Diamond PD
Power Drive
: Instruction Manual
Dominator EasyRoller Instruction Manual
29
© Copyright 2018
eventualities arising from any failure to comply with the requirements in
paragraph (a) above.
(c) You are solely responsible for any data or network charges incurred
using the Control Kit Bundle.
(d) You must comply with any applicable third party terms of agreement
which are displayed to you, or otherwise brought to your attention, in
the course of downloading or registering to use any part of the Control
Kit Bundle.
3. Security of the Control Kit
(a) You are responsible for maintaining the security of your login password,
and must not disclose your password to any other person, or otherwise
allow any other person to access your Account.
(b) You must protect the Control Kit Bundle and any personal information
stored on the Control Kit Bundle from misuse, interference and loss as
well as unauthorized access, modification or disclosure.
(C) WHILE AUTOMATIC TECHNOLOGY HAS USED REASONABLE
EFFORTS TO ENSURE THE CONTROL KIT BUNDLE IS SECURE,
AUTOMATIC TECHNOLOGY AND ITS RELATED CORPORATE
ENTITIES MAKE NO REPRESENTATIONS AND, TO THE MAXIMUM
EXTENT PERMITTED BY LAW, EXCLUDE ALL WARRANTIES AS TO
THE SECURITY OF THE CONTROL KIT BUNDLE FROM ANY THIRD
PARTY INTERFERENCE AND TAKE NO RESPONSIBILITY FOR ANY
ERROR, OMISSION OR DEFECT IN SUCH SECURITY.
(d) In the event you become aware of or suspect any breach of security,
including without limitation any loss, theft or unauthorized disclosure of
your password, you must immediately notify Automatic Technology and
modify your password.
4. License to use the Smart Hub
Automatic Technology grants to you a revocable, non-exclusive, non-
transferable license to use the Control Kit Bundle provided that you agree
to comply with the following license conditions:
(a) you will only use the Control Kit Bundle in a manner which is permitted
by:
(i) the Terms;
(ii) in the case of a Compatible App downloaded and used on an
iPhone, iPad or similar such Apple device, the Apple iTunes Store
Terms and Conditions provided at http://www.apple.com/legal/
internet-services/itunes/au/terms.html; and
(iii) in the case of a Compatible App downloaded and used on an
Android phone, the Google Play Store Terms of Service provided
at https://play.google.com/intl/en_au/about/play-terms.html;
(b) you will not:
(i) use exploits, automation software, hacks or any software designed
to modify, disrupt, overburden or interfere with use and enjoyment
of the Control Kit Bundle;
(ii) institute, assist or become involved in any type of attack, including
without limitation distribution of a virus or denial of service attacks
using the Control Kit Bundle;
(iii) attempt to gain unauthorised access to Control Kit Bundles
registered to others or to servers or networks connected to the
Control Kit Bundles by any means other than the user interface
provided by Automatic Technology;
(iv) use any unauthorised third party software that accesses, intercepts
or otherwise collects information from or through the Control
Kit Bundle or that is in transit from or to the components of the
Control Kit Bundles, including any software that reads areas of
random access memory (RAM) or streams of network traffic used
by the Control Kit Bundle;
(v) use, facilitate, create, or maintain any unauthorised connection
to the Control Kit Bundle, including any connection to any
unauthorised server that emulates the Control Kit Bundle, or any
connection which uses programs, tools, or software not expressly
approved by Automatic Technology;
(vi) reverse engineer, decompile, disassemble, decipher or otherwise
attempt to derive the source code for any software or other
intellectual property used to provide the Control Kit Bundle;
(vii) copy, modify or distribute rights or content from the Control Kit
Bundle; or
(viii) otherwise use the Control Kit Bundle for a purpose other than the
Authorized Purpose.
5. Suspension and Termination of Account and Smart Hub Services
(a) Automatic Technology may limit, suspend, terminate, modify or delete
an Account or prohibit access to Automatic Technology services
(including the Control Kit Bundle) if you are, or Automatic Technology
suspects that you are, failing to comply with the Terms.
(b) Automatic Technology provides you with support for the Control Kit
Bundle in its sole discretion. Automatic Technology reserves the right
to stop supporting the Control Kit Bundle at any time. You will be given
at least one month prior notice of when Automatic Technology will
cease supporting the Control Kit Bundle. At the end of that notice
period your license to use the Control Kit Bundle will be automatically
terminated.
(c) You may discontinue your use of the Control Kit Bundle for any reason
at any time.
6. Intellectual Property and Ownership
The Control Kit Bundle is protected by intellectual property rights.
Unless indicated to the contrary, all right, title and interest in and to the
intellectual property in relation to the Control Kit Bundle is and will remain
the exclusive property of Automatic Technology and/or its related bodies
corporate, including without limitation:
(a) all copyright subsisting in the information, text, materials, graphics,
software, names, logos and trade marks contained on the Control Kit
Bundle; and
(b) the trade marks contained on the Control Kit Bundle. Where a mark
is indicated as a registered mark it is registered in Australia, the
United States and/ or Canada and may also be registered in other
jurisdictions.
Nothing contained in the Control Kit Bundle is to be construed as a licence
or any right to use any intellectual property in relation to the Control Kit
Bundle, other than as expressly set out in these terms and conditions,
without the express written permission of Automatic Technology.
7. Privacy and Personal Information
(a) When using the Control Kit Bundle, you are solely responsible for
compliance with any legislation applicable to personal information,
including legislation concerning the collection, use, disclosure, quality,
security, retention, access, identification and transfer of such personal
information. B & D does not collect or store personal information
relating to your use of the Control Kit Bundle (unless you are provided
with express notice from B & D informing you of collection and
handling of personal information).
(b) You must not use any information which would identify you or your
address when registering a username, Smart Hub name, Compatible
Product name, password, email or security question or answer to create
and/or use an Account. Using identifying information compromises
your security. To the extent that your email address contains personal
information, such as your name and where you work, this information
may be accessible to our third party cloud service providers.
(c) B & D expressly excludes any liability for losses which arise as a result
of your use of identifying information to create and/or use an Account.
(d) The encryption applied to the Control Kit Bundle means that B & D
does not have any access to the registration data transmitted through
this system. B & D does, however collect and provide to its data
analytics service providers de-identified and aggregate information
relating to use of the Compatible Apps for research and reporting
purposes.
(e) Our Privacy Policy describes how we collect and use your personal
information and how you can access, seek correction of, or complain
about our handling of personal information. B & D is a member of the
DuluxGroup and is covered by the DuluxGroup privacy policy. You
can access this privacy policy here: http://www.duluxgroup.com.au/
Privacy-Policy/Privacy-Policy/default.aspx
8. Terms and Conditions of Google and/or Apple
(a) These Terms are concluded between you and Automatic Technology
only. Neither Apple or Google have any obligation to provide any
maintenance or support services with respect to the Compatible Apps.
(b) By using the Compatible Apps, you agree that Apple, Google and
their respective subsidiaries will have the right (and will be deemed to
have accepted the right) to enforce these Terms against you as a third
party beneficiary to these Terms.
(c) B & D, and neither Apple or Google, will be responsible, subject to
the Terms, for addressing any claims instigated by you relating to the
Compatible Apps, including, but not limited to:
(i) product liability claims;
(ii) any claim that a Compatible App fails to conform to any
applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection or similar legislation.
(d) In the event of any third party claim that a Compatible App or your
possession and use of a Compatible App infringes that third party’s
intellectual property rights:
(i) Automatic Technology will be solely responsible for the
investigation, defence, settlement and discharge of any such
intellectual property infringement claim; and
(ii) neither Apple or Google will have responsibility for such
investigation, defence, settlement and discharge of any such
intellectual property infringement claim.
