License terms
KONE hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use KONE Online for viewing and exchanging information on the maintenance related activities in relation to the Equipment for which KONE Online has been ordered. The rights granted herein are subject to your compliance with the Agreement and the Maintenance Agreement. KONE may modify KONE Online at any time.
Submissions
By submitting information or material (such as feedback, data, answers, questions, comments, suggestions, ideas, plans, orders, requests or the like) via KONE Online you agree that: (i) the information is correct in all material aspects, (ii) the material will not contain any item that is unlawful, libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, or otherwise unfit for publication, (iii) you will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material; (iv) you own the material or have the unlimited right to provide it to us, and (v) you agree not to take action against KONE in relation to material that you submit, and you agree to indemnify KONE if any party takes action against KONE in relation to the material you submit.
By using KONE Online you acknowledge and agree that KONE or its service provider(s) may in their sole discretion send you notifications of any kind relating to KONE Online and/or the Equipment.
Personal data
Personal data is collected from you when you log into and use KONE Online. The personal data is being collected by the Maintenance Customer and KONE. If you do not approve the collection and processing of your personal data, you may not use KONE Online.
The following information may be collected from you when using KONE Online: your name, your user ID, your e-mail address, other addresses, the time and date of any service request made or other information provided to the KONE Online, as well as analytics information of when and how you have used the KONE Online.
The purpose of collecting and processing the personal data is to enable the functioning of KONE Online, to analyze how KONE Online is being used, and to analyze and correct any possible defects in KONE Online. The personal data collected will not be distributed to any third party, except for sub-processors who have engaged in relevant and sufficient contractual requirements concerning personal data processing and confidentiality of personal data and may use personal data only for the above described purposes. You have a right to review the personal data collected on you and to have any incorrect data corrected. Please contact KONE should you want to do so.
Depending on the applicable local legislation, you may also be entitled to object data processing, have personal data deleted and, if you have concerns regarding KONE’s or Maintenance Customer’s compliance with applicable data protection laws, lodge a complaint with the local data protection authority.
For more information of personal data processing, you may review the Privacy Statement provided to you in KONE Online.
No warranty
While KONE takes reasonable efforts to ensure that the information presented in KONE Online is correct, any information visible through KONE Online or included in rapports produced by KONE Online are indicative only and cannot not be relied upon for any reason.
THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, KONE ONLINE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. KONE DOES NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
Limitation of liability
YOUR USE OF KONE ONLINE IS AT YOUR SOLE RISK AND YOU SHALL BE FULLY RESPONSIBLE FOR ANY UNAUTHORIZED USE OF KONE ONLINE.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, KONE SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, INCIDENTIAL, SPECIAL, OR PUNITVE DAMAGES OR LOSS OF PROFIT, LOSS OF USE, LOSS OF CONTRACTS, LOSS OF BUSINESS, LOSS OF CUSTOMERS, LOSS OF GOOD WILL, OR THE CONTRACTUAL LIABILITIES OF OTHERS RESULTING FROM THE USE, NON-FUNCTIONING OR MALFUNCTION OF KONE ONLINE, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, INJURY OR DEATH TO PERSONS, LOSS OF PROFIT, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR KONE ONLINE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT KONE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Termination
Your rights under this Agreement will automatically terminate if you fail to comply with any term of this Agreement. In case of such termination, KONE may immediately revoke your access to KONE Online without any compensation. KONE’s failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights hereunder. Should the Maintenance Agreement terminate for any reason, this Agreement will also terminate with immediate effect.
Governing law
This Agreement will be governed by English Law where the Equipment is situated in England and by Scottish Law where the Equipment is situated in Scotland. The courts of England or Scotland, as the case may be, shall also have sole jurisdiction over any disputes between the Parties relating to the Contract.