Terms and conditions for Ikea – HOME SMART application
These terms and conditions (the “Terms & Conditions”) apply to you
(“you” or the “Customer”) when accessing and using the IKEA Home smart
Application and its content (the “Application”) and constitute a binding
agreement between you and IKEA of Sweden AB, Swedish company
registration no. 556074-7551, (“IKEA”, “we” or “us”) Tulpanvägen 1, 343
34 Älmhult. Sweden.
- Applicability and change of terms
By checking the acceptance box and proceeding to use the Application
you agree to these Terms & Conditions. You do not have the right to
use the Application without accepting these Terms & Conditions.
These Terms & Conditions also apply to any content you download from
and services you access through the Application.
The Application is compatible with certain third-party products and/or
services. These Terms & Conditions do not apply to the use of such
third-party products and/or services. Separate terms and conditions may
apply between you and the provider/manufacturer of the third-party
product and/or service in addition to these Terms & Conditions when
using the Application in conjunction with such product/service. You must
comply with applicable third-party terms of agreement when using the
Application.
IKEA is not responsible or liable for the functionality, content, or
features of any third-party product and/or service.
The Application is only available to users who are 18 or over. You
represent and warrant that you have the necessary legal competence, e.g.
that you are of that legal age, to accept these Terms & Conditions
and enter into a binding agreement. If you don’t have such necessary
legal competence, you confirm that you have received your parent’s or
guardian’s permission to use the Application and that your parent or
guardian hereby agrees to the Terms & Conditions on your behalf.
If you are entering into these Terms & Conditions on behalf of a
company or an organization, you represent and warrant to IKEA that you
have the right and authority to do so. When the Terms & Conditions
are entered into with a company or organization you present, “you” or
the “Customer” means that company or organization, as applicable.
By accepting these Terms and Conditions you represent and warrant that
(i) you are not located in a country that is subject to a U.S.
Government embargo, or that has been designated by the U.S. Government
as a “terrorist supporting” country; and (ii) you are not listed on any
U.S. Government list of prohibited or restricted parties.
These Terms & Conditions shall apply to the fullest extent
permitted by applicable law (including mandatory law). IKEA reserves the
right to change these Terms & Conditions at all times. We will
notify you by providing notice through the Application. If you do not
agree with the new Terms & Conditions you are free to reject them
but unfortunately, you will then no longer have the right to use the
Application. If you use the Application in any way after a change to the
Terms & Conditions you agree to the new version of the Terms &
Conditions.
You hereby acknowledge that these Terms and Conditions are concluded
between IKEA and you only, and not Apple. IKEA, not Apple, is solely
responsible for the Application and the content thereof.
- Application
The Application is made for the purpose of operating IKEA products that
are compatible with the Application and sold by IKEA or IKEA retailers
(collectively the “IKEA Home smart Products” and each an “IKEA Home
smart Product”) or products from third parties which through
collaborations between the third-party and IKEA are made compatible with
the Application (“Third-Party Products”).
IKEA will continue to develop the Application and reserves the right to
make any type of changes to the Application, including changes in
functionality. Changes may affect hardware and software that are
integrated with the Application. IKEA also reserves the right to stop
providing the Application. We will try to notify you before making any
material changes to the Application; unfortunately, this is not always
possible.
The Application and all intellectual property rights in it are the
property of IKEA of Sweden AB, and IKEA and its licensors retain all
rights, title, and interest in and to the Application and any updates we
may make available to you.
We may, from time to time, restrict access to certain features,
functions, or content of, or services accessible through, the
Application to users who have registered with us.
- Your right to use the Application
Subject to these Terms & Conditions, IKEA hereby grants you a
non-transferable, non-exclusive, right (without the right to sublicense)
to access and use the Application, as provided to you by IKEA, on any
Apple product(s) that you own or control and solely for i) your lawful,
private, personal and non-commercial use of operating the IKEA Home
smart Products and/or Third-Party Products if you are a consumer or ii)
non-commercial use of operating the IKEA Home smart Products and/or
Third-Party Products if the Customer is a company or organization.
Notwithstanding the foregoing, the Application may, when applicable, be
accessed and used by other accounts associated with the Customer via
Family Sharing or volume purchasing. The license is subject to any usage
rules set forth by Apple published in its App Store terms of service.
You will be assumed to have obtained permission from the owner of any
device that is controlled, but not owned, by you to download the
Application to that device. You accept responsibility, in accordance
with these Terms & Conditions, for all access to, and use of, the
Application by you on any device, whether or not it is owned by you.
You represent and warrant and agree that you will not use the
Application in a manner that violates applicable law or infringes on any
third parties’ rights and that you will not use the Application with
other products than the IKEA Home smart Products and/or Third-Party
Products. If you use the Application in a manner that violates the Terms
& Conditions IKEA may limit or terminate your access to the
Application.
You agree that you will not reverse engineer or make any derivative
works of the Application.
As part of using the Application, you may create connections between
various IKEA Home smart Products and/or Third-Party Products and the
Application. You acknowledge and agree that you will not connect any
physical devices or third-party services to the Application, or
otherwise use the Application, in a manner that could be dangerous to
you or to others, or which could cause damage to any property.
We cannot and do not guarantee the continuous, uninterrupted, or
error-free operability of the Application or that the Application will
respond at a certain speed (since this depends on several factors
outside our control).
Any questions or complaints regarding the IKEA Home smart Products
and/or Third-Party Products shall be directed to the IKEA retailer from
which the IKEA Home smart Product and/or Third-Party Product was
purchased. The contact details of the IKEA retailer can be found at; www.ikea.com.
- 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, privacy 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 WARRANTY 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.
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.
CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES UNDER MANDATORY LAW. THE LIMITATION AND EXCLUSIONS LISTED IN THIS
SECTION MAY THEREFORE NOT APPLY TO YOU IN ITS ENTIRETY.
- 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 Product 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 to 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
These Terms and Conditions, and your relationship with us under these
Terms and Conditions, shall be governed by the laws of the State of New
York without regard to its conflict or choice of laws provisions. Any
dispute with us, or our parents, subsidiaries, affiliates, officers,
directors, employees, agents, or affiliates, arising under or about this
Terms and Conditions shall be resolved exclusively through non-appealable
arbitration with one arbitrator by the rules of the American Arbitration
Association in New York, NY. If traveling to New York is a burden, you may
participate in the arbitration by phone or via document submission to the
fullest extent allowable by the arbitrator. Each party will bear their
costs of arbitration unless the arbitrator directs that bearing such costs
would be an undue burden and in that case, we will pay for your portion of
the arbitration administrative costs (but not your attorneys’ fees).
No Class Actions.
You agree to resolve any disputes related to these Terms and Conditions as
an individual and not as a class or join any class. You understand that,
in return for agreement to this provision and the dispute provision above,
we can offer the Application at the terms designated, and that your assent
is an indispensable consideration to this Terms and Conditions.
You also acknowledge and understand that, concerning any dispute with us,
our officers, directors, employees, agents, or affiliates, arising out of
or relating to your use of the Application or this Terms and Conditions:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE
ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO
PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING
ANY SUCH DISPUTE.
- Entire Agreement.
These Terms and Conditions set forth the entire understanding and
agreement between the parties relating to its subject matter. All
provisions that should by their nature survive the termination of this
Terms and Conditions shall survive the expiration of this Terms and
Conditions including, without limitation, limitations on liability,
provisions related to the choice of law, no class action, and no trial by
jury. Any waiver of or promise not to enforce any right under this Terms
and Conditions shall not be enforceable unless evidenced by a writing
signed by the party making said waiver or promise.
These Terms and Conditions were adopted by IKEA of Sweden AB on the 1st
of October 2022.