BEKO US INC.
GLOBAL PRODUCT REGISTRATION TERMS OF SERVICE
The Global Product Registration Application enables you to interact with the Beko or Blomberg-branded white good(s) or other household appliance(s) you purchased (the “Appliance(s)"). The website and functions therein you have access to by registering your Appliance(s) will be hereinafter referred to as the “Services". The Services will be provided to you by Beko US Inc. (“Beko”) and its parent company, Arçelik A.Ş. (collectively, the “Company").
By registering your Appliance and using the website, you agree that you have read, understood and accepted these Beko US Inc. Product Registration Terms of Service (the “Terms"). If at any time you do not accept these Terms, you must stop using the Services and delete your Product Register Account.
THIS AGREEMENT CONTAINS A CLASS ACTION/JURY TRIAL WAIVER PROVISION. EXCEPT WHERE PROHIBITED BY LAW, THIS PROVISION WAIVES YOUR RIGHT TO USE JURY TRIALS OR CLASS ACTIONS. BY ACCEPTING THESE TERMS, YOU EXPRESSLY AGREE TO BE BOUND BY AND ABIDE BY THIS AGREEMENT, INCLUDING THE CLASS ACTION/JURY TRIAL WAIVER PROVISION. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE, AND MUST IMMEDIATELY DISCONTINUE ANY AND ALL USE OF, THE SERVICES.
1. Use of Services
You can create an account on the Global Product Registration Application (“Product Register Account”) and use the Services only if you are at least eighteen years old, have the legal capacity required by the law for entering into a contract, and you are not a person legally barred from the Services. You may be required to give your current and correct personal information, contact details and other information as part of the registration to be able to access to specific services and/or continue the use of the Services. By creating a Product Register Account and using the Services, you warrant that you are at least eighteen years old, have the legal capacity required by the law for entering into a contract, and you are not a person legally barred from the Services.
Use of the Services requires you to enter your Appliance details and contact information. You hereby agree and undertake that all information you give by creating your Product Register Account is true and valid. Subject to Section 12.2 and 12.3, the Company will not have any liability for any loss or damage resulting from any incorrect information you give while creating your Product Register Account.
You must have both internet access to use the Global Product Registration Application and the Services. You are responsible to acquire and maintain any connection and equipment needed for the use of the Global Product Registration Application and the Services and any costs associated with such connection and equipment.
2. Amendment to the Terms
The Company may amend or modify these Terms from time to time at its discretion. The Company will inform you of any such amendment or addition to these Terms and provide you with a copy of the new version through your e-mail address you provided to the Company or by another means allowing you to be informed about any amendment to the Terms. You will be deemed to have accepted the any changes, amendments, or additions to the Terms if you continue to use the Services after notification of such changes, amendments or additions.
3. Privacy & Security
To learn how the Company collects, uses, and discloses your information, please review our Privacy Notice, available on our websites. By using the Services, you agree to the collection, use, disclosure and sharing of data as described in the Privacy Notice.
The Company is committed to securing the data you provide to it and takes reasonable organizational, technical, and administrative measures to protect your personal information. However, there is always some risk of privacy or security breaches when sending data over the Internet; as such, it is possible that information you send to the Company may be read or intercepted by others. To the fullest extent permitted by law, you agree that you will not hold the Company liable for any damages resulting from privacy or security breaches due to your use of the Services.
4. Appropriate Conduct & Content
You understand and accept that all information, data, text, music, sound, audio, photographs, graphics, video, message or other material appearing on this site (collectively, "Content") are the sole responsibility of the owner, intellectual property owner or intellectual property licensee of the Content. The Company reserves the right (but has no obligation) to pre-screen, flag, filter, refuse, modify or remove any Content that is available via the Services.
You agree that you are solely responsible for any Content that you create, transmit, upload or display while using the Services and for the consequences of your actions by doing so. You agree that you will not use the Services or create, transmit, upload or display any Content while using the Services, that may cause injury to any person or entity; is false or misleading; infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights; violates anyone’s rights to privacy or publicity; violates any law or regulation; includes content or links to content that could be considered defamatory, libelous, knowingly false, fraudulent, indecent, violent, obscene, profane, hateful, racially or religiously biased, threatening, or harassing; or is inconsistent with the safe and proper use of any Company product or service. You shall not engage in any activity that interferes with or disrupts the Services or the servers and networks which are connected to the Services.
If you provide us with any ideas, proposals, suggestions or other materials relating to the Services or any other Company products or services, the Company may use the feedback in any manner for any purpose without restriction or compensation to you.
5. Intellectual Property Rights and Other Proprietary Rights
You acknowledge and agree that the Global Product Registration Application and the Services contain proprietary and confidential information that is protected by applicable intellectual property laws, agreements and other laws. You further acknowledge and agree that the Content contained in sponsor advertisements and presented to you through the Services is protected by copyrights, brands (such as trademarks or service marks), patents or other proprietary rights and laws. Except as expressly authorized by law, the Company or other proper third-party rights holders in a separate written agreement, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Content, the Services, in whole or in part.
Subject to these Terms, the Company grants you a personal, non-transferable and non-exclusive right and license to use the Services, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services, unless such activity is expressly permitted or required by law or has been expressly authorized by the Company in writing. You agree not to use modified versions of the Services, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by the Company for accessing the Services except as specifically authorized by the Company in a separate written agreement.
Except as expressly authorized by the Company or permitted by law, you agree not to use, copy, imitate, or incorporate any brand including trademark and service mark, any trade dress, company name, or product name in a way that is likely to cause confusion among consumers. You also agree not to remove, obscure, or alter the Company's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services.
The name, company title, product name, logo, trademark and other material attributed to the Services or the Global Product Registration Application may have intellectual property rights of the contents belong to the third-party content providers/right holders. Unless specifically authorized by the company and/or third parties, any part of these cannot be copied in any way (including printing out, saving to disk, placing on another platform, downloading in any other way), partially or completely (including distribution of copies), such content may not be reproduced, distributed, published, processed, derived or destroyed. You further agree not to remove, obscure, or alter any copyright notices, trademark notices, or other proprietary notices of the Company or third parties contained in, or accessed in connection with the Services or the Global Product Registration Application.
6. Non-Commercial Use
You agree not to use, reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, a Product Register Account, any portion of the Services, use of the Services, or access to the Services except as otherwise expressly provided in these Terms or permitted by law.
7. Modifications to the Services
The Company reserves the right from time to time to modify the Services (or any part thereof) with or without notice, provided that it is reasonable to do so and will have no significant effect on the overall scope of the Services. In the event the changes have a significant effect on your use of the Services, you will be notified of such changes.
8. Withdrawal of Consent and Termination of the Use of Services
You can view the latest "Global Product Registration Terms of Service" that you have accepted on the Appliance with which you access the Services. In this case, you may not be able to use all features of the Services.
You may discontinue your use of the Services at any time. Company has the right to terminate your Product Register Account, and your access to the Services, on two (2) weeks’ prior notice. Upon termination, all rights and licenses granted under these Terms will immediately cease.
9. Third Party Services
The Company may provide, or third parties may provide, links to other websites or resources. The Company may have no control over such sites and resources and you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that, subject to Section 12, the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
10. Third Party Services and Liability of the Company
Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use or purchase a service, device, product, which are provided by a third party (collectively, “Third-Party Services”). Your use of these Third-Party Services is subject to separate terms between you and the company or person concerned. These Terms do not affect your legal relationship with these other companies or individuals, and the Company shall not have any liability or responsibility for any Third-Party Services.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. WHEN YOU ACCESS AND USE THIRD PARTY SERVICES, YOU DO SO AT YOUR OWN RISK. IN RELATION TO THIRD PARTY SERVICES, AND SUBJECT TO SECTION 12, THE COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. THE COMPANY DOES NOT WARRANT OR GUARANTEE THAT: (i) THE THIRD PARTY SERVICES, DEVICES, PRODUCTS WILL MEET YOUR REQUIREMENTS; (ii) THE THIRD PARTY SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE THIRD PARTY SERVICES, WILL BE CORRECT OR RELIABLE; (iv) YOU WILL BE SATISFIED WITH THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE THIRD PARTY SERVICES; AND (v) ANY ERRORS IN THE THIRD PARTY SERVICES SOFTWARE WILL BE CORRECTED.
C. THE COMPANY DOES NOT WARRANT OR GUARANTEE THAT THE PERSONAL INFORMATION COLLECTED BY THIRD PARTIES THROUGH YOUR USE OF ANY THIRD-PARTY SERVICES WILL BE HANDLED APPROPRIATELY. YOUR DISCLOSURE OF ANY PERSONAL INFORMATION TO ANY THIRD PARTY IS DONE AT YOUR OWN DISCRETION AND RISK.
11. Disclaimers of Warranties
SUBJECT TO SECTION 12, YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE COMPANY IS NOT PROVIDING ANY WARRANTIES RELATING TO THE SERVICES, OR THIRD-PARTY SERVICES. THE SERVICES, AND ALL INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE SERVICES ARE MADE AVAILABLE TO YOU “AS IS” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. THE COMPANY FURTHER DOES NOT WARRANT THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE AT ALL TIMES; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE AT ALL TIMES; AND (iv) ANY ERRORS WILL BE CORRECTED IMMEDIATELY.
B. THE COMPANY DOES NOT WARRANT OR GUARANTEE IN ANY MANNER TO PROVIDE THE SERVICES FOR AN UNLIMITED PERIOD OF TIME OR FOR A DEFINITE PERIOD.
C. THE COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE.
12. Limitation of Liability
12.1. SUBJECT TO SECTION 12.3 AND EXCEPT WHERE DAMAGES FALL WITHIN COMPANY’S LIABILITY UNDER SECTION 12.2, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY OF THE FOLLOWING:
A. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES OR FOR ANY DAMAGES RELATED TO LOSS OF USE OF THE SERVICES, ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES, OR YOUR DATA OR USER CONTENT, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND EVEN IF THE COMPANY IS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES;
B. ANY LOSS OR DAMAGE RESULTING FROM:
I. ANY BREACH OF THESE TERMS OR ANOTHER AGREEMENT OR CONTRACTUAL RELATIONSHIP BETWEEN YOU AND THE COMPANY DUE TO ANY REASON ATTRIBUTABLE TO YOUR NEGLIGENCE;
II. USE OF YOUR ACCOUNT INFORMATION BY ANY PERSON OTHER THAN YOU DUE TO YOUR WILLFULNESS OR NEGLIGENCE (WHETHER THIS USE HAPPENS WITH OR WITHOUT YOUR KNOWLEDGE). YOU WILL BE LIABLE TO RESPONSIBLE TO THE COMPANY, FOR ALL CONSEQUENCES AND/OR DAMAGES THAT MIGHT ARISE FROM THE USE OF YOUR ACCOUNT INFORMATION BY ANY THIRD PARTY DUE TO YOUR WILLFULNESS OR NEGLIGENCE.
12.2. TO THE FULLEST EXTENT PERMITTED BY LAW, IF THE COMPANY IS HELD LIABLE DUE TO ANY BREACH OF THESE TERMS OF SERVICE, THE LIABILITY OF THE COMPANY SHALL, SUBJECT TO SECTION 12.3, BE LIMITED TO THE DAMAGE YOU SUFFER THAT IS A FORESEEABLE RESULT OF THE COMPANY’S BREACH OF THESE TERMS OF SERVICE OR THE COMPANY’S NEGLIGENCE, BUT THE COMPANY IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT IS NOT FORESEEABLE. LOSS OR DAMAGE IS FORESEEABLE IF THEY WERE AN OBVIOUS CONSEQUENCE OF THE COMPANY’S BREACH OR IF THEY WERE CONTEMPLATED BY YOU AND THE COMPANY AT THE TIME THAT THESE TERMS OF SERVICE BECAME BINDING ON YOU AND THE COMPANY.
12.3. NOTHING IN THESE TERMS OF SERVICE EXCLUDES OR LIMITS THE LIABILITY OF THE COMPANY FOR DEATH, PERSONAL INJURY, OR PRODUCT LIABILITY, AS WELL AS WILLFUL MISCONDUCT.
13. Class Action and Jury Trial Waiver
READ THE FOLLOWING PROVISION CAREFULLY. YOU AGREE TO WAIVE YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES AS A MEMBER OF A CLASS OR THROUGH A JURY TRIAL.
As used in this ‘Class Action and Jury Trial Waiver’ provision, “You” and “Your” includes you, your heirs, survivors, representatives, subsidiaries, affiliates, agents, employees, predecessors in interests, successors and assigns.
EXCEPT WHERE PROHIBITED BY LAW, YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR THE COMPANY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION LAWSUIT. YOU AND THE COMPANY EXPRESSLY WAIVE ANY RIGHT YOU OR THE COMPANY MAY HAVE TO BRING OR PARTICIPATE IN A CLAIM AS A CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING AGAINST THE COMPANY AND/OR THE AFFILIATED ENTITIES OR YOU, RESPECTIVELY.
EXCEPT WHERE PROHIBITED BY LAW, YOU AND THE COMPANY AGREE TO WAIVE ANY RIGHT TO A TRIAL BY JURY FOR ANY CLAIM.
If this Class Action/Jury Trial Waiver provision or any portion of this Class Action/Jury Trial Waiver provision is held to be unlawful, void or for any reason unenforceable, this provision (or portion of this provision), to the extent required, will be severed from this Agreement but such severance will not affect the validity and enforceability of the remaining provisions of this Agreement.
14. Service Availability & Force Majeure
The Company tries to keep the Services up and running, but the Services may experience outages for a variety of reasons. You agree that the Company is not responsible for any damage or loss caused by failures or delays of the Services. The Company further shall not be held liable for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by events beyond its reasonable control, and includes in particular (without limitation), (a) impossibility to use public or private telecommunication networks; (b) the acts, decrees, legislation, regulations or restrictions of any government or (c) civil commotion, riot, invasion, wars (whether declared or not) or natural disasters.
15. Notice
The Company may send you notices relating to any amendment to the Terms or necessary announcements relating to the Services by means of e-mail or other means of notification.
16. Miscellaneous
The Services also may be subject to additional terms and conditions that may apply when you use or purchase certain other services of the Company, affiliate services, third-party content or third-party software.
Choice of Law and Forum. For U.S. users, these Terms are governed by and construed under the laws of the State of Illinois, without regard to its principles of conflicts of law, and regardless of your location.
Export Controls. You are responsible for complying with your country’s foreign export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent that you are not (i) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (ii) on any U.S. government lists of restricted end users.
Waiver, Severability of Terms & No Third-Party Beneficiary. The failure of the Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the other provisions of the Terms shall remain in full force and effect. You agree that, except as otherwise expressly provided in the Terms or applicable laws, there shall be no third-party beneficiaries to these Terms.
Date of Issue: 12/01/2023
