SMART TERMS OF MEMBERSHIP AND USE
1. Scope and Content
2. Technical Requirements and Availability
GROHE makes every effort to ensure that the APP and portal and the information provided by it are always available and complete. The user waives any legal claims in the event of non-availability.
GROHE shall not be liable for defects and deficiencies in the information, software or data, and specifically for the correctness, completeness and accuracy thereof, in regard to information, software and data provided free of charge.
3. Registration and Use of Services
A company SMART access registration is required to access and use the APP and the Portal. Access registration for a company may be done by any legal or adult natural person who is the owner of one or more installation companies or who is authorized by such. Other company employees (members) may also register and collect bonus points for the SMART point account of the registered company. The bonus points are the property of the registered company.
No legal right to register or use the APP and portal is implied hereby. GROHE reserves the right to refuse to register SMART access for a company or to register a member of a company that is participating in the SMART bonus points program.
Registration requires entry via the portal of all required data into the portal. This includes your first and last name, as well as information about the company where you are employed as an installer (member) or for which you wish to register SMART access as an owner. After registration, your SMART account will be linked with the account of your company. You must provide only accurate information about yourself and your company. You may not set up more than one account when using the APP. You must update your SMART account detailing which capacity you are registering as (self employed individual, employee or business). If registering as an employee of an installation company you must be registering with your employers consent and acknowledgement.
4. Bonus Points
Certain GROHE products have a ”Tracking UPI Code” at the top of the packaging. If you have bought a GROHE product as described above, you can enter this Code into the APP. Each time you enter a UPI Code, bonus points will be credited to your account. These bonus points can be exchanged for rewards on the portal.
UPI Codes may or may not be present on any GROHE product. Any code may be redeemed only once. If the code has already been redeemed, no legal right to convert it to bonus points shall exist.
Bonus points are valid for the year in which they are accrued (starting from the moment of conversion) and for one year thereafter, and expire automatically after that time.
In case of abuse of the bonus points program, in particular for redeeming a UPI Code without purchasing the product, GROHE reserves the right to delete the bonus points and to block or delete your account.
The prizes that can be redeemed with SMART bonus points are those that are specifically indicated on the portal. One SMART bonus point has a comparable value in this exchange of € 0.10. GROHE shall be under no obligation to exchange bonus points if the reward has been provided. Bonus points are deducted from your point account. GROHE assumes no warranty or liability for rewards made under the bonus points program.
SMART bonus point holdings are not redeemable for cash.
5. Prize Drawings
GROHE shall make additional prize drawings based on the redemption of certain UPI Codes. The prize drawing shall be at the sole discretion of GROHE. It shall take place at regular or irregular intervals and will not be announced in advance. GROHE shall have the right to cease the prize drawing at any time without prior notice.
Winners will be notified about prizes by e-mail and by the APP. Names of winners will not be published. GROHE shall be under no further obligation once prizes have been awarded to the winner. Prizes belong to you personally, not to your company. GROHE assumes no warranty or liability for prizes awarded in drawings.
6. Taxes, Fees, and Other Withholding
Any taxes, fees, and withholding in connection with the redemption, use, and acceptance of rewards and prizes as part of this program are the responsibility of the member.
Any tax reporting obligations and liabilities arising from membership of the SMART scheme are the responsibility of the member and their employer.
7. Termination of the SMART Program
GROHE further reserves the right to terminate the option to register product purchases via the free offer of the APP and portal at any time without prior notice. Members will be notified of such termination by e-mail or another manner, e.g., in text on the Internet portal. As of that time, members will no longer be able to register SMART points and thus no longer be able to acquire additional or new SMART points that can be redeemed. SMART points registered up to that point in time will not be affected and can continue to be redeemed for prizes. GROHE shall not be liable for any claims for damages arising from the termination of the SMART program.
8. Intellectual Property Rights
All rights (e.g., copyrights, trademarks, and other proprietary rights) relating to uploaded content, data, and any other elements shall remain under the exclusive ownership of GROHE or its licensors and are protected by copyright and trademark law. All content is intended solely for the user's personal information. Any other use, in particular reproduction, distribution of images and text, or making texts and images publicly available is not permitted without the express consent of GROHE.
Information obtained by accessing the APP and portal is for personal use and informational purposes only.
Data retrieved from queries may not be used in all or in part to establish a proprietary database, for example, in any media format and/or for commercial data processing or information exchange and/or any other commercial use.
Linking, integrating, or combining the APP or portal or individual elements thereof with other software or databases or meta-databases is prohibited.
9. No Warranty for Correctness and Completeness
GROHE offers no warranty concerning the correctness or completeness of the information, text, graphics, links or other content contained in the APP and portal or its suitability for specific uses.
GROHE reserves the right to change and/or update the information provided in the APP and portal and the rewards offered at any time without prior notice. Furthermore, specifications or general descriptions of technical capabilities may be included which may not be available in some cases.
(1) In the event of injury to life, body or health, caused by a negligent breach of obligation by GROHE or by an intentional or negligent breach of obligation by a legal representative or an agent of contract, GROHE shall be liable without limitation.
(2) In all other cases, GROHE’s liability shall be limited to incidents of malicious intent and gross negligence. The same shall apply for its representatives and agents of contract.
In the event of slight negligence, GROHE’s liability shall be limited to breaches of any obligation of particular importance in achieving the purposes of the agreement. Any liability hereunder shall be limited to those damages which could reasonably be foreseen and which are typically to be expected under this agreement.
(3) Liability in accordance with the German Product Liability Act shall remain unaffected hereby (§ 14 ProdHG).
(4) GROHE shall not be liable for damage, e.g., loss of data, incurred while using this application.
11. Privacy Protection
Your personal data (first name, last name, e-mail address) will be used by GROHE only in compliance with the applicable data protection laws.
Personal user data is stored by GROHE only insofar as necessary to meet the purpose stipulated in this agreement. Collected data will be not be sold or disclosed or transmitted to third parties.
By agreeing to these terms, you are allowing your use of the APP and portal to be stored in a user profile and analyzed.
By agreeing to these terms, you are allowing your personal information to be used by GROHE to send newsletters and customized advertising to you or your company. By registering, you confirm that you are empowered to accept advertising on behalf of your company. The declaration of consent to receive a newsletter can be rescinded at any time, effective from that time forward. A special link is provided in every newsletter enabling you to revoke your consent at any time.
The user is entitled to receive free information about personal information stored at GROHE and retains the right to correct, block or delete this data.
In cases where you have given consent to store or process your data, you have the right to withdraw this consent at any time, effective from that point in time forward.
You may request deletion of the registration at any time. In such case, GROHE shall delete all user data and any other stored personal data as soon as they are no longer required.
12. Applicable Law
These conditions shall be governed by and interpreted in accordance with the Laws of Germany. Application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded