Terms of Use of
HEMA Smart App

Welcome to HEMA Smart App!

You are supposed to carefully read all contents of these Terms of Use, and fully know its terms. In case of any questions, please contact the customer service department of HEMA B.V. (hereinafter referred to as “HEMA). You are only allowed to use the HEMA Smart App when you have read and accepted all terms of these Terms of Use. By start using the HEMA Smart App, it will be deemed that you have fully read and agreed with the terms of these Terms of Use. In case of any breach by you of these Terms of Use and/or our privacy policy, HEMA has the right to unilaterally restrict, suspend or terminate the service for you, and has the right to investigate your relevant responsibilities.

HEMA may change these Terms of Use unilaterally from time to time. In case of objection by you to such relevant changes, stop using the HEMA Smart App. If you keep using the HEMA Smart App, it will be deemed as that you hold no objections against the changed rules and agree to abide by them.

I. Use of the HEMA Smart App

1.1 HEMA only grants you a non-exclusive, revocable and non-transferable right to use the HEMA Smart App. The copyrights and all other intellectual property rights with regard to the HEMA Smart App (which includes the software) are exclusively vested in HEMA and/or any of its licensors. Nothing in these Terms of Use has the purpose of transferring such right in full or in part.

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.

2.2 You acknowledge that HEMA and its suppliers cannot guarantee that the HEMA Smart App always uses or contains such services, or that other software provided by the same third party will be used in future. Likewise, HEMA may use similar services supplied by another third party. Upon application, the aforesaid corresponding software or services are subject to these Terms of Use.

III. Privacy Policy and Data

3. It is crucial for HEMA to protect your personal information. HEMA conducts its business in compliance with the HEMA Smart Applicable laws on data protection. The use of the HEMA Smart App is supplemented by the HEMA Privacy Policy, This policy describes the use, collection, processing, storage and protection of your personal data. You are suggested to carefully read this Privacy Policy.

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

5.1 You should understand that you shall use the HEMA Smart App according to authorization scope, respect intellectual property of the HEMA Smart App and contents contained in the HEMA Smart App, and perform obligations according to these Terms of Use when using this App. HEMA will terminate your license if you are in breach of these Terms of Use and/or the Privacy Policy.

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.

6.2 Dispute arising from or in connection with these Terms of Use may be settled by you and HEMA through friendly negotiation or submitted to the court.