See My Ecodan Terms of Use

1.1 - About these Terms. These Terms cover your use of the App. You should read them carefully. You may wish to save a copy for your records. Capitalised terms are defined in Section ‎4.

1.2 - About us. In these Terms, when we refer to “we”, “our” or “us” we mean Mitsubishi Electric Europe B.V., a Netherlands limited liability company having a registered address of Capronilaan 46 1119NS Schiphol-Rijk, The Netherlands and operating through its branch in [England (registered number FC019156, BR003391) with a registered address at Travellers Lane, Hatfield, Herts, AL10 8XB United Kingdom]. 

2.1 - App is indicative. The App enables visualisation of the Products using augmented reality technology. This is only intended to give an indicative impression of how the Product will look in the chosen location. 

2.2 - Product specifications. While we have used reasonable efforts to ensure that the Product as it appears ‘in the App’ resembles the Product as it appears ‘in real life’, there may be differences. 

2.3 - Installation accessories. When your Product is installed, your Installer may determine that [mounting brackets, cabling, piping and other accessories] may be required to install the Product correctly. You should bear in mind that these accessories are not shown in the visual representation of the Product ‘in the App’. The requirements may vary, depending on your chosen location. 

3.1 - Our Privacy Policy. You can find the Privacy Policy for the App at https://les.mitsubishielectric.co.uk/see-my-ecodan-privacy-policy .This explains what personal data we collect, why we collect it and what we do with it. You should read it carefully. 

4.1When the following words with capital letters are used in these Terms they will have the following meaning: 

• (a) App: means the [AR App]See My Ecodan App developed by us. We make the App available for download from certain mobile app stores. 
• (b) App Store Provider: means a third-party platform such as the Apple App Store and Google Play Store through which you downloaded the App. 

• (c) Consumer: means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession. 

• (d) Device: the device on which you download, install and/or use the App, for example smart phones and tablets, and which meets the minimum requirements as provided by us. 

• (e) Event Outside our Control: is defined in Section ‎12. 

• (f) Product: [our “Ecodan” range of air source heat pumps and any other products we allow to be demonstrated using the App from time to time.] 

• (g) Terms: the terms and conditions set out in this document. 

• (h) Updates: has the meaning given in Section ‎8.2. 

• (i) Website: means the URL https://les.mitsubishielectric.co.uk/ecodan-ar. 

• (j) you/your: you, i.e. the person who downloads the App on their Device and accepts these Terms. 

5.1 - By clicking ‘I agree’ on the App start-up page or by using the App you accept these Terms and agree to comply with them. 

5.2 - We may update these Terms from time to time, for example if we update the functions of the App. We will notify you by [publishing the revised Terms on the Website] and by communicating the revised Terms to you via the App. Where an Update is made, you may end your use of the App in accordance with Section ‎13 if you do not accept the revised Terms. [You will not be permitted to continue to use the App, unless you accept the revised Terms]. 

6.1 - Provided you comply with these Terms, we grant you a non-exclusive, non-transferable licence to download and use the App on your Device solely for the purpose of visualising a Product at your location of choice. These permissions end when you delete the App from your Device. We may also terminate these permissions in some circumstances. See Section ‎13 for more details. 

6.2 - We provide the App on an “as is” basis. It may not suit your particular needs. If you are a Consumer, you have certain rights that can’t be limited by a contract like these Terms. These Terms are in no way intended to restrict those rights. 

6.3 - You must comply with any applicable third-party terms when using the App. 

7.1 - This section contains important restrictions on your use of the App. You will: 

• (a) not re-sell or make the App available to anyone else; 

• (b) use the App in accordance with all applicable laws; 

• (c) not copy, adapt, modify, disassemble, de-compile, reverse engineer or create derivative works from or based on the App; 

• (d) install Updates to the App when prompted to do so (failure to do so may result in the App not functioning correctly); 

• (e) comply with the applicable terms of any App Store Provider when using the services of such App Store Provider to download the App. We are not responsible for the availability or any services offered by the App Store Provider; and 

• (f) be responsible for the payment of all charges to your internet service provider or mobile device carrier incurred as a result of using the App and acknowledge that we have no responsibility for such charges. 

7.2 - You may not download or use the App if you are under eighteen years of age. 

7.3 - You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” region; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. 

8.1 - You can contact us for support and assistance by telephone on 0161 866 6064. The number will operate during business hours.

8.2 - We may develop patches, bug fixes, upgrades and other modifications to the App (“Updates”). You agree that we may Update the App without requiring any additional consent or action from you. If you do not want such Updates, your sole remedy is to terminate this Agreement and cease using the App altogether. Such Updates shall not materially adversely affect the App. 

We may contact you via: 

9.1 - messages we post on the Website from time to time, (you should regularly check the Website for relevant communications

9.2- You may contact us:

• (a) via our email address: ecodan.service@meuk.mee.com; and/or 
• (b) by post, addressed to Mitsubishi Electric Europe B.V., Travellers Lane, Hatfield, Herts, AL10 8XB, United Kingdom,

and your question or request will be directed to the most appropriate person. 

9.3 - Any Website posting and any notices relating to the suspension and termination of the App) will be deemed to have been effective at the time it was posted if the relevant party can demonstrate that it successfully posted the communication

9.4 - Any postal communication will be deemed effective two working days after the relevant party can demonstrate it was posted. 

10.1 - Certain third-party software components in the App are licensed on open-source terms. You can find details of some of these licences in our open-source notice page at https://les.mitsubishielectric.co.uk/ecodan-ar or in the App. 

10.2 - All intellectual property rights in and in relation to the App and other materials we make available in connection with the App belong to us or our licensors. Except to the extent expressly granted to you in Section ‎6.1, we reserve all our intellectual property rights in or in relation to the App and the other materials we make available in connection with the App. 

10.3 - If any person claims that the App infringes their intellectual property rights or we otherwise determine that the App may infringe the intellectual property rights of any person, then we may (at our discretion): 

• (a) modify the App to avoid such infringement; 

• (b) immediately suspend the App; and/or 

• (c) terminate these Terms forthwith on written notice to you by publishing a notice on the Website.

10.4 - We only make the App available in certain countries. You will not directly or indirectly export or re-export the App to any country in breach of applicable export controls. 

11.1 - Please note that these Terms do not cover the sale, installation or use of Products. We do not accept any liability for: (i) the acts or omissions of the person or entity that sold you and/or installed the Product; and (ii) your use of, or defects in, Products, under these Terms. 

11.2 - These Terms do not exclude or limit our liability to you: 

• (a) for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; 

• (b) for fraud or fraudulent misrepresentation; or 

• (c)to the extent we may not otherwise exclude or limit our liability by law. If you are a Consumer, the limit on our liability in Section ‎11.7 does not apply to our breach of implied rights under the UK Consumer Rights Act 2015. 

11.3 - Subject to Section ‎11.2, you must make any claim against us promptly after you become aware that we may have breached these Terms. 

11.4 - Subject to Section ‎11.2, we are not responsible for: 

• (a) loss or damage that is not caused by our breach of these Terms; or 

• (b)any loss or damage that was not, at the time these Terms came into effect between you and us, a reasonably foreseeable consequence of us breaching these Terms. 

11.5 - For the purposes of this Section ‎11.5, “Business User” means a user of the App who is not a Consumer. Subject to Section ‎11.2, if you are a Business User, we expressly exclude our liability for: (i) loss of profit; (ii) loss of revenue; (iii) loss of opportunity; (iv) loss of contract; (v) loss of anticipated savings; (vi) loss of goodwill or reputation; (vii) business interruption; (viii) wasted expenditure; (ix) damage to Devices; (x) loss or corruption of data (whether such data is stored in your Device, or in other equipment or repositories) (in the case of (i) to (x) whether such losses are direct, indirect or consequential); and (xi) all other indirect and consequential loss. 

11.6 - If you are a Consumer and the App causes damage to your Device or other digital content on your Device and such damage is caused by our failure to use reasonable skill and care, we will either repair the damage or pay you appropriate compensation (which shall be limited to the cap set out in Section ‎11.7). However, we will not be liable for damage that you could have avoided by following our advice to apply an Update offered to you free of charge or for damage that was caused by you failing to correctly follow our instructions, including having in place the minimum system requirements advised by us. 

11.7 - Subject to Sections ‎11.2 to ‎11.6, our total, aggregate liability to you for losses arising out of or in connection with these Terms, whether in contract, tort (including negligence), for breach of statutory duty or otherwise shall not exceed £100

13.1 - These Terms come into effect in the manner set out in Section ‎5.1 and continue until terminated by either you or us in accordance with this Section ‎13. 

13.2 - You may terminate these Terms at any time by deleting the App from your Device. 

13.3 - We may terminate these Terms: 

• (a) at any time by providing thirty (30) days written notice [on the Website] or by other appropriate means; 

• (b) with immediate effect if you breach these Terms; and/or 

• (c) in accordance with Sections ‎10.3(c) or ‎12.3. 

13.4 - The termination of these Terms will not affect any accrued claims, rights or liability of you or us prior to the effective date of termination. 

14.1 - We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms. You may not transfer your rights or obligations under these Terms to someone else unless we agree in writing. 

14.2 - Except for Section ‎15.6, which sets out an exception in the case of the App Store Providers, these Terms are between you and us. Otherwise, these Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999. Your and our rights to rescind or vary these Terms are not subject to the consent of any other person. 

14.3 - Even if we delay in enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breach of these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. 

14.4 - Each Section of these Terms (and each part of a Section, to the extent such part is divisible) operates separately. If any court or relevant authority decides that any of them is or are unenforceable, the remaining Sections (or parts of a Section) will remain in full force and effect. 

14.5 - These Terms may only be modified by an agreement in writing between both you and us or by us in accordance with Section ‎5.2. 

14.6 - These Terms contain the whole agreement between us relating to the App and supersede all prior agreements, arrangements and understandings between us relating to that subject matter. This does not apply to you if you are a Consumer. 

14.7 - We both acknowledge that, in entering into these Terms, we do not rely on any statement, representation, assurance or warranty (whether it was made negligently or innocently) of any person (whether a party to these Terms or not) other than as expressly set out in these Terms. This does not apply to you if you are a Consumer. 

14.8 - These Terms will be governed by and construed in accordance with English law. We both agree to the exclusive jurisdiction of the English Courts, provided that: 

• (a) we may bring infringement proceedings in any jurisdiction where such cause of action arises; 

• (b) where you are a Consumer in Scotland, you can bring legal proceedings in respect of the App either in the Scottish or the English courts; 

• (c) and where you are a Consumer in Northern Ireland you can bring legal proceedings in respect of the App in either the Northern Irish or the English courts. 

15.1 - You acknowledge that these Terms are concluded solely between you and us and not with the App Store Provider and that we, and not the App Store Provider, are solely responsible for the App. 

15.2 - You acknowledge that the App Store Provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. We are solely responsible for providing maintenance and support services for the App. 

15.3 - We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The App Store Provider will have no warranty obligation whatsoever with respect to the App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of us. 

15.4 - We, not the App Store Provider, are responsible for any third-party claims in relation to the App, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, or similar legislation. The App Store Provider has no responsibility for such claims. 

15.5 - In the event of a third-party claim that the App or your possession and use of the App infringes that party’s intellectual property rights, we, and not the App Store Provider, are responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim. 

15.6 - You acknowledge that Apple Inc. (“Apple”) and its subsidiaries are third-party beneficiaries of these Terms and that, when you accept these Terms (see Section ‎5.1), Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. 

See My Ecodan Terms of Use. V1.0.12