STIHL Tirol
MY iMOW®
Terms of Use
As at: 01/2023
Market: New
Zealand
1.1
STIHL
Tirol GmbH, Hans-Peter-Stihl-Str. 5, A-6336 Langkampfen/Kufstein, Austria,
information@stihl.at, registered at the Regional Court of Innsbruck under FN
46276 d, VAT identification number ATU32234908, ("STIHL Tirol")
provides you with an application for mobile devices ("MY iMOW® Mobile
App") and a browser-based application ("MY iMOW® Web App")
for the operation of a STIHL Tirol iMOW robot mower ("iMOW robot mower"),
under the name "MY iMOW®".
1.2
Use
of MY iMOW® is free of charge.
1.3
These
Terms of Use shall apply in the most recent version accepted by you. STIHL
Tirol does not store the Terms of Use for you, the latest valid version is
available in MY iMOW®.
1.4
Only
the English language is available for the conclusion of the contract in the New
Zealand market.
1.5
Your
General Terms and Conditions of Business will not become part of the contract
between STIHL Tirol and you, even if not expressly rejected by STIHL Tirol.
1.6
These
Terms of Use apply exclusively between STIHL Tirol and you. If you download the
MY iMOW® Mobile App from Apple Inc.'s App Store or from Google LLC’s Google
Play Store (together "App Stores") to your mobile device,
Apple Inc. and Google LLC are not responsible for the content in MY iMOW®.
The contract concluded based on these Terms of
Use between you and STIHL Tirol GmbH, Hans-Peter-Stihl-Str. 5, A-6336 Langkampfen/Kufstein,
Austria, registered at the Regional Court of Innsbruck under FN 46276 d, VAT
identification number ATU32234908, shall be taken over at a later date by STIHL
direct GmbH, Badstr. 115, 71336 Waiblingen, Germany. You hereby already agree
to this takeover of the contract. You will be explicitly informed again before
the contract is taken over.
3.
MY
iMOW®
REGISTRATION
3.2
The
Digital Platform is subject to separate Terms of Use, available at https://app.stihl.com/en-nz/legal/terms-of-use. If you
terminate your contract concluded with STIHL direct GmbH for the STIHL Account,
it is no longer possible to access MY iMOW®. You will be informed of this when
you cancel your STIHL Account.
3.3
If
the iMOW robot mower has a Bluetooth function and you control and manage the
iMOW robot mower only via this Bluetooth connection, registration for a STIHL Account
via the Digital Platform is not required. STIHL Tirol facilitates the use of an
iMOW robot mower exclusively via a Bluetooth connection for iMOW® 5, 6, 7 and
iMOW® 5 EVO, 6 EVO, 7 EVO.
4.
CHANGES
TO MY iMOW® CONTENT and Terms of Use
a)
MY
iMOW® needs to be adapted or discontinued due to a change in the law or case law;
and/or
b)
for
other reasons, a change or addition to MY iMOW® seems imperative and does not place
you at an unreasonable disadvantage.
STIHL Tirol will notify
you thirty (30) days in advance or, if STIHL Tirol is able to do so in the
respective individual case, sooner and in advance in text form about the
amendment in accordance with this clause 4.2 and send the
amended Terms of Use in text form. In accordance with the provisions of this clause
4.2 before the
date of entry into force of the amendment, you may either grant or withhold
your consent. Consent shall also be deemed granted if you have not
expressly consented before the date of entry into force ("Assumed
Consent"), unless you explicitly withhold your consent vis-à-vis STIHL
Tirol before the amendment enters into force. The text form is sufficient for
the refusal of consent. For each amendment as defined in this clause 4.2 STIHL Tirol
will expressly inform you of the legal consequences of Assumed Consent.
4.3
Any
amendment to the usage relationship exceeding the scope specified in clauses
4.1. to 4.2 shall
require your explicit consent. STIHL Tirol will inform you thirty (30)
days in advance or, if STIHL Tirol is able to do so in the respective individual
case, sooner and in advance in text form about the amendment to the Terms of Use and send
the amended Terms of Use in text form. In accordance with the provisions of
this clause 4.3, you may
either grant or withhold your consent to the amendment. If you do not consent
to the amendment in accordance with this clause 4.3 within
thirty (30) days, the contractual relationship will be continued on the
previous, unchanged Terms of Use.
4.4
STIHL
Tirol reserves the right to make formal changes, editorial changes and updates
to the hyperlinks at any time without prior notice.
4.5
You
will not incur any additional costs due to changes made under this clause 4.
5.1
Depending
on the functions of the respective iMOW robot mower, it may be used via MY
iMOW®
a)
with
a Bluetooth and/or WiFi connection, or
b)
with
a Bluetooth, WiFi and/or mobile connection.
5.2
In
order to control the iMOW robot mower by mobile connection or WiFi, the iMOW robot
mower must be located in an area where sufficient mobile reception or WiFi
reception can be established. To control the iMOW robot mower using Bluetooth,
your device must be located near the iMOW robot mower.
5.3
The
use of MY iMOW® requires a compatible device, i.e. an Internet-enabled
smartphone/tablet/etc. for MY iMOW® Mobile App or an Internet-enabled
smartphone/tablet/PC/laptop/etc. with a supported Internet browser for MY iMOW®
Web App.
5.4
The
MY iMOW®
Mobile App is downloaded via the App Stores. For more
information, visit http://info.myimow.stihl.com.
6.
General
RIGHTS, User's
Obligations and Rights of Use of Machine Data
6.1
When
using MY iMOW®, you must refrain from unlawful acts, breaches of the law and infringements
of third party rights.
6.2
You
are obligated to keep up to date the operating system you use for MY iMOW®
and/or the browser you use for the MY iMOW® Web App.
6.3
If
you upload content to MY iMOW®, make sure that you do not infringe any third
party rights. STIHL Tirol is entitled to remove illegal or offensive content
that you have uploaded via the functions provided by STIHL Tirol for this
purpose, insofar as STIHL Tirol acquires knowledge of such content.
6.5
You
hereby grant STIHL Tirol the non-exclusive, worldwide, transferrable,
sublicensable, unlimited in content and time, irrevocable right to permanently
store, copy, distribute, present, make publicly available, modify, process ,
analyse, merge with its own data and data of third parties, link, collate into
independent new datasets and entrust to third parties all or part of anonymised
or non-personal MY iMOW® or iMOW robot mower data.
7.
STIHL
IoT Service
Portal
7.1
In
connection with the iMOW robot mower and MY iMOW®, STIHL Tirol operates a
digital portal for specialist retail and STIHL Tirol support ("STIHL
IoT Service Portal"). Qualified specialist retailers as well as STIHL
Tirol Support can access your iMOW robot mower to a limited extent via the
STIHL IoT Service Portal and, for example, perform support actions in case of a
malfunction of the iMOW robot mower.
7.2
Retailers'
assistance will be provided on the basis of a separate agreement between you
and the retailer.
8.1
STIHL
Tirol grants you a simple, non-transferrable and
non-sublicensable right to use MY iMOW® in accordance with the
terms of the contract, limited in time to the term of the Terms of Use. This
includes, as far as technically necessary, the installation on your device as
well as the loading, displaying and running on your device. You are not
permitted to decompile, reverse engineer, or disassemble MY iMOW® or parts
thereof, nor otherwise attempt to acquire source code, object code, or
underlying structural ideas, know-how, algorithms, or other functional
mechanisms. Sections 69a et seqq. of the German Copyright Act [Urheberrechtsgesetz
– UrhG] otherwise remain unaffected.
8.3
If
you use the
MY iMOW® app
on an Apple device, the right to use the MY iMOW® app (see clause
8.1 above) extends
to all Apple devices you own or control. In accordance with the terms of Apple
Media Services (available at https://www.apple.com/legal/internet-services/itunes/de/terms.html), the MY iMOW® app can also be
accessed, installed and used by other accounts associated with you (such as
family sharing or bulk purchases) in accordance with these terms of use.
9.
Availability
9.1
STIHL
Tirol endeavours to provide MY iMOW® within the limits of what is reasonable. However,
continuous availability of MY iMOW®
cannot be guaranteed. MY iMOW® and the underlying infrastructure are also
regularly technically maintained.
9.2
The
provision of MY iMOW® may be subject to restrictions, in particular in the case
of disruptions or restrictions that are not within STIHL Tirol's control. Furthermore,
restrictions may arise in particular for the following reasons:
a)
for
reasons of force majeure, as specified in clause 10,
b)
due
to technical and other disruptions or measures, such as repair, maintenance,
software updates, enhancements to the systems and MY iMOW® or implemented by upstream
and downstream service providers, required for the proper or improved provision
of MY iMOW®; or
c)
due
to lack of availability or capacity constraints for mobile, data and other
Internet connections.
9.3
You
are responsible for ensuring that the MY iMOW® used by you is connected to the
Internet and shall bear the costs for this.
10.
Force
majeure
STIHL Tirol shall not
be liable to you for any delay or failure to fulfil any performance obligation incumbent
on STIHL Tirol, if the delay or failure is due to an event beyond the control
of STIHL Tirol or you, which prevents STIHL Tirol in whole or in part from
fulfilling its obligations, including fire damage, flooding, strikes, epidemics
and pandemics, lockouts and administrative orders ("force majeure").
11.
right
of WITHDRAWAL
If you are a consumer, you are
entitled to a right of withdrawal upon registration in MY iMOW® in accordance
with the instruction provided in the Annex to these Terms of Use. A consumer is
any natural person who enters into a legal transaction for purposes which, for
the most part, cannot be attributed to his or her professional or self-employed
activity.
12.1
The
contract between you and STIHL Tirol for the use of MY iMOW® is concluded for
an indefinite period.
12.2
You
may terminate your contract for use at any time in writing without giving
reasons.
12.3
STIHL
Tirol is entitled to terminate the contract for use of MY iMOW® with a notice
period of thirty (30) days. Notice of termination will be sent in text form to
the email address provided by you.
12.4
If
there is good cause, either Party shall be entitled to terminate the contract
for use of MY iMOW® without notice. STIHL Tirol shall have good cause in
particular if you commit a serious violation of these Terms of Use and do not
remedy this violation within a reasonable period of time in spite of a warning.
A warning is not necessary if the infringement is so serious that a prior
warning is ruled out due to the very nature of the case. A violation of these
Terms of Use shall be deemed serious in particular if you:
a)
exceed
the scope of your rights of use granted under these Terms of Use;
b)
compromise
STIHL Tirol's IT security.
Section 314 BGB remains
unaffected.
12.5
Upon
termination of the contract for the use of MY iMOW®, STIHL Tirol shall be
entitled to
a)
block
your access to MY iMOW®, and
b)
deactivate
the SIM card of the iMOW robot mower registered for the use of the services.
After access is blocked, you can no longer
access the contents stored in MY iMOW®; the data protection regulations will be
observed.
13.1
STIHL
Tirol shall be liable for damages in connection with the use of MY iMOW® within
the scope of statutory provisions, irrespective of the legal grounds, only in
accordance with the following provisions:
a)
STIHL
Tirol shall be liable without limitation for damages resulting from death or
personal injury, as well as for damages caused by the wilful intent or gross
negligence of STIHL Tirol, its legal representatives and vicarious agents, as
well as for damages caused by non-compliance with a guarantee given by STIHL
Tirol or by fraudulently concealed defects.
b)
For
all other damages due to a breach of essential contractual obligations resulting
from simple negligence by STIHL Tirol, its legal representatives or vicarious
agents, the liability of STIHL Tirol shall be based on the merits of the case.
Essential contractual obligations (cardinal obligations) are those whose
fulfilment enables the proper implementation of the contract in the first place
and on whose fulfilment the contractual partner may ordinarily rely. In such
cases, STIHL Tirol shall be liable for an amount of compensation as would be
typical for foreseeable damages in such a contract. Otherwise, liability is
excluded.
c)
Liability
under the German Product Liability Act remains unaffected by the above
provisions.
d)
Claims
against STIHL Tirol for damages due to default resulting from simple negligence
are excluded; your statutory rights after the expiry of a reasonable grace period
remain unaffected.
13.2
You
are required to take appropriate measures to prevent and mitigate damage, in
particular to ensure, where technically possible, appropriate security of your
data on your devices. Liability for data corruption or data loss is limited to
the typical recovery effort that would have been required if backup copies had
been made regularly and in accordance with the level of risk, and if adequate
virus protection had been used.
14.1
The
contractual language is German.
14.2
Communication
with you will take place via the email address provided in the STIHL Account.
15.
Data
protection
In processing your
personal data, STIHL Tirol observes the applicable data protection regulations.
The STIHL Tirol MY iMOW® Privacy Policy applies, available at https://info.myimow.stihl.com/en-nz.
16.2
If
you are a business person, a legal entity governed by public law or a special
fund under public law pursuant to section 14 BGB, the exclusive place of
jurisdiction for all disputes arising out of or in connection with these Terms
of Use shall be Stuttgart, Germany. The same place of jurisdiction shall apply
if you do not have a general place of jurisdiction in the country of origin, if
you transfer your domicile or habitual place of residence from the country of
origin after the conclusion of the contract, or if your domicile or habitual
place of residence is not known at the time the action is brought.
16.3
There
are no ancillary agreements to these Terms of Use. Amendments and additions to
these Terms of Use shall be in writing unless a stricter form is required by
law. This also applies to amendments or additions to this written form clause.
16.4
Should
any provision of these Terms of Use be or become wholly or partly ineffective
or unenforceable, this shall not affect the validity of the remaining
provisions of these Terms of Use.
17.1
Under
current law, STIHL Tirol is obligated to inform consumers about the existence of
the European Online Dispute Resolution Platform, which has been set up by the
European Commission to resolve disputes.
17.2
The
European Online Dispute Resolution Platform can be found here: https://ec.europa.eu/consumers/odr/.
17.3
Contact
details of the official dispute resolution bodies can be found at the following
link: https://webgate.ec.europa.eu/odr/main/index.cfm.
17.4
In
the absence of a legal obligation to participate in dispute settlement
proceedings before a consumer dispute resolution body, STIHL Tirol is not obligated
and not willing to participate in such dispute resolution proceedings.
17.5
Furthermore,
due to statutory regulations, STIHL Tirol hereby specifies the STIHL Tirol
email address, which reads as follows: information@stihl.at
INFORMATION
ABOUT THE RIGHT TO WITHDRAW
RIGHT
TO WITHDRAW
You have the
right to withdraw from this contract within fourteen days without giving
reasons.
The
withdrawal period shall be fourteen days from the date of conclusion of the
contract.
In order to exercise your right of revocation,
you must inform us (STIHL Tirol GmbH, Hans-Peter-Stihl-Str. 5, A-6336
Langkampfen/Kufstein, Austria, Regional Court of Innsbruck, FN 46276 d, VAT ID No.
ATU32234908, email:
information@stihl.at, phone +43 5372 69720) in a clear declaration
(e.g. a letter sent by post or email) of your decision to withdraw from this
contract. You may use the attached withdrawal form template, but this is not
required.
In
order to comply with the withdrawal period, it is sufficient that you send the
notice that you are exercising your right of withdrawal before the expiry of
the withdrawal period.
CONSEQUENCES OF WITHDRAWAL
If
you withdraw from this contract, we will have to refund to you all payments we
have received from you, including delivery costs (except for additional costs
resulting from the fact that you have chosen a type of delivery other than the
cheapest standard delivery offered by us), without delay and at the latest
within fourteen days of the date on which we received the notification of your
withdrawal from this contract. We will use the same means of payment for this
repayment that you used in the original transaction, unless otherwise expressly
agreed with you; in no case will you be charged for this repayment.
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Template
for the withdrawal form
(If you wish to withdraw from the contract, please fill out this
form and send it back.)
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To STIHL Tirol GmbH, Hans-Peter-Stihl-Str. 5, A-6336
Langkampfen/Kufstein, Austria, Regional Court of Innsbruck, FN 46276 d, VAT ID
No. ATU32234908
Email: information@stihl.at , phone +43 5372
69720
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I/we (*) hereby withdraw from contract
entered into by me/us (*) for the purchase of the following goods
(*)/provision of the following service (*)
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Ordered on (*)/Received on (*)
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Name of the consumer(s)
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Address of the consumer(s)
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Signature of the consumer(s) (only for paper
communication)
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Date
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(*) Delete as appropriate.
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