Terms of Use for the MyLiebherr Account and the Liebherr SmartDevice app
The “MyLiebherr Account" is the User's central account with Liebherr-Hausgeräte GmbH and enables the use of Liebherr-Hausgeräte GmbH’s Single-sign-on service (hereinafter referred to as "SSO"). SSO is the central instance through which the User gains access to the "Device Registration”, “Marketplace" and "Liebherr SmartDevice App" modules described in greater detail below ("SSO", "Device Registration", “Marketplace" and "Liebherr SmartDevice App" are hereinafter collectively referred to as the "Offer").
I. Scope
The following Terms of Use apply between you as the User and the Provider of the Offer, for the use of the Offer.
The Provider of the Offer is
Liebherr-Hausgeräte GmbH
Memminger Straße 77-79
88416 Ochsenhausen, Germany (hereinafter referred to as "HAU").
For contractual relationships of the User with third parties, in particular with such third parties who sell their products to users via the “Marketplace" module, the separate terms of business or use of the respective third party may apply. HAU is under no circumstances responsible for contracts concluded between users and third parties via the “Marketplace" module.
II. Offer
1. SSO
SSO enables the User to use the Offer and other access-restricted modules connected to the SSO (hereinafter referred to as "Other Modules") with identical access data, without requiring a separate registration process for the Offer and Other Modules.
SSO gives the User a cross-module "identity" that is recognised and verified by the restricted access modules and Other Modules. SSO makes it possible for the User's personal data that are stored in the SSO (such as name and address, as well as devices registered by the same) to be automatically transmitted to the operator modules and Other Modules without requiring that the data be manually entered or verified once again in a module or Other Module.
SSO enables the User to easily and centrally manage their stored data. Thus, the User can, for example, manage and correct their master data (e.g. their address). This facilitates the use of Offers and Other Modules by the User.
2. Modules
2.1 Device registration
The device registration module allows the User to register their Liebherr refrigerators and/or freezers (hereinafter referred to as "Devices"). After registration, the User gets an overview of their registered devices. In addition to various functions for the management of the devices, the User is provided by a simple access point to the additional modules that may be available for the respective devices.
2.2 Marketplace
In the Marketplace module, the User has the option of purchasing products from third parties who use the Marketplace module as a sales platform. The products offered through the Marketplace module are exclusively Liebherr original products. Additional costs, such as shipping and customs costs, are indicated by the respective product sellers. Please note that the HAU exclusively offers the possibility for third parties to sell products. HAU assumes no liability for the displayed prices, availabilities and other conditions of third parties.
2.3 Liebherr SmartDevice App
The Liebherr SmartDevice app allows users to view and configure their device data. To use the Liebherr SmartDevice app, you need a WLAN-enabled module (hereinafter referred to as "SmartDeviceBox”). The SmartDeviceBox connects your device to the Internet via a WLAN-enabled router. The SmartDeviceBox can be retrofitted to SmartDevice-enabled devices. Some devices already have the SmartDeviceBox integrated.
In combination with the SmartDeviceBox, the Liebherr SmartDevice app allows users to control various device functions (e.g. temperature) while on the move. With the Liebherr SmartDevice app, users immediately receive alarm messages, such as a door accidentally left open, a power failure or a critical temperature. The Liebherr SmartDevice app has a notification function that reminds users that the next air filter change is due or when the ventilation grille needs to be cleaned. In addition, the Liebherr SmartDevice app offers the possibility of contacting a Liebherr service partner.
The Liebherr SmartDevice app is available for iOS and Android operating systems.
III. Availability, Change and Costs of the Offer
1. The availability of the Offer depends on a functioning data connection between the HAU, the User or third parties who operate any Other Modules, and the good operation of all participating systems. Therefore, temporarily unavailable access to the Offer cannot be excluded. HAU reserves the right to interrupt the availability of the Offer for maintenance and improvement measures to the usual extent customary in the market. HAU will endeavour to carry out maintenance and improvement measures outside normal business hours for the HAU headquarters.
2. HAU reserves the right to change the Offer at any time and without giving reasons or to suspend it temporarily or permanently.
3. The use of the Offer is free for the User.
IV. Obligations of the User when Using the Offer
1. The User undertakes to register only their own devices and to keep their master data up to date.
2. The contents accessible through the Offer (texts, data, pictures, logos, graphics, documentation, audio, video and other image representations) are subject to copyright and other laws for the protection of intellectual property. No part of the contents may be reproduced, distributed or stored or altered in any other media (such as other websites) without express prior consent. Printing or saving individual pages or documents is only permitted for personal use.
3. The Liebherr SmartDevice app may not be used for commercial purposes and may only be used with devices installed and used within the European Union. The User must not misuse the Liebherr SmartDevice app, in particular they may not bypass any technical restrictions of the Liebherr SmartDevice app, pursue unlawful purposes or use the Liebherr SmartDevice app contrary to these Terms of Use.
4. To maintain the functional reliability and functionality of the Liebherr SmartDevice app, the User must also immediately install updates provided by HAU.
V. Identification and Registration for the Offer
1. A MyLiebherr Account is required in order to use the Offer. For this purpose the User must register on the MyLiebherr Portal (https://home.myliebherr.com).
2. The User must be at least 18 years old in order to register for the offer.
3. In addition, the User warrants that the personal information provided by them as part of their registration, in particular their first and last names, postal address, date of birth and e-mail address, are true and correct. In particular, the User may not enter data from third parties. The User must inform HAU immediately of any change to such data.
4. The submission of the completed registration form constitutes the User’s proposal to conclude the agreement on the use of the Offer (hereinafter referred to as the "User Agreement"). HAU accepts this proposal by confirming the User's registration by e-mail. This concludes the User Agreement.
5. As soon as HAU receives the registration form, the User will receive a confirmation e-mail. This e-mail contains a confirmation link. By clicking on this link, the User confirms their e-mail address. This confirmation is a prerequisite for the User to be able in future to log in via SSO, use the Offer and make use of services immediately after successful registration with Other Modules.
6. The User has no entitlement to be accepted for the Offer, modules and Other Modules.
7. HAU is entitled to refuse individual registrations without stating reasons.
VI. Use of Access Data, Access to the Offer and Other Modules
1. Access data are exclusively intended for use by the User concerned. The User may not pass on the data, in particular their password, to third parties, not even to family members or colleagues. The User must always keep the access data, in particular their password, secret and prevent the unauthorised use of the Offer by third parties.
2. If the User becomes aware of, or even suspects, misuse of the access data, they must inform HAU immediately. In the event of misuse or suspected misuse, HAU is entitled to immediately block access to the Offer. The User is liable for all consequences of the third-party use if they are responsible for the misuse of the access data. The User is responsible for the misuse in particular if they have allowed the unauthorised use of the access data even if only through negligence. The User’s liability only ends once they have informed HAU customer service by e-mail ([email protected]) of the unauthorised use and, where required, have changed their password.
3. The above applies accordingly if the User has chosen to work on a public or multi-user computer using the option "Stay logged in" and third parties thus obtain access to the Offer or Other Modules.
4. The scope of access granted by the access data depends on the terms of use of the relevant Other Module.
5. HAU emphasises that the Other Modules are each operated by the company named in the provider identification of the Other Module. Where HAU does not operate the Other Module itself, HAU is not responsible for the content and offers available in these modules.
VII. Withdrawal of Access Authorisation
HAU reserves the right to access the User's access data in case of violation of these Terms of Use, in particular due to
• the provision of false information during or after registration and/or
• the unauthorised transfer or disclosure of access data, in particular the password,
and to temporarily or permanently suspend and/or permanently revoke the User's access with immediate effect or within a period of our discretion and/or terminate the User Agreement immediately and without notice. Following such an event, the User may not re-register with HAU without our prior express consent.
VIII. Termination of the User Agreement
1. The User Agreement is concluded for an indefinite period. Both the User and HAU may terminate the User Agreement at any time without notice by ordinary termination. In addition, extraordinary termination is reserved for both parties for good cause. Termination must be made in writing, and thus requires at least one e-mail.
2. An immediate termination of the User Agreement might make it impossible for the User to log in and consequently, depending on the Offer or the Other Module, access the data provided by the User such as registered devices, and other restricted access areas of the Offer or Other Modules.
IX. Liability
Claims for damages by the User are excluded. The disclaimer also applies in favour of legal representatives and vicarious agents of the operator, if the User asserts claims against the latter.
This exclusion of liability does not apply to claims for damages due to injury to life, body, or health. Also excluded from the liability restrictions are claims for damages resulting from a grossly negligent breach of duty by the operator, a legal representative or vicarious agent.
A legally prescribed fault-free liability, in particular liability under the Product Liability Act, as well as liability for culpable injury to the life, body or health of a User remains unaffected by the aforementioned exclusion of liability.
X. Data Protection
The protection and security of our users' personal information is very important to us. Information on this topic can be found in the Privacy Policy for the Offer.
XI. Changes to the General Terms of Use and the Offer
1. HAU reserves the right to change these Terms of Use at any time and without providing reasons. After a change in the Terms of Use, the User must confirm such changes the next time they log in. Further use of the offer is not possible if the new Terms of Use have not been accepted and the User will lose access to the Offer and Other Modules and the data entered and retrievable therein.
2. If the User does not accept the changed Terms of Use, each party has the right to end the User Agreement by termination with immediate effect.
3. HAU reserves the right to change the Offer at any time and without giving reasons or to suspend it temporarily or permanently.
XII. Final Provisions
1. The contractual relationship with the User, as well as these General Terms of Use and their interpretation, are governed by the law of the Federal Republic of Germany exclusively. The application of German or European international private law and the U.N. Sales Convention (CISG) is excluded.
2. If the User is a merchant or if the User has no permanent domicile in Germany, the exclusive place of jurisdiction for disputes arising out of or in connection with this agreement shall be the registered office of HAU. Under the same conditions, the place of performance for all rights and obligations resulting from the contractual relationship with the User is also the registered office of HAU.
3. In addition, if the User is a consumer, the mandatory consumer protection provisions applicable in the country in which the User has their habitual place of residence will apply in so far as they provide the User with further protection.
4. If individual provisions of these Terms of Use are or become invalid and/or unenforceable, the validity of the remaining provisions shall remain unaffected. Invalid and/or unenforceable provisions shall be replaced by means of supplementary contractual interpretation with those valid and enforceable provisions that are most appropriate, having regard to the interests of both parties, to achieve the intended economic purpose. The same applies to closing loopholes in these Terms of Use. Sentences 2 and 3 of this Section 10.4 do not apply if the User is a consumer within the meaning of Section 13 German Civil Code (BGB).
Last updated: December 2019