SOMFY PROTECT MASTER AGREEMENT
Last updated December 31st 2016 (See previous version as of January 4th, 2015 here).
1. Introduction:
This master agreement (the “Master Agreement”) sets forth certain terms applicable to your use of the products (“Products”) and services (“Services”) provided by Somfy Protect or any of its subsidiaries, parents, and affiliates (“Somfy Protect”).
The Master Agreement is between you and Somfy Protect by Myfox S.A.S, located at Regent Part II, Bat. 1, 2460 l’Occitane, 31670 Labege, France. The Master Agreement includes and incorporates the following (each, a “Somfy Protect Agreement” or “Sub-Agreement”):
- Somfy Protect Sales Terms & Conditions Agreement, found here
- Somfy Protect Hardware, Applications, and Embedded Software End User License Agreement, found here
- Somfy Protect Services Agreement, found here
- Somfy Protect Product & Services Warranty and Safety Warnings, found here
- Somfy Protect Product Certifications, found here
- Somfy Protect Additional Terms Applicable to Specific Territories, found here
By establishing an account with Somfy Protect or purchasing or using a Somfy Protect Product or Somfy Protect Services, you agree to be bound by all terms of the Master Agreement and any Sub-Agreement that are applicable in the territory where you are located. Somfy Protect retains the right to modify and change the Master Agreement or any of the Sub-Agreements, subject to applicable law, and your continued use of the Somfy Protect Product and/or Somfy Protect Services indicates your continued acceptance of the Master Agreement and/or the applicable Sub-Agreement.
2. Dispute Resolution
a. Contact Somfy Protect
If a dispute arises between you and Somfy Protect, our goal is to address your concerns and resolve the dispute. You agree that you will notify Somfy Protect about any dispute you have with Somfy Protect regarding the Service by emailing Somfy Protect at the following address: contact@getmyfox.com.
b. Applicable Law
This Agreement and any dispute arising out of or related to it or the Service shall be governed in all respects by the laws of France, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located within Toulouse, France.
3. Assignment.
Somfy Protect may assign or delegate its obligations under the Master Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations without Somfy Protect’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.
4. Supplemental Policies
Somfy Protect may publish additional policies related to specific services such as applications for mobile devices, forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and this Master Agreement.
5. Technical and Commercial Information
The technical and commercial information concerning the Products supplied by Somfy Protect on its website and all the documents distributed by the company are non-binding and may be modified without prior notice.
6. Entire Agreement
The Somfy Protect Agreements represent the complete understanding between you and Somfy Protect relating to the subject matter described therein, and supersede any and all other prior or contemporaneous agreements or understandings, whether written or oral.
7. No Waiver
The failure of Somfy Protect to require or enforce strict performance by you of any provision of this Master Agreement or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Somfy Protect's right to assert or rely upon any such provision or right in that or any other instance. The express waiver by Somfy Protect of any provision, condition, or requirement of this Master Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly and specifically set forth in this this Master Agreement, no representations, statements, consents, waivers, or other acts or omissions by Somfy Protect shall be deemed a modification of this Master Agreement nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of Somfy Protect.
8. Notices
We may notify you via postings on the Service and via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under this Master Agreement shall be in writing and addressed to:
Somfy Protect by Myfox S.A.S
Regent Park II – Bat 1
2460 l’Occitane
31670 Labege
France
Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
9. Severability
You and Somfy Protect agree that if any portion of this Master Agreement is found to be unenforceable by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such unenforceability, and the remaining terms shall continue in full force and effect.
10. No Third Party Beneficiaries
Except as otherwise expressly provided, there shall be no third party beneficiaries to this Master Agreement.
