Terms of use
Article 1: Definition
In these Terms of Use, the following terms are used in the following meanings unless expressly stated otherwise:
a. Domestic Heating Solutions B.V. the developer of the application, hereinafter referred to as DHS.
b. DHS app: the application concerned;
c. Service: the opportunity for the app DHS app User to control a fireplace or stove
control;
d. DHS app User: a (natural) person who has accepted the Terms of Use;
e. Account: username and password to manage/use DHS app account;
f. Terms of Use: the DHS app Terms of Use;
g. AVG: General Data Protection Regulation (EU) 2016/679, hereinafter referred to as AVG;
h. Personal data: any information relating to an identified or identifiable natural person (“data subject”). An identifiable person is a natural person who can be identified, directly or indirectly, for example by name, identification number, location data, or one or more other elements characteristic of that natural person;
i. Processing means any operation or set of operations involving personal data or a set of personal data, such as the collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, erasure or destruction of data.
Article 2: Use of the DHS app
1. The Terms of Use apply to any use of the DHS app. By downloading and/or using the DHS app, these Terms of Use are accepted.
2. Users may only use the DHS app for the purposes, as stipulated in these Terms of Use.
3. DHS reserves the right to unilaterally change the Terms of Use. The amended Terms of Use will take effect from the time of publication via the DHS app or on such date as mentioned in the publication. DHS will announce the changes by displaying or sending the amended Terms of Use when using the DHS app (login). By continuing to use the DHS app after displaying the amended Conditions of Use, the User agrees to the amended Terms of Use.
4. DHS shall ensure publication of the then current version of the Terms of Use on its website and/or via the app, which can be printed, downloaded, and saved.
Article 3: DHS app account
1. The Account is strictly personal and non-transferable. The User must handle the Account carefully, keep it secret, not make it available to third parties and keep it and/or store it in a safe place, in order to prevent misuse or improper use of the Account and/or DHS app.
2. Use of the app is for your own account and risk. DHS is not liable for any damage resulting from misuse or improper use of the Account and/or the DHS app.
3. DHS reserves the right but does not assume the obligation, to block the Account User and thereby terminate access to the DHS app if the User does not comply with the Conditions of Use and/or in case the User misuses or makes improper use of the Account and/or DHS app.
Article 4: Costs/fees
1. DHS app is a free application.
2. The costs for bringing in and using the DHS app (including costs for the internet) shall be borne by the User.
Article 5. Intellectual property rights
1. All intellectual property rights and/or similar rights to (the content of) the App, belong, exclusively and exclusively to DHS.
2. Subject to the express prior written permission of DHS, User is not permitted to reproduce or exploit (the content of) the App, whether or not together with or by engaging third parties.
Article 6: Liability
1. DHS shall not be liable, on any grounds whatsoever, for any damage arising and/or related to the use of (the content of) the App.
2. The (content of) the App has been carefully compiled. However, DHS cannot guarantee that the App will at all times be available without interruption, errors, or defects. DHS shall not be liable, on any grounds whatsoever, for damages resulting from and/or relating to such interruptions, errors, or defects.
Article 7: Privacy
1. In the context of the use and implementation of the application, DHS shall process possible (personal) data. The processing of personal data shall take place in accordance with the privacy statement of DHS and AVG. The privacy statement of DHS can be found at https://dhs-nl.com/privacy-statement-app/.
2. User is responsible for the correctness and completeness of the (personal) data provided by him/her.
Article 8: Cookies
When requesting and using the DHS app, functional cookies are used. These cookies are not used for purposes other than facilitating the services requested by DHS app Users. To the extent necessary, the User gives explicit consent to the application of these cookies.
Article 9: Applicable law and dispute resolution
1. The Terms of Use are governed by Dutch law.
2. All disputes arising from or relating to the use of the App shall fall within the exclusive jurisdiction of the competent Dutch court.
