Terms and Conditions for Withings Products and Services
-
Relationship between you and Withings.
By using Withings digital health Products and Services, including the
Websites, the Applications, the Products, the Product Software, the
Web hosting services, the API or any other services provided by Withings
(hereinafter the “Products and Services”) you expressly confirm
your agreement to the following Withings Services Terms and Conditions
for Withings digital health Products and Services (“Withings Services
Terms and Conditions”).
Withings Services Terms and Conditions are binding and form a contract
between you and Withings. Withings shall include all Withings affiliates as
described in each of the following documents. (hereinafter “Withings”
or “We”). Any reference to a particular affiliate of Withings shall
be enforceable for the specific condition into which such affiliate is
your contractual partner. These Withings Services Terms and Conditions
supersede any other document of the Withings Services Terms and
Conditions concerning its purpose.
The Withings Services Terms and Conditions are composed of:
Our Withings digital health Products, as detailed in the user guide for
digital health Products (the “Product”) must be used in accordance
with the user guide attached to each Product. You can find our
user-guides on the Withings help Center.
As a user of the Products and Services, You, acknowledge and
guarantee:
-
That You have obtained and read a copy of the Withings Services Terms
and Conditions; and,
-
To be in possession of the Withings Services Terms and Conditions on a
durable media for example by printing them out. Durable media
means any instrument which enables you to store information
addressed personally to you in a way accessible for future
reference for a period of time adequate for the purposes of the
information and which allows the unchanged reproduction of the
information stored; and,
-
To be of age required or otherwise authorized under the law of your
country of residence to commit yourself into the Withings Services
Terms and Conditions.
Any objection or contestation to these Withings Services Terms and
Conditions will be interpreted as a refusal to agree to these Withings
Services Terms and Conditions. IF YOU WERE TO DISAGREE WITH THESE
Withings SERVICES TERMS AND CONDITIONS YOU ARE NOT PERMITTED TO USE ANY
Withings PRODUCTS OR SERVICES.
-
Modification of the Withings Services Terms and Conditions
It is understood and agreed between the parties that Withings keeps the
right, in any case, to modify all or part of the Withings Services Terms
and Conditions, to reflect changes to the law or any applicable
regulation, changes to our Products and Services or any event which is
deemed sufficient by Withings to command such revisions. Any new version
of the Withings Services Terms and Conditions will not apply
retroactively but replaces and supersedes the previous version of the
Withings Services Terms and Conditions.
We advise you to frequently consult the Withings Services Terms and
Conditions and to save each version on durable media.
-
General provisions
Force Majeure
Any event that is deemed at once unforeseeable, insurmountable and
external and thereby prevents us from fulfilling our obligations under
these Withings Services Terms and Conditions is considered an event of
Force Majeure (“Force Majeure Event”). The following events are
especially considered as examples of Force Majeure Events: strikes,
flood, fire, lock-outs, disruption and distractions in transport
services, supply difficulties in raw material or energy, any
communication interference resulting in any difficulty to fulfil any
order or performance of any act required by the Withings Services Terms
and Conditions shall be suspended for the duration of the Force
Majeure Event. The performance of such act shall be immediately
continued once the cause of the Force Majeure Event ceases.
Entire Agreement
This version of the
Withings Services Terms and Conditions constitutes the entire agreement
between you and us and cancels, excludes and replaces any previous
conditions in its subject matter. You acknowledge that other documents
of the Withings Services Terms and Conditions may also apply to you when
you are subject to these Withings Services Terms and Conditions.
Severability
If any provision of the Withings Services Terms and Conditions is held
invalid or unenforceable by a court of competent jurisdiction, the
invalid or unenforceable part or provision will be deemed as
unwritten.
Waiver
Any failure to exercise or delay in exercising any right, power or
privilege under the Withings Services Terms and Conditions shall not
operate as a waiver; nor shall any single or partial exercise of any
right, power or privilege preclude any other or further exercise
thereof.
Evidence – Electronic communication
Any notification and communication between Withings and you can be
realised by any electronic means of communication such as emails. You
hereby grant us your express consent for sending you by electronic
means of communication any notification through your Withings
account.
Governing law – Dispute resolution
These Withings Services Terms and Conditions and all any action related
thereto shall be governed, controlled, interpreted by and construed in
accordance with the laws of the State of Massachusetts (USA) without
regard to principles of conflict of laws.
Any dispute, claim or controversy arising out of or relating to these
Withings Services Terms and Conditions or the breach, termination,
enforcement, interpretation or validity thereof, including the
determination of the scope or applicability of these Withings Services
Terms and Conditions to arbitrate, shall be determined by arbitration
rather than in court, except that you may assert claims in small
claims court if you claim qualify. The Federal Arbitration Act and
federal arbitration law apply to these Withings Services Terms and
Conditions. The arbitration shall be administered by Judicial
Arbitration and Mediation Services, Inc. (“JAMS”) pursuant to its
Streamlined Arbitration Rules and Procedures then in effect. The
arbitration will be conducted on an individual basis – class
arbitrations and class actions are not permitted -, in the hometown
area of the consumer, using the English language, by one arbitrator
who shall be selected from the appropriate list of JAMS arbitrators.
Judgment on the Award may be entered in any court having jurisdiction.
This clause shall not preclude parties from seeking provisional
remedies in aid of arbitration from a court of appropriate
jurisdiction.
Updated on 09 Mar 2020.
