Mira Showers App - Terms and Conditions

1. Introduction

This application (“app”) is published by or on behalf of Kohler Mira Limited. By downloading or otherwise accessing the app you agree to be bound by the following terms and conditions (“Terms”) and our privacy statement [and our cookies policy]. If you do not agree with these Terms, you should stop using the app immediately.

2. Rules of Use

General Rules

This app is made available for your own, personal use. The app must not be used for any illegal or unauthorised purpose whatsoever or for any unauthorised purpose.

The Mira Platinum, Mode and Activate products are not suitable for Healthcare use.

You agree that when using the app, you will comply with these Terms and all applicable laws. In particular, you confirm and agree that:

1. You are at least 18 years of age; and

2. You are authorised to use this app in connection with the product;

3. You have the permission of the householder to use this app; and

4. You will not use the app in any unlawful manner or in a manner which promotes or encourages illegal activity, including (without limitation) copyright infringement;

5. You will not use the app or permit the app to be used by third parties in such a way to cause a nuisance to or impact on the comfort and safety of others; and

6. You will not modify, adapt, translate, or reverse engineer any part of the app or re-format or frame any portion of the pages comprising the app; save to the extent expressly permitted by these Terms or by applicable laws.

Rules relating to use of the app with the product

You confirm and agree that:

1. The product has been installed in accordance with the production installation guide and you have read and understood the product user guide; and

2. The effective range of Bluetooth® and Wi-Fi depends on the installation parameters and corresponding phone device as detailed in the instruction manual; and

3. This app will only work with specific mobile devices and may require certain operating system software updates – see User Guide for details; and

4. The bath-fill function and shower switch-on functions should not be operated without first checking that the tray, bath and waste is clear from obstructions, any shower enclosure opening is in the closed position, the shower head(s) are pointing towards the waste water outlet or a safe direction to avoid any property damage outside of the shower, including flooding, and any other water containing system is in its active position and effective. Children should not use the product(s) or any functions associated with the product(s) without adult supervision. It is the responsibility of the mobile device owner to ensure that suitable locking mechanisms on the mobile device (e.g. a passcode, fingerprint ID, FaceID etc.) are in place to prevent any accidental operation of the product either by themselves, by a child or by another party. Children should not be left unattended when using the product(s) or any functions associated with the product(s). Kohler Mira Ltd will not be held liable for any loss or damage suffered as a result of the product and/or any functions of the product(s) being operated by an unsupervised child; and

5. Adjusting the maximum temperature setting too high using the app could result in very hot water being discharged from the product. Special attention needs to be given to the elderly, disabled or children; and

6. Mobile devices are not generally waterproof and should not be used in the shower or whilst bathing; and

7. You will check with other users before deleting other connected devices; and

8. You will ensure that the remote on/off, pre-set controls and voice commands are only operated whilst you are within the same physical location as the product to avoid accidental operation/flooding/harm. It is the homeowner and mobile device owner’s responsibility to ensure that they take all precautions necessary to protect users of the product and their home. Kohler Mira Ltd. strongly recommend configuration of a geo-fence or similar mechanism to avoid remote operation of the product when away from the home; and

9. The factory reset will reset all the user settings to the default as referenced in the User Guide.

10. Kohler Mira will not be liable for any personal injury and/or property damage suffered as a result of accidental operation of the product and/or any of its functions.

You agree to indemnify Kohler Mira Limited and any of its group of companies in full and on demand from and against any loss, damages, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the app otherwise than in accordance with these Terms.

3. Content

The copyright in all materials contained on, or in, or available through the app including all information, data, sound, photographs, videos, graphics, the selection and arrangement thereof, and all source code, software compilations and other material (“Material”) is owned by or licensed to Kohler Mira Limited or its group of companies. All rights are reserved. You can view, print or download extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate in any form whatsoever or use the Material without Kohler Mira Limited’s prior written consent.

The trademarks, service marks and logos (“Trade Marks”) contained on or in the app are owned by Kohler Mira Limited or its group of companies. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of Kohler Mira Limited or the relevant group company.

The Bluetooth® word, mark and logos are registered trademarks owned by Bluetooth SIG, Inc. and any use of such marks by you is under license. Other trademarks and trade names are those of their respective owners.

4. Link to Third Parties

The app may contain links to websites operated by third parties (“Third Party Websites”). Kohler Mira Limited does not have any influence or control over any such Third-Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third-Party websites or their availability or contents.

5. Disclaimer/Liability

Use of the app is at your own risk. The app is provided on an “as is” basis. To the maximum extent permitted by law, Kohler Mira Limited disclaims all liability whatsoever, whether arising from contract, tort (including negligence) third party sabotage, third party operation or otherwise in relation to the app; and all implied warranties, terms and conditions relating to the app (whether implied by statute, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose or any special purpose, availability, non-infringement, information accuracy, quiet enjoyment and title are, as between you and Kohler Mira Limited, hereby excluded. In particular, without prejudice to the foregoing, we accept no responsibility for any technical failure of the internet and/or the app; or any damage or injury to users or their equipment, homes, property or products as a result of or relating to their use of the app. Your statutory rights are not affected.

Connecting your Platinum digital shower to the Mira Showers app enables household users to conveniently operate their product remotely over the Internet using either the Mira Showers app or by voice commands using connected smart speakers. By continuing, you acknowledge that household users will only operate their Platinum digital shower when physically within the installation household. Kohler Mira Ltd. will not accept responsibility for property damage or personal injury that results from remote operation (deliberate or accidental) of the product outside the home.

We strongly recommend voice command users set-up geofencing functionality within their smart speaker app to avoid accidental operation of their product when outside the home. Read set-up details: LINK. By continuing, you acknowledge that household users will only operate their Platinum digital shower when physically within the installation household. Kohler Mira LTD. will not accept responsibility for property damage or personal injury that results from the remote operation (deliberate or accidental) of the product outside of the home.

Remember: Only operate your Mira Shower when in the installed household to avoid accidental usage.

For the avoidance of any doubt, Kohler Mira Limited will not be liable in contract, tort (including, without, negligence) under statute or otherwise as a result of or in connection with the app, for any:

1. Economic loss (including without limitation), loss of revenues, profits, contracts, business or anticipated savings); or

2. Property damage; or

3. Personal injury; or

4. Loss of goodwill or reputation; or

5. Special or indirect or consequential loss.

If Kohler Mira Limited is liable to you directly or indirectly in relation to the app, that liability (howsoever arising) shall be limited to five hundred pounds sterling (£500.00).

Nothing in these Terms shall be construed as excluding or limiting liability of Kohler Mira Limited or its group of companies for death or personal injury caused by negligence or for any other liability which cannot be excluded by English law.

6. Service Suspension

Kohler Mira Limited reserves the right to suspend or cease providing any services relating to the apps published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so. You understand that as part of standard servicing it may be necessary for a Service Engineer to alter or clear user defaults and connected devices.

7. General

The Terms (as amended from time to time) constitute the entire agreement between you and Kohler Mira Limited concerning your use of the app. Kohler Mira Limited reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new Terms upon your continued use of the app.

The Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.

If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.

Kohler Mira Limited’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Kohler Mira Limited in writing.

Unless otherwise expressly stated, nothing in the Terms shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you, Kohler Mira Limited and its group of companies.

View Mira’s General Terms & Conditions

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