I. Introduction
II. Scope
III. Account creation and
deletion
- Subscription
- Un-subscription
IV. Intellectual property
rights
V. Personal data
VI. Availability of the
services and liability
VII. Terms of Use
VIII. Term
IX. GTU / Application changes
X. Severability – Effect of
the invalidity of a clause
XI. Governing law &
Dispute resolution (Competent court)
Publication/last update date: March 7th, 2022
The Home + PRO application,the Hotel+PROJECT and the Upservice applications,
hereinafter referred to as the "Application", are published and
operated by Legrand France:
Société anonyme capitalized at EUR 54,912,550
SIRET No. 758 501 001 00013
APE Code 2733Z
128, av. du Maréchal de Lattre de Tassigny
87045 Limoges Cedex (France)
email: webmaster.legrand@legrand.fr
RCS Limoges 758 501 001
VAT identification number FR 94 758 501 001
Director of the publication:
Antoine Burel
("Legrand" or
"we" (and its derivatives))
The
Application is a software that allows you to access information to help you
configure and commission products manufactured by Legrand (or other entities of
its group) at end-customers' premises. The Application can be accessed through
electronic means (e.g. depending on the Application, via your smartphone,
tablet or computer).
These general
terms of use (hereinafter the "GTU") define the terms for
access to and use of the Application, which we are making available to you, without fees
being charged by Legrand, for
your use as professional and qualified installer of products manufactured by
Legrand or by other entities of its group.
To use the
Application, you must create an account, which requires your prior acceptance
of the GTU. We ask you to read these terms carefully. By accepting the GTU, you
acknowledge that you (i) have read and understood the GTU, and (ii) accept and
agree that the GTU will form a binding agreement between the user of the
Application (you) and Legrand, describing the rights and obligations of each of
the parties in relation to the Application.
To avoid any
ambiguity, the GTU is only intended for professional and qualified installers
of products manufactured by Legrand or by other entities of its group.
To allow you to
access our services that are accessible via the Application, we need you to
create an account. The Application cannot run without this necessary first
step.
By creating your
account:
·
You
confirm that you are a professional and qualified installer of products manufactured by Legrand or other entities
of its group;
·
You
confirm that the information you are giving us is accurate;
·
You
confirm that you have reached the legal age to enter into a binding agreement
(in the country where you are established);
·
You undertake
to keep your user name and password (your log-in details) strictly confidential
(in particular, they must not be disclosed or communicated to third parties),
and to take the necessary measures to keep them secure;
·
You undertake
not to do anything that would allow an unsubscribed third party to access
the Application;
·
You
undertake to use the functionalities offered by the Application for their intended
purposes and in accordance with the terms of the GTU; and
·
You undertake to notify Legrand immediately of any (i) unauthorized
use (or serious risk of unauthorized use) of your account, username or
password, and (ii) vulnerability of one of our products or services, of which
you become aware of. To do so, please contact us using the following address: security-incident-on-iot@legrand.com.
You remain free
to unsubscribe and close your account at any time directly via the Application.
To obtain more information in this respect, you can visit our FAQs on the site
qna.legrand.com, or call our customer service department (https://legrand.com/en/landing).
Once you
unsubscribe, you will no longer have access to the Application. You have a
period of thirty (30) days from your request to unsubscribe, to reverse your
decision and reactivate your account without any consequence on the
functionalities and on the data of your account. At the end of this period of
thirty (30) days, your account and the related data will be permanently deleted.
This will however not apply to your personal data and associated data which
will be retained for a longer period set out in the privacy notice relating to
the Application (the
"Privacy Notice" ).
If you lose your password or encounter difficulties in
accessing your account, you may request the deletion of your account.
Lastly, if your
account remains inactive for a period of three (3) consecutive years from the
date it was last used, your account and the personal and non-personal data
attached thereto will be permanently deleted, unless you object to this via
email before the end of the above-mentioned three (3)-year period.
Unless otherwise mentioned, Legrand is the exclusive owner or license
holder of all of the intellectual property rights related to the Application
(including, but not limited to, the patents relating to the Application, the
rights attached to object code and the source code of the Application as
well as all the trademarks, logos, texts, layouts,
visuals, photographs, graphics, icons, all other distinctive elements contained
in the Application and any copyrights relating to the Application more
generally).
The GTU do not grant the transfer of any ownership or intellectual property
rights to you. Subject to the terms set out in the GTU, Legrand grants you a
licence to use the intellectual property rights related to the Application for
the sole purpose of allowing you to access and use the Application (including
its updates) on your electronic device (e.g. smartphone or tablet) or, where
possible, on your computer. To avoid any ambiguity, you are reminded that the
use of the Application must be limited to your needs as professional and qualified installer of products manufactured
by Legrand or by other entities of its group and cannot be exploited for
purposes other than those described in the GTU. This licence is granted without
fees being charged by Legrand and is revocable, not transferable, not sublicensable
and not exclusive. In addition, this licence is granted as from the creation of
your account and until its closure (for any reason whatsoever), only in
countries where products compatible with the Application are commercialised by
entities of the Legrand group.
You undertake
that your use of the Application does not in any way violate the intellectual
property rights of Legrand or any third parties.
Legrand will collect and process your personal data, in
particular for the creation of your account and the use of the Application.
Legrand will process your personal data in accordance with the applicable
regulations and with the Privacy Notice. To get more information in this
respect, you can access and read the Privacy Notice .
For
the avoidance of doubt, the Privacy Notice does not cover:
- the
processing carried out by Legrand (or by other entities of its group) of
personal data relating to end-customers using products manufactured by Legrand
(or by other entities of its group): these processing activities are carried
out under the exclusive responsibility of Legrand (or its relevant group
entities) and are described in a separate document made available by Legrand
(or by the relevant entity of its group) directly to its end-customers through
their dedicated application;
- your
processing of the personal data relating to your customers (including
end-customers for whom you have installed products manufactured by Legrand (or by
other entities of its group)): these processing activities are carried out
under your exclusive responsibility. You undertake to comply with all
applicable laws and regulations in this respect (in particular regarding
transparency requirements and data subjects' data protection rights). Legrand
(or any other entity of its group) shall not incur any liability in this
respect.
Subject to the
provisions of the GTU (in particular the paragraphs below), Legrand grants you
continuous access to the Application. Legrand has put in place appropriate
measures to ensure the proper working and proper security level of the Application,
and undertakes to conduct regular checks to maintain this state.
From time to time,
Legrand may be required to suspend access to the Application in order to
perform technical maintenance, migration or update operations.
To the extent possible and except in case of emergency, we will inform you
of these access interruptions before they occur, via email (and also, where
possible, by an in-app / push notification). For the avoidance of doubt, it is
specified that Legrand will not be held liable for such kind of interruptions and will not offer any compensation in respect
thereof.
Legrand will be
liable for a loss or damage that you suffer to the extent that such loss or
damage results from a breach of Legrand's obligations under the GTU. The scope
of its liability will be determined, where relevant, in accordance with applicable
law.
In light of the preceding
principle and to avoid any ambiguity, Legrand cannot be held liable for non-performance
or poor performance of its obligations under the GTU resulting from:
·
your
behaviour (such as your use of the Application in violation of the GTU);
·
an
act by a third party not acting under the control of Legrand (such as, if the
conditions are met, an interruption in access to the Application caused by the
failure of an internet access provider or by a technical problem caused by your
electronic device);
·
a force
majeure event. For your full information, a force majeure event corresponds, in
our case, to an event that is outside our control, which could not be
reasonably anticipated when you entered into this agreement with Legrand, the
effects of which cannot be avoided through appropriate measures, and which
prevents us from fulfilling our obligations set out in the GTU. When they
satisfy the aforementioned conditions, the following events will constitute
force majeure events (not exhaustive list): fires, exceptional climate events,
floods, explosions, wars, civil disorder, strikes, pandemic or epidemic, energy
supply shutdown, phenomena of electrical and electromagnetic origins that
disrupt the mobile networks, a wide-ranging computer attack, a legislative or
regulatory change or any other binding decision by a public authority that
would prevent us from supplying or would affect the provision of the
Application and the supply of the services related thereto.
For the avoidance
of doubt, it is also specified that you remain solely liable for the
configuration and security of your information system and of your equipment and
that you are solely responsible for verifying their compatibility with the
Application. Therefore, Legrand cannot in any case be held liable for the non-performance
of the Application or damages caused to your information system or your
equipment due to the non-compatibility between the Application and your
information system or your equipment. You can check the compatibility of the
Application with your systems and equipment directly on the store (Google play,
App store).
Legrand is granting you a right to access and use the Application. This
right is granted to you under the condition that you comply with the GTU, as
well as with laws and regulations that may apply to you when accessing and using the Application.
As part of your
access to and use of the Application, you undertake:
·
not to use this Application in a manner that risks violating the rights of
another, such as the other users of the Application;
·
not to copy-paste, reproduce or extract, whether in part or in full, on any
medium and by any method whatsoever, the content and the elements appearing in
this Application, without prior and written permission from Legrand;
·
not
to perform any act that may violate Legrand's rights and financial, business or
moral interests, including any violation of the image and reputation of
Legrand;
·
not to use a software, a "routine" or any other kind of device or
programme to hinder or try to hinder the proper running of the Application, by
any means whatsoever, including downloading or providing files containing
altered data or viruses;
·
not to process personal data of your customers or other third party through
the Application;
·
not to damage, alter or modify the graphic appearance of this Application
or the code of its component software;
·
not to take any action that may cause unreasonable or disproportionate
traffic on the Application or a related IT infrastructure;
·
not to obtain or try to obtain unauthorized access to one of Legrand's networks,
through any means whatsoever;
·
not to set up systems that may, or are of a nature, to infringe the
Application in whole or in part, to constitute an act of unfair competition or
to violate the GTU.
For the avoidance of doubt, it is specified that the failure or delay in
exercising a right or recourse where you
breach the terms of the GTU does not constitute a waiver of Legrand to exercise
that right or recourse or any other right or recourse available to Legrand.
If you do not
comply with the GTU — in particular, if you adopt one of the prohibited
behaviors listed above — or more generally, if you violate applicable laws and
regulations when accessing and using the Application, we reserve the right to
initiate any action against you in order to compensate for any loss or damage you
may have caused, as well as to suspend and/or close your account.
The contract
formed between you and Legrand based on the GTU is entered into for an indefinite
term. You may terminate this contract at any time, without having to provide
any reason and without incurring any liability, by following the unsubscribe
procedure described in article III above. Legrand is also entitled to exercise
this termination right and terminate this contract at any time via email (without
having to provide any reason and without incurring any liability), subject to
thirty (30) days’ prior notice to you.
Legrand may be required
to modify the GTU and/or the Application to take into account technical or
regulatory changes, without this resulting in changes to the quality of the
services offered by the Application, its essential characteristics, nor changes
regarding the free access to the Application (i.e. without financial remuneration
in favour of Legrand) or regarding the term of your contract with Legrand. In
such a case, we will inform you of these changes via email at the moment at
which these changes will take effect (and/or, where possible, via an in-app / push
notification).
Legrand may also decide to modify the
GTU and/or the Application more substantially (e.g.
changes affecting the principle of free access to the Application (i.e. without
financial remuneration in favour of Legrand), the essential characteristics of
the services offered via the Application, the term of your contract with
Legrand). In
such a case, we will inform you of these changes made to the GTU and/or to the
Application via email (and also, where possible, via an in-app / push
notification) reasonably in advance before the changes
take effect. Continuation of your contract with Legrand and of the access to
the services offered via the Application will be subject to your prior consent
obtained through a button "I accept". If you refuse to click on the
button, you will not be able to access the services offered through the
Application as from the date of entry into effect of the abovementioned
changes.
In any case, it
is reminded that you can unsubscribe at any time and terminate your agreement
with Legrand, without notice.
Should any provisions of the GTU, or parts
thereof, be or become null and void, ineffective, deemed unwritten or unenforceable,
all other provisions agreed between Legrand and you shall remain in full force
and effect.
The GTU, as well
as the resulting operations, are governed by, and interpreted in accordance with,
French law.
In case of
dispute or claim, we are always prepared to examine an amicable solution before
any legal action. Any questions or claims regarding the Application may be
submitted to our customer service, the contact details of which are available
at the following address: https://legrand.com/en/landing.
In case of
failure to amicably settle a dispute or claim (of whatever nature), the said
dispute or claim shall be referred to the exclusive jurisdiction of the competent courts of France (to
the extent permitted under the mandatory rules of the law of the country in
which you are established).