TERMS AND CONDITIONS OF USE (INCLUDING PRIVACY POLICY)

  1.  General
    Vida is the smart control for vida smart home system (“the App”) by Fermax Asia Pacific Pte Ltd (“FermaxAP”), a company registered in Singapore.
    By installing the App, you agree to be bound by the terms and conditions below (the “Terms“) and our Privacy Policy. Please review them carefully before installation and/or acceptance. If you have any queries about the App or these Terms, you can contact Fermax. If you do not agree with these Terms, you should stop using the App immediately.
  2. Definition of Key Words
    Smart Control” by Vida allows you to be always connected to your Vida Smart Home system at home.
    FermaxAP” is the company offering the App to the User.
    Vida” 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.
    “Privacy Policy” means the privacy and data protection policy of FermaxAP contained below in FermaxAP Data Protection and Privacy Policy appendix.
    “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 Home System” means the Vida Smart Home system, gateway and smart devices.
  3. The Vida Genio App
    The App allows you to control your smart home devices remotely in any place in the world with internet connection. The Smart Control may only be accessed with Vida Genio Gateway from FERMAX. The controller admin name and password must be entered and validated in the Vida Genio App.
  4. 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.
  5. 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.
  6. 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.

  1. System Requirements
    The APP might not function with some smartphone or tablet models. Currently, Android versions equal or higher than 4.4 and iOS higher than 6 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.

  1. Availability
    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.
  2. 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.
  3. 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 equipments, handheld device or mobile telephones as a result of the installation or use of the App.
  4. 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.
  5. Severability
    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.
  6. 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.
  7. Applicable Law and Jurisdiction 
    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.
  8. Customer Data and Privacy
    Your privacy is important to us and we respect your privacy and the information you provide to us and aim to manage the information we may collect from you from time to time in a transparent and open manner in accordance with applicable laws on data privacy protection and data security, in particularly The Personal Data Protection Act Singapore (PDPA).

We may collect personal information from you from time to time including when you create your Vida Genio Account and during your use of the Vida Genio Product. You acknowledge and agree that the content and accuracy of the personal information, contact information and all other information you provide, including as part of setting up your Account, (Personal Information), is your responsibility.

Each party shall, in relation to Personal Information, comply with the Privacy Law, and refrain from any action which would result in a breach of the Privacy Law, or which would amount to interference with the privacy of an individual.

By providing Personal Information to us, you consent to us collecting, holding, using and disclosing your Personal Information in accordance with the terms related to privacy set out in this clause (hereinafter referred to as “Privacy Policy”). You do not have to provide Personal Information to us, however, if you do not, it may affect our ability to provide you with the Services and/or it may impact your use of the Device and Vida Genio Product or certain features of Vida Genio Product.

Personal Information We collect – During your use of Vida Genio Product, we will collect the following Personal Information from you: name; email address; gender; contact number; birthday; information about smart devices and your use of our smart device mobile application such as the device name, device ID, online status, activation time, firmware and upgrade information, your location when using smart devices, and data collected by specific smart devices; and any other Personal Information that we require to supply the specific information, products or services that you may request from FermaxAP from time to time within Vida Genio Product or by contacting us directly. We may also collect information related to the rooms, and certain device and room images from you if you specifically chose to upload such images as part of your use of Vida Genio Product.

Collection and Use of Personal Information – Generally, we will collect your personal information directly from you at the time that you sign up for your Vida Genio Account or whilst you are using certain features of Vida Genio Product. We may de-identify information when feasible and appropriate, depending on the nature of the information, the use to be made of the information and the risks associated with the intended uses.

Purpose of collecting, holding, using and disclosing personal information – The purpose of collecting, holding, using and disclosing Personal Information about you is predominantly so that we can provide you with Vida GenioProduct. However, we also collect, hold, use and disclose your personal information for the following purposes:

  • To contact and communicate with you directly;
  • For internal administrative purposes;
  • For quality assurance and improvement purposes;
  • To run competitions or offer additional benefits to you;
  • As part of our marketing and business development activities;
  • To resolve any disputes, we may have with you or others; or
  • As otherwise required by law.

Complaints – If you think we have breached a relevant data protection law or you wish to make a complaint about the way we have handled your personal information, please contact us using the details below and include your name, email address and/or telephone number and clearly describe your complaint.

Fermax Asia Pacific Pte Ltd Privacy Officer 
Address: Blk 13 Lorong 8 Toa Payoh #07-12 Braddell Tech Singapore
Email: vida@fermax.com.sg
Phone: +65 6259 0700

Notification of Data Breaches – We will comply with all applicable laws, including the PDPA, in respect of any data breach.

Business transfers – If we or our assets are acquired, or in the unlikely event that we go out of business or enter liquidation, we would include data among the assets transferred to any parties who acquire us. You acknowledge that such transfers may occur, and that any parties who acquire us may continue to use your personal information according to this Privacy Policy.

Changes to this Privacy Policy – At our discretion, we may change our Privacy Policy to reflect current acceptable practices. We will take reasonable steps to let you know of any such changes. Your continued use of the Nexus Product after any changes to this Privacy Policy will be regarded as acceptance of our practices around privacy and personal information.

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