About these terms

Please read these Terms of Use carefully along with our Privacy Policy. These terms tell you who we are, how we will provide the Kenwood World App (the "App") to you, how we may change the App, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms of Use, please contact us to discuss.

By downloading and installing or otherwise using the App you agree to be bound by the following terms and conditions, including any updates or supplements to the App as mentioned in paragraph 5 below (collectively, the "Terms of Use"), unless such updates or supplements come with separate terms, in which case those terms will apply. We reserve the right to update these Terms of Use in accordance with paragraph 5 below.

If you do not agree with these Terms of Use or our Privacy Policy you should not use the App.

Information about us and how to contact us

We are De’Longhi Australia Pty Ltd ("De’Longhi" or "Kenwood" or "we" or "us" or "our") a company registered in Australia. Our Australian Business Number (ABN) 49 104 012 857 and our registered office is at is at Unit 3a/43 Lyn Parade, Prestons, NSW 2170 Australia.

In Australia, you can contact us by telephoning our customer service team at [1800 126 659 or by writing to us at info.au@delonghigroup.com or De’Longhi Australia, PO Box 4540, Casula Mall, NSW 2170.

If we have to contact you we will do so by writing to you at the email address provided by you during the registration process (please see paragraph 4).

When we use the words “writing” or “written” in these Terms of Use, this includes emails.

The App will be available and can be accessed in Australia and will only be supported by us in English.

Your use of the App

Provided that you comply with these Terms of Use and any other applicable laws, we grant you a non-exclusive, royalty-free and non-transferrable licence to use the App on your device. We may revoke this licence at any time.

The App allows you amongst other things to:

1. register with the App Services;
2. operate Connected Appliances, for example the kCook Multi Smart (a "Kenwood Connected Appliance");
3. follow recipes in a step-by-step manner;
4. undertake provisioning and pairing; and
5. connect to and share recipes on social media websites,together, the "Services".

You must only use the App in order to perform the Services. You must not:

1. use the App in any illegal manner, for any illegal purpose or in any manner inconsistent with these Terms of Use;
2. be below the age of 16;
3. upload content that isn't yours;
4. collect or harvest any information or data from the App or our systems or attempt to read any messages or information not meant for you;act fraudulently or maliciously (which includes not hacking into or inserting malicious code, viruses or harmful data into the App or any operating system);
5. collect or harvest any information or data from the App or our systems or attempt to read any messages or information not meant for you;
6. undertake any activity which infringes (or has the risk of infringing) our intellectual property rights or any third party’s intellectual property rights related to the App (including by attempting to build an app that is the same or similar to the App); or
7. carry out any activity which damages or may damage our reputation, or harms, threatens or harasses us or any other person or organisation.

User registration for remote operation

In order to remotely operate a Kenwood Connected Appliance and/or download recipes you must:

1. register with Kenwood using the App and create a Kenwood Connected User Profile. Kenwood will require a valid email address for this purpose. The email address and other information you provide will be stored securely on Amazon web servers in accordance with its latest published Privacy Notice privacy-policy.html. When registering with us, you are responsible that the information given for your Kenwood Connected User Profile (together with any other information which you may from time to time provide to us, whether as part of the registration process or otherwise) is complete, true, accurate and not misleading. You are also responsible for notifying us of any changes to such information in order to ensure that your Kenwood Connected User Profile is up-to-date. We will protect your account using an email address and password system. You must ensure that you have appropriate security measures in place to ensure that:
   1. any email address and password that you choose or we allocate to you is used only by you; and
   2. the security and confidentiality of your email address and password is maintained at all times and not disclosed to other individuals or third parties;
2. keep your device (iPhone, iPad, Android phone or tablet) connected to the internet, as the smart device connects to the connected appliance via the cloud, not directly;
3. provision your Kenwood Connected Appliance to your home WiFi network and ensure it is connected. "Provisioning" means the connection of the Kenwood Connected Appliance to your home WiFi network. To provision your Kenwood Connected Appliance follow the "Setup your Appliance" instructions in the downloaded App; and
4. pair your Kenwood Connected Appliance to your Kenwood Connected User Profile. "Pairing" means the linking of a Kenwood Connected User Profile with a Kenwood Connected Appliance.

Changes to the App, these Terms of Use and/or the Services

We will try to give you reasonable notice of any major changes. We may change the Services available through the App from time to time.

We may also ask you to update the App for the reasons set out above. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.

We may amend these Terms of Use from time to time. Every time you wish to use our App, please check these Terms of Use to ensure you understand the version that applies at that time. When we make changes to these Terms of Use, you will need to accept the new Terms of Use if you want to keep using the App.

Charges

We will not charge you to download, install or use the App.

You acknowledge and agree that you may be charged by your mobile phone network operator or telecommunications provider for internet access on your device and you accept responsibility for any charges levied by your mobile phone network operator or telecommunications provider relating to your use of the App on your device.

Intellectual property rights

We respect the intellectual property rights of others. The intellectual property rights in the App are owned by us or duly licensed by third parties. All such rights are reserved.The intellectual property rights in the recipes created by you are owned by you.

You must not use any part of the content on our App or any associated site for commercial purposes without obtaining a licence to do so from us or our licensors.

User generated content

Should De’Longhi decide to enhance the feature of the App to include User Generated Content then the conditions for this will appear in these Terms of Use.

Providing the App

You acknowledge and agree that the operation of the App is dependent upon the proper and effective functioning of the internet and other third party equipment and services, and that we do not guarantee and will not be liable for these in any way.

If your download of the App is delayed by an event outside our control we will not be liable for delays caused by the event.

We may need certain information from you so that you can download the App, for example, registration information. If so, this will have been stated in the description of the App on our website, the Apple App store or the Google Play Store. We will not be responsible for a delay in making the App available for download if this is caused by you not giving us the information required for use of the App.

Availability of the App

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

If you do not access or use your account within two (2) years, we will send you a warning via email that your account will be deleted within ninety 90 days unless you access it. If you do not access it all of the data stored on your account will also be deleted.

If there is a problem with the App

If you have any questions or complaints about the App, please contact us. You can contact our customer service team at info.au@delonghigroup.com or De’Longhi Australia, PO Box 4540, Casula Mall, NSW 2170.

Our responsibility for loss or damage suffered by you.
Unless these Terms of Use expressly say otherwise, the App is made available to you on an "as is" and "as available" basis, and you bear the risk of using it.We exclude to the fullest extent permissible by law all express or implied warranties, representations, conditions or terms, including, without limitation, that access to the App will be uninterrupted or error-free, that any defects with the App will be fixed and that the App or the computer server from which the App are made available, are free of viruses or other harmful components. We are not responsible for any damage to hardware, software or systems arising from your use or attempted use of the App, or any loss as a result of your use or your inability to use the App or your Kenwood Connected User Profile. This reference to "loss" means any loss, damage, cost or expense to any person or property, including loss or denial of opportunity, loss of use, loss of data and any indirect, remote, abnormal or unforeseeable loss.

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms of Use, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms of Use tor our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen. We will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the App including the right to receive the App which is of satisfactory quality and fit for any particular purpose made known to us.

We are not liable for business losses. We only supply the App for domestic and private use. If you use the App for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

How we may use your personal information

By using the App, you agree to our collection, use and disclosure of your personal information as set out in our Privacy Policy, available here:privacy-policy.html. Our Privacy Policy describes how we will use your information and will apply to any data collected by the App. We will only give your personal information to other parties where the law either requires or allows us to do so.

Apple App Store terms/Android Play Store terms

If you download the App from the App Store, your use of the App will also be subject to the [Apple Media Services Terms and Conditions] , published by Apple Inc, as amended or replaced from time to time.

If you download the App from Google Play, your use of the App will also be subject to the [Google Play Terms of Service] published by Google Inc, as amended or replaced from time to time.

The terms of usage for the relevant platforms can be found at:
https://www.apple.com/au/legal/internet-services/itunes/au/terms.html
and, https://play.google.com/intl/en_au/about/play-terms.html

Other important terms

Nobody else has any rights under these Terms of Use. This agreement is between you and us. No other person shall have any rights to enforce any of its terms. Neither party will need to get the agreement of any other person in order to end the agreement or make any changes to these Terms of Use.

No transfer of rights. You will not be entitled to assign, transfer, charge, hold on trust or deal in any other manner with any of your rights or, where appropriate, obligations under these Terms of Use.

If any part of these Terms of Use are held to be illegal, invalid or unenforceable for any reason, the rest will continue in full force. Each of the paragraphs of these Terms of Use operates separately. If any court or relevant authority decides that any of them are unlawful, or unenforceable, the unlawful or unenforceable term shall be deemed to be severed from these Terms of Use and the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing these Terms of Use, 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 breaking this agreement, 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.

Links. From time to time, the App may include links to third party websites. These links are provided for your convenience only and do not signify that we endorse such third party websites. We do not review such third party websites and you acknowledge and agree that:

1. we are not responsible for such websites, including the terms on which such websites are made available and the privacy policies of such websites, and we do not control their content or availability;
2. we make no representation, warranty or condition, either express or implied, in relation to any goods or services or information received from such websites; and
3. if you access any such websites, you do so entirely at its own risk.

Which laws apply to these Terms of Use and where you may bring legal proceedings?

The laws of New South Wales, Australia apply to these Terms of Use and you and we each submit to the non-exclusive jurisdiction of the courts of New South Wales for disputes in relation to these Terms of Us