Withings Services Terms and Conditions
1. Relationship between you and Withings.
By using our Websites, our Applications, our Products and services, our Web hosting services, our application program Interface (Hereinafter the “Services”) you expressly manifest your agreement to the following Withings Services Terms and Conditions.
The Withings Services Terms and Conditions are binding and form a contract between you and Withings. Withings is a French corporation, having its registered office at 2, rue Maurice Hartmann, 92130 Issy-les-Moulineaux, in France (hereinafter “Withings” or “We”).
The Withings Services Terms and Conditions are composed of:
- Our Policy Statement on Data Protection
- Our legal notes
- Our General Sales Conditions
- Our Compliance Page
Our Products must be used in accordance with the User guide attached to it. You can find our userguide on the Withings Help Center.
As a user of Withings Services, You, acknowledge and guarantee:
- That You have obtained and read a copy of the Withings Services Terms and Conditions
- To be in possession of the Withings Services Terms and Conditions on a durable media especially, but not limited to, by printing them out; Durable media means any instrument which enables you to store information addressed personally to you in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored
- To be of age or authorized to use the Services under the law of your country of residence;
- That you agree with, and do not object with any clause or part of the Withings Services Terms and Conditions;
- That by using all or part of the Services you do not object with any clause or part of the Withings Services Terms and Conditions;
Any objection or contestation to the Withings Services Terms and Conditions (hereafter the "Conditions") would be interpreted as a refusal to agree to the Conditions. IF YOU WERE TO DISAGREE WITH THOSE TERMS AND CONDITION YOU ARE REQUESTED NOT TO USE ANY OF OUR PRODUCTS OR SERVICES.
2. Modification of the Withings Services Terms and Conditions
It is understood between the parties that Withings keeps the right, in any case, to modify all or part of the Withings Services Terms and Conditions, to reflect changes to the law or any applicable regulation, changes to our Services or any event which is deemed sufficient by Withings to command such revisions. Any new version of the Withings Services Terms and Conditions will not apply retroactively but replaces and supersedes the previous Withings Services Terms and Conditions. We advise you to frequently consult the Withings Services Terms and Conditions and to save the latter version on durable media.
3. General provisions
If any provision of Withings Services Terms and Conditions is held invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable part or provision will be deemed as unwritten.
Any failure to exercise or delay in exercising any right, power or privilege under the Withings Services Terms and Conditions shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof.
c. Evidence – Electronic communication
Any notification and communication between Withings and you can be realised by any electronic means of communication such as emails. You hereby grant us your express consent for sending you by electronic means of communication any notification through your Withings Account.
d. Governing law – Dispute resolution
In the event of any controversy or dispute between Withings and You arising out of or in connection with your use of any Products and Services (such as our Website, API, Application etc.) provided by Withings, the parties shall attempt, promptly, in good faith and before any judicial action, to resolve the dispute though alternative dispute resolution.
The Parties may agree to resolve their dispute in accordance with Directive 2013/11/UE of the European parliament and of the council of the 21 may 2013 on alternative dispute resolution for Consumer disputes and the Regulation (EU) No 524/2013 of the European Parliament and of the council of 21 May 2013 online dispute resolution for Consumer disputes.
Updated on 26 Apr 2015.