Vida Cool is the smart control for vida smart AC Controlller (“the App”) by Fermax Asia Pacific Pte Ltd (“FermaxAP”), a company registered in Singapore.
- Definition of Key Words
“Remote Control” by Vida Cool allows you to be always connected to your Vida Smart AC Controller at home.
“FermaxAP” is the company offering the App to the User.
“Vida Cool” is a free app already available for iOS and Android on Apple Store and Google Store respectively.
“Material”is all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material contained on, in, or available through the App.
“Trademarks“ means the trademarks, service marks, and logos contained on or in the App owned by FermaxAP or its group companies.
“User” means the person who intends to use the service and accepts these Terms.
“Smart AC Controller” means the Vida Smart Aircon Controller.
- The Vida Cool App
The App allows you to control your smart AC controllers remotely in any place in the world with internet connection.
The Remote Control may only be accessed with Vida Smart AC Controller from FERMAX. The controller admin name and password must be entered and validated in the Vida Cool App.
- Proprietary Rights and License to Use
The copyright, database rights and other intellectual property rights of all Material and Trademarks contained on, in, or available through the App is owned by or licensed to FermaxAP or its group companies. All rights are reserved.
FermaxAP hereby grants you a worldwide, non-exclusive, royalty-free revocable rights to use the App for your business and personal use in accordance with these Terms.
You can view, print or download extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without FermaxAP’s express permission.
You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trademarks without the prior written consent of FermaxAP or its group companies.
- Conditions of Use
The App is made available to you free of charge for your personal use, so it must not be used for any commercial purpose whatsoever or for any illegal or unauthorised purpose.
FermaxAP reserves the right to amend or withdraw the App, or charge for the application or service provided to you in accordance with these Terms, at any time and for any reason.
You acknowledge that the terms of agreement with your respective mobile network provider will continue to apply when using the App. As a result, you may be charged by the mobile network provider for access to network connection services for the duration of the connection while accessing the App or any such third party charges as may arise. You accept responsibility for any such charges that arise.
- Rules of Conduct
When you use the App you must comply with all local laws in your country of residence and with any applicable international laws and these Terms.
In particular, but without limitation, you agree not to:
- Use the App in any unlawful manner or in a manner which promotes or encourages illegal activity including, without limitation, copyright infringement; or
- Attempt to gain unauthorised access to the App or any networks, servers or computer systems connected to the App; or
- Modify, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App, save to the extent expressly permitted by these Terms or by applicable laws; or
- Allow third parties on your behalf to (i) make and distribute copies of the App; (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the App; or (iii) create derivative works of the App of any kind whatsoever.
You agree to indemnify FermaxAP in full and on demand from and against any loss, damage, costs or expenses which it suffers or incurs directly or indirectly as a result of your use of the App otherwise than in accordance with these Terms or applicable laws.
- System Requirements
The APP might not function with some smartphone or tablet models. Currently, Android versions equal or higher than 7.0 and iOS higher than 9 are required.
The services offered through the App provide remote interaction with the Smart AC Controller over the Internet network (WIFI or mobile data 3G-4G). In these cases, the proper performance and the integration between the Smart AC Controller and the App may depend on:
- Quality of the Internet signal.
- Type of access contract to the Internet in the installation.
- Type of data contract on your smartphone.
- Number of simultaneous accesses in the same installation.
When one of these 4 elements does not conform with the specifications required in the technical manual for product operation, Fermax accepts no responsibility for any malfunctioning.
15. Applicable Law and Jurisdiction
This App is available to handheld mobile devices running Apple iOS and Android OS Operating Systems. FermaxAP will use reasonable efforts to make the App available at all times. However you acknowledge that the App is provided over the Internet and mobile networks and so the quality and availability of the App may be affected by factors outside FermaxAP’s reasonable control.
FermaxAP and its group of companies do not accept any responsibility whatsoever for unavailability of the App, or any difficulty or inability to download or access content or any other communication system failure which may result in the App being unavailable.
- Service Suspension
FermaxAP reserves the right to suspend or cease providing any services relating to the App, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.
- Limitation of Liability
In no event will FermaxAP be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the App, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.
FermaxAP is not liable to you for any damage or alteration to your equipment including but not limited to air conditioner, handheld device or mobile telephones as a result of the installation or use of the App.
- Entire Agreement
These Terms constitute the entire agreement between you and FermaxAP concerning your use of the App.
FermaxAP reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the App.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties, as reflected in the provision, and all other provisions shall remain in full force and effect.
- No Waiver
FermaxAP’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by FermaxAP in writing.
These Terms shall be governed by and construed in accordance with Singapore law and you agree to submit to the exclusive jurisdiction of the Singapore courts and tribunals