HEMA Smart App
Welcome to HEMA Smart App!
I. Use of the HEMA Smart App
1.2 You are prohibited to copying, altering, decompiling, reverse engineering, dissembling, adapting the HEMA Smart App or parts thereof without the prior written permission of HEMA. Due to limitations on software adaptation platform and terminals, you can only use the HEMA Smart App with your device that supports Android and/or iOS.
1.3 You shall use the HEMA Smart App in a normal manner. For example, you shall not (i) issue or share computer virus, worms, malicious codes, or software that deliberately damage or change computer system or data, (ii) collect information or data of other users without authorization, (iii) maliciously use the HEMA Smart App in an automatic way, causing over load to the server, or interfere with or damage the web server and network links in other forms. 1.3 You acknowledge that the HEMA Smart App can only be used for non-commercial purposes.
1.4 The installation and the proper maintenance of the hardware required for the HEMA Smart App is at your own expense, risk and responsibility.
1.5 HEMA and its suppliers may change, upgrade, optimize or transfer the HEMA Smart App or relevant functions at any time, and may add new functions or services to the HEMA Smart App. Service supply may be disrupted due to regular and irregular maintenance.
1.6 You shall be responsible for the accuracy, reliability, integrity and legality of input of your data and legality of the way in which you obtain the data, and shall back up data and information from time to time. You shall bear all risks for damage and loss of such data.
1.7 You shall keep your account number and password with care and confidential. In case of any safety loophole for your account (including but not limited to divulgence of user password), you shall notify HEMA as soon as possible, and HEMA will assist you in taking relevant measures. Otherwise, all behaviors related to your account shall be assumed by you and you will bear all responsibilities.
II. A Third Party
2.1 You acknowledge that certain services of HEMA are based on software or services provided by a third party. Such service is set to facilitate your application and necessary legal authorization is obtained from the third party. HEMA neither controls nor bears responsibility for information and services of such third party.
IV. Liability 4.1 The HEMA Smart App is provided "as is” and "as available." Any and all liability for material defects and defects of title including, without limitation, for the accuracy, absence of errors, absence of third-party protection rights and copyrights, completeness, usability, uninterrupted availability, reliability, security and/or compatibility with any third party product or service are excluded, except in cases of deliberate intent or fraud.
4.2 You have been informed of that the usage of the HEMA Smart App involves in internet service, which may be affected by unstable factors in all links. Although HEMA has taken safeguard measures, the service may be suspended, terminated, delayed, suffered from application restriction or application failure due to inherent defects of internet and e-communication as well as factors beyond reasonable control (including but not limited to fire, flood, terrorist attack, pandemics, natural disasters, riot, terminal virus, hacker attack, network fault and terminal fault). You hereby agree to bear foregoing risks and agree that HEMA is free from any responsibility when normal running of services are influenced by the occurrence of foregoing risks.
V. Agreement Termination and Breach of Agreement
5.2 Your application of the software relies on supporting services supplied by companies involved by HEMA's. Breach of terms, agreements, rules, annunciation and other relevant regulations of HEMA and the involved third party companies may cause failure in normal usage of the HEMA Smart App, in which case, HEMA shall be entitled to terminate the HEMA Smart Application license, or take measures to restrain your application license or other rights and interests controlled by HEMA as agreed in the Agreement, including suspension or termination of your application license.
5.4 When the HEMA Smart Application license terminates, you shall stop using the HEMA Smart App (which includes the software) and destroy all copies.
5.5 You must bear all compensation responsibilities if HEMA and other users suffer from losses caused by your breach of the terms in the Agreement.
X. Governing Laws and Severability
6.1 Effectiveness, explanation, change, execution and dispute settlement of the Agreement are subject to Dutch law.