1. Relationship between you and Withings.
- To be of age and aware of legal regulations or to have the signing authority;
- That you have the right to access and use the Website
We advise you to frequently consult the Withings Services Terms and Conditions and to save the latter version on durable media.
- Purchasing a Product or a service through the Website. In such case, you shall also refer to our General Sales Conditions;
4. Use of the Website
By using the Website in accordance with these Conditions, you may be offered the use of certain features and have access to data provided by Withings, its affiliate or partners. You may be fully aware that we can modify all or part of the Website at any time. By using the Website, you shall not:
- Make any use of the Website in contradiction with any law or regulations, third party rights such as Intellectual Property rights, Privacy etc.;
- Act in any manner that shall create any prejudice to Withings, its affiliate, partners or any user of our Applications, Products and Services;
- Fraudulently introduce any data on the Website or through the Website;
- Fraudulently Introduce any data on the Application or on Withings’ data server;
- To interfere, obstruct, distort the proper working of the Site or to use the Site in any manner which can conflict with any Rights of third parties or Withings;
- Undertake any action and/or use any method allowing data to be retrieved from our servers, including Data scraping, data harvesting, Web crawling from the Website or our database enabling any direct or indirect migration and/or duplication of a significant portion of the data and services accessible from the Website;
- To probe, scan, and technically analyse the Website;
- To test the vulnerability, the performance and functionality of the Website for reasons other than the ones strictly necessary to use the Website;
- Breach of any security measures implemented on the Website by Withings;
- To use any illegitimate means to breach any authentication method, implemented by Withings in order to enable connection by the user to the Application and/or to the purchasing module;
- To access and to maintain yourself into any section of the Website that is not specifically accessible to you by the usual use of the Website.
5. Connection and identification
Some functionality and section of the Website can require your identification through an account. Should you create an account, you are requested to follow a set of requirements in order to avoid that a third party will have access to your account.
Therefore, you have to verify that your password is sufficiently secured (composed with enough characters, mixed cases, and varied alphanumerical characters, etc.), disconnect your session when you disconnect from the Site. Access to your account and/or any other means at your disposal to get connected to the web Site is made under your own liability.
We remind you that access to your account can provide access to your personal data. Any Connection to your account from a third party and to which you have given you prior consent is your own responsibility. We cannot be responsible for all the personal data communicated to one or several parties through an authorization given implicitly or explicitly by you to one or several parties. Leaving the Website without logging-out, must be considered as an implicit authorization.
6. Intellectual Property
When you connect yourself to the Website and when using it, we, or any third party specifically designated for this purpose, grant you a personal, non-transferable, non-assignable, non-sub licensable license, non-exclusive, strictly limited to the purpose of this agreement and to the country from which you connect yourself to the Website, to all Intellectual Property rights attached to the connection, the download of all or part of the Website though your web browser and strictly limited to the use of the functionality offered by Withings or any third party designated for this purpose by Withings.
7. Use of Withings Trademarks and pictures of our Products
You must accept the following restriction in accordance to use the Authorised Content:
- You shall not distort any Authorised Content, including through cropped or incomplete quotation and you shall meet any presentation standard attached to the Authorised Content;
- We may, for any reason and at any time and without prejudice for you, request and obtain withdrawal of all or part of the Authorised Content no later than twenty four (24) hours from our request of withdrawal;
- By using the Authorised Content, you shall not suggest any kind of relationship, other than the one provided by the Conditions, between you and Withings. Any use of the Authorised Content shall not create any confusion between Writings’ Products and Services and your media, products and services. As such, without this list being exhaustive, you shall not use all or part of the Authorised Content as a name of a mobile applications, a social network page, or for any presentation when the Authorised Content is the main element, domain name etc.;
8. Hypertext link
Subject to the following provision, we hereby authorize you to use any hypertext link on our Website or any other page linked to it. The hypertext link shall not:
- Be used in connection with any framing method.
- Cause any prejudice whatsoever to Withings.
- Suggest any kind of relationship, other than the one provided by the Conditions, between Withings and the website including the hypertext link.
- Cause any infringement to any Intellectual Property rights.
Authorised User may use Deep link. The Website may contain links to third-party websites. We are not responsible for the content you may access from these third-party websites. However, we will make our best to remove Hypertext links pointing to any inappropriate content that you would notify us.
9. User’s commentary
You may write and submit commentaries and/or opinions on spaces provided to such purpose on our Website. Any commentary and opinion may be approved by Withings prior to their publication. If appropriate, we may ask you a proof of purchase or of a Withings’ Product possession if your commentary and/or opinion concerns a Product or Service of Withings. Once your commentary and/or opinion is submitted for publication, you will not be able to modify it. We shall refuse the publication of your commentary and/or opinion if:
- You can’t prove being the owner or user of a Product;
- Your commentary and/or opinion was is not submitted into the proper section;
- Your commentary and/or opinion is redundant with a commentary and/or opinion formerly submitted;
- We can’t identify you;
- We suspect you are being paid to write and submit your commentary and/or opinion;
- Your commentary and/or opinion is irrelevant to the purpose of the Website.
- Your commentary and/or opinion is derogatory, insulting and/or violate the law
- Your commentary and/or opinion may compare our Products to our competitors’ Products.
We may delete any commentary and/or opinion violating any of the above condition. When submitting a commentary and/or opinion, you grant us the non-exclusive, non-personal, without cost, transferable, sub licensable, right on a worldwide basis to represent and reproduce your commentary and/or opinion, in whole or in part, in a lineal manner or not on any media, such as the Website, press review or advertising, presentation or any physical or digital media as long as the rights shall enjoy legal protection For the purpose of protecting you Privacy, we will make our best to contact you if we expect to make a use of your commentary and/or opinion on any mean, such as advertisement or third party Website. At your request, and/or if we are not able to contact you, we (You and Withings) agree to protect your Privacy by using your commentary and/or opinion without identifying you as the author of this commentary and/or opinion.
10. Data Privacy
We may collect and record some of your personal data when you are using our Website, creating an account and/or purchase a Product. Shall be considered as a Personal data (hereinafter “Personal Data”) any information relating to an identified or identifiable natural person. An identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity. Any collection and proceeding of personal data must be carried out with your prior and freely given consent.
We grant You the right of access to and the right to rectify any data concerning You by contacting our customer service department or: By Mail: Withings – 2 rue Maurice Hartmann, 92130 Issy les Moulineaux
By email: firstname.lastname@example.org
You can also object, at any time on compelling legitimate grounds relating to your particular situation, to the processing of data related to you.
The following applies to:
- The Website
- The Applications
- Hosting services
- The API
- Any improvements of the above.
The following does not apply to:
- The Products
Unless required by any mandatory legal provision, the Website, the Applications, Hosting services, the API and improvements of the above (hereinafter the “Elements”) are provided on an “AS IS” and “AS AVAILABLE” basis. WITHINGS MAKES, AND USER RECEIVES, IN CONNECTION WITH THE ELEMENTS NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT PROMISE THAT THE ELEMENTS, OR ANY CONTENT SERVICE OR FEATURE OF THEME, INCLUDING ANY INFORMATION AND DOCUMENTS DOWLOADED BY YOU ARE FREE OF ERROR OR DEFECTS, OR THAT THE AFOREMENTIONED WILL BE CORRECTED.
WITHINGS DISCLAIMS ANY AND ALL LIABILITY FOR ANY DAMAGE DIRECTLY OR INDIRECTLY SUFFERED BY YOU, IN CONNECTION WITH OR RELATED TO YOUR USE OF ANY ELEMENTS. YOU MUST ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE ELEMENT. YOUR SOLE REMEDY AGAINST WITHINGS FOR ANY INSATISFACTION OR DECEPTION WITH ALL OR PART OF THE ELEMENT OR ANY CONTENT DIRECTLY OR INDIRECTLY LINKED TO IT IS TO STOP USING THE ELEMENT. THIS LIMITATION OF RELIEF IS AN ESSENTIAL PART OF THE BARGAIN BETWEEN THE PARTIES WITHOUT WICH THE PARTIES WOULD NOT HAVE ENTERED INTO AN AGREEMENT.
12. General provisions
a. Scope of the Agreement
If any provision of the 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 this Agreement 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.
d. 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.
e. Governing law – Dispute resolution
The arbitration shall be administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”) pursuant to its Streamlined Arbitration Rules and Procedures then in effect. The arbitration will be conducted on an individual basis – class arbitrations and class actions are not permitted -, in the hometown area of the consumer, using the English language, by one arbitrator who shall be selected from the appropriate list of JAMS arbitrators.
Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction
Updated on 07 May 2015.