Claims
In the event of any third-party claim that the Application or your possession and use of the Application infringe that third-party’s intellectual property rights, IKEA, and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claims.

IKEA, and not Apple, is responsible for addressing any claims by you or any third-party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claims that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, including in connection with the Application’s use of the HomeKit frameworks.

Disclaimer and limitation of liability

The Application is provided as a standalone application service and shall not be considered an integrated part of any IKEA HOME SMART Products OR ANY THIRD-PARTY PRODUCT or service. a defect in, or unavailability of, the application shall in no event be interpreted as a defect in any IKEA product or ANY third-party product.

under no circumstances is Ikea responsible or liable for third-party products or services.

The Application is provided free of charge and “as is” and “as available” without warranty of any kind including for function, availability, fitness, or use for a particular purpose. Any warranty obligation or any claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warrranty will however not be apple’s obligation but Ikea’s.in the EVENT OF failure of the application to conform to any applicable warranty, you may however always notify apple.

subject to any non-excludable statutory liability in no event will IKEA be liable for Personal injury or any losses or damages, including but not limited to any incidental, consequential, direct, or indirect damages, or loss of data, arising out of or related to your use or inability to use the Application. IKEA’s AGGREGATE LIABILITY SHALL, IN ANY EVENT, BE LIMITED TO THE GREATER OF (i) ONE HUNDRED (100) EURO OR (ii) THE AMOUNTS PAID (IF ANY) BY YOU TO IKEA IN CONNECTION WITH THE APPLICATION IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM.

IN THESE TERMS & CONDITIONS "ACL" MEANS THE AUSTRALIAN CONSUMER LAW CONTAINED WITHIN THE COMPETITION AND CONSUMER ACT 2010 (CTH OF AUSTRALIA) AND ALL EQUIVALENT AUSTRALIAN STATE AND TERRITORY LEGISLATION.

ANY LIABILITY OF IKEA’S TO YOU ARISING OUT OF OR RELATING TO A CONTRAVENTION OF A CONSUMER GUARANTEE CONFERRED BY DIV 1 OF PT 3-2 OF THE ACL AND THE ASSOCIATED REMEDIES, IS IN ALL CASES (EXCEPT FOR ANY LIABILITY FOR FAILURE TO COMPLY WITH ANY OF THE GUARANTEES UNDER SECTIONS 51, 52 OR 53 OF THE ACL) LIMITED TO:

- 1. IN THE CASE OF THE SUPPLY OF GOODS (WITHIN THE MEANING OF THE ACL), ONE OR MORE OF THE FOLLOWING (AT IKEA’S ELECTION):

THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS;
THE REPAIR OF THE GOODS;
THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS;
THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED;

AND

- 1. IN THE CASE OF THE SUPPLY OF SERVICES (WITHIN THE MEANING OF THE ACL), ONE OR MORE OF THE FOLLOWING (AT IKEA’S ELECTION):
    1. THE SUPPLYING OF THE SERVICES AGAIN;
    2. THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.

FOR THE AVOIDANCE OF DOUBT, NO PROVISION OF THESE TERMS & CONDITIONS SHALL HAVE EFFECT AS, OR BE TAKEN TO BE, A TERM REFERRED TO IN SECTION 276A(4) OF THE ACL IMPOSING ON IKEA A LIABILITY GREATER THAN THAT MENTIONED IN SECTION 276A(1) OF THE ACL IN CIRCUMSTANCES WHERE SECTION 276A(1) OF THE ACL OPERATES TO LIMIT IKEA’S LIABILITY UNDER SECTION 274 OF THE ACL.

FOR CONSUMERS TO WHOM THE ACL APPLIES THE DISCLAIMERS AND LIMITATIONS OF LIABILITY LISTED ABOVE DO NOT REDUCE YOUR MANDATORY CONSUMER RIGHTS UNDER THE LAWS OF THE COMMONWEALTH OF AUSTRALIA.

Privacy Notice

IKEA takes your privacy seriously. Our collection and use of personal data in connection with the Application are described in the IKEA Home smart Privacy Statement.

Assignment

You may not assign, delegate or transfer these Terms & Conditions or your rights or obligations hereunder, in any way (by operation of law or otherwise) without IKEA’s prior written consent. We may transfer, assign, or delegate these Terms & Conditions and our rights and obligations without consent.

Other

You hereby acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support service concerning the Application.

You hereby acknowledge that Apple and its subsidiaries may be third-party beneficiaries of these Terms and Conditions and, upon your acceptance of these Terms and Conditions, Apple and Apple’s subsidiaries will have the right to enforce the Terms and Conditions against you as a third-party beneficiary thereof.

You must comply with any applicable third-party terms of agreement when using the Application, such as your mobile phone provider's data usage agreement.

If any provision of these Terms and Conditions is to be held invalid or unenforceable by any competent court, authority, arbitral tribunal, or alternative dispute resolution board, the remainder of that provision and all other provisions will remain valid and enforceable to the fullest extent permitted by applicable law.

Choice of law and jurisdiction

Subject to the overriding application of section 67 of the ACL, as applicable, any disputes regarding the interpretation or application of these Terms & Conditions shall be governed by the law of your country of residence and shall be exclusively settled by the courts of that jurisdiction.

These Terms and Conditions were adopted by IKEA of Sweden AB on the 1^st of October 2022.