corporation and are not third parties for purposes of this Privacy Statement.
With our third-party service providers to allow them to provide services to us (such as data analysis, surveys, data hosting, information technology, payment processing, customer support, warranty services, email delivery., and auditing).
With third-party products or services you have chosen to connect with your Smart Appliance through the Apps/Services. We only connect your Smart Appliance to a third-party product or service if you have been informed of the data exchange that would occur with that third-party product or service and you have expressly consented. You may choose to disconnect your Smart Appliance from such third-party products or services at any time.
With other selected third parties to allow them to send you marketing communications about their own products and services, with your consent.
With other users of the Smart Appliance. For example, if you choose to allow other users to connect to your Smart Appliance or your Apps/Services, or you accept an invitation to connect to another user's Smart Appliance or Apps/Services, the other users may be able to view information related to your usage. If you sell or give away the Smart Appliance, we may share Other Information related to that Smart Appliance (but not your Personal Information) with the new owner (e.g., total number of cycles that your Smart Appliance has run). With the general public, if you choose to post comments or content (such as recipes) on message boards, blogs, or other interactive features made available through or in connection with the Apps/Services. We urge you to be very careful when deciding to make any of your Personal Information, or any Other Information, publicly available through the Apps/Services.
When Other Information identifies a specific device (e.g., by SAID) or household (e.g., by home physical address), we will share that information with third parties only as we may share Personal Information. When Other Information does not identify a specific device or household, we may share that information with any third parties at our discretion, unless prohibited by law.
Other uses and disclosures
In addition to the purposes listed above, we also may use or disclose Personal Information or Other Information as we believe to be necessary: (1) if we determine a policy violation has occurred, or to enforce our terms of service; (2) if we believe such disclosure is necessary to identify, contact, or bring legal action regarding injury or interference with the rights and property of Whirlpool or its affiliates, including, but not limited to, to enforce our right against unauthorized access or attempted unauthorized access to our information technology assets or against other inappropriate use of the Apps/Services; (3) to comply with laws, regulations, court orders or similar requests for information by authorities, or as required by law; (4) to protect your safety and the safety of others; (5) to assist us in fraud prevention or investigation; and (6) in connection with a reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).
We give you a number of choices regarding your information, including: Receiving notifications: You may choose to receive notifications about your Smart Appliance (such as notification of cycle completion) as part of the Apps/Services, which may include notifications through text message or email. You may select which notifications you would like to receive, or disable notifications, through the Apps/Services.
Receiving marketing communications: If you have consented, Whirlpool may, from time to time, contact you with communications regarding our products or services. These communications may come from Whirlpool or one of its brands, and may involve product information, marketing or promotions, research, and/or other topics. To contact you, Whirlpool may use the information you provide to us, including email, direct (postal) mail, fax, or phone. You may, at any time, inform us that you do not want Whirlpool to send you marketing communications, by sending your request to our Privacy Office using the contact information in the Contacting Us section below. You may also unsubscribe from receiving promotional email communications from our brands by clicking on a link provided in that brand's promotional email message. However, please note that you cannot opt-out from all communications, as Whirlpool may need to send you information related to our products (e.g., warranties, service reminders, etc.), your orders or accounts, etc.
Removing appliances or applications, or terminating accounts: You can use the Mobile Apps to remove a Smart Appliance from your Smart Appliances Account (such as if you sell or give it away) at any time. You can also delete our Mobile Apps from your mobile device if you no longer wish to use them on that device, or request termination of your Smart Appliances Account through the Mobile Apps if you no longer wish to use the Apps/Services. However, please be aware that these options do not prevent the continued transmission of Other Information from the Smart Appliance to our network. If you wish to terminate the transmission of Other Information from your Smart Appliance to our network, you will need to disconnect your Smart Appliance from your WiFi router as described below.
Disconnecting your Smart Appliance: If you no longer want your Smart Appliance to transmit Other Information to our network, you may choose to disconnect your Smart Appliance from your WiFi router at any time, although this will prevent you from being able to use the connected features of your Smart Appliance. If you disconnect your Smart Appliance from our network, we will continue to handle and protect any information we have previously received in accordance with this Privacy Statement.
6. Third-party services
The Apps/Services may contain links to websites owned by other companies. Because Whirlpool has no control over the privacy practices or content of these linked sites, we recommend that you carefully review the privacy statement of each website you visit. This Privacy Statement does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any product or service to which the Apps/Services allow you to connect your Smart Appliance.
We are committed to maintaining the security of the data you provide us. We use reasonable organizational, technical and administrative measures to protect Personal Information that we maintain within our organization. We also seek to use third-party service providers capable of protecting the information they maintain or process for us. Unfortunately, no data transmission over the internet or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the "Contacting Us" section below. You agree that you will not hold Whirlpool liable for any damages resulting from any loss of privacy or security occurring in connection with any communications over such networks. Your personal information will be stored on Whirlpool's servers and/or at other third party facilities with which we have contracted for specific services.
8. Access You may review, correct and update your Personal Information through your account profile in the Apps/Services. You may also use the Apps/Services to review certain historical Other Information about your usage of the Smart Appliance.
9. Updates to this Privacy Statement
We may change this Privacy Statement. Please take a look at the "Last Updated" legend at the top of this page to see when this Privacy Statement was last revised. Any changes to this Privacy Statement will become effective when we post the revised Privacy Statement on the Apps/Services. Your use of the Apps/Services following these changes means that you accept the revised Privacy Statement.
If you have any questions about this Privacy Statement, please contact us by email at firstname.lastname@example.org.
Please note that email communications are not always secure; so please do not include credit card information or sensitive information in your emails to us.