Terms and Conditions of use

1 Application of Terms and Conditions

1.1 The Product is sold by Spa Electrics Pty Ltd ACN 677 680 072 (“Spa Electrics”, “we” or “us”). These Terms and Conditions apply to your use of our Product.

1.2 By using the Product or clicking “Accept”, you accept and agree to be legally bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you should immediately cease using the Product.

1.3 Subject to clause 1.4, we may vary or amend these Terms and Conditions at any time by uploading an amended version of these Terms and Conditions to our Website.

1.4 Any variation or amendment to these Terms and Conditions will apply only to Products sold by Spa Electrics after the date that the amended Terms and Conditions are uploaded to our Website.

2 Ownership and Use of the App

2.1 You acknowledge that:

(a) you are permitted to use the App for your own personal non-commercial use on the basis that unless otherwise stated and except to the extent owned by third parties or their licensors, the copyright and other intellectual property rights in the App and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors;

(b) your use of the App will be subject to these Terms and Conditions, you agreeing to be bound by Tuya’s Terms and Conditions, and your continued compliance with your obligations under these Terms and Conditions and Tuya’s Terms and Conditions; and

(c) any obligations or agreements you have separately with Tuya are separate and independent to these Terms and Conditions; and

(d) links and pointers to third party websites on the App (linked websites) are provided for convenience only and do not imply that we endorse the linked website. We have no control over and do not warrant the accuracy, legality or appropriateness of any linked website or any content published on that linked website.

2.2 Except as provided otherwise in these Terms and Conditions, you must not, and must not permit any third party to:

(a) rent, lease, sublicence, sell, assign, loan, or otherwise transfer the App or any part thereof;

(b) reverse engineer, decompile, or disassemble the App;

(c) remove or destroy any product identification, copyright notices, or other proprietary markings or restrictions of from the App;

(d) modify or adapt the App, merge the App into another program or create derivative works based upon the App;

(e) use the App in violation of any laws, regulation or court order, or for any unlawful or abusive purpose;

(f) use the App in any manner that could harm Spa Electrics or Tuya or its Personnel;

(g) republish, reproduce, distribute, display, post or transmit any part of the App;

(h) perform an action with the intent of introducing to the Product any viruses, worms, defects, trojan horses, malware or any items of a destructive nature or disabling the Product or other end user devices; and

(i) circumvent or attempt to tamper with the security of or disable any of the Product or other end user devices.

3 Access and Availability

3.1 To the extent permitted by law, your access to the App may be changed, suspended, terminated or varied at any time.

3.2 We do not warrant that the services available through the App will be uninterrupted or error free.

3.3 We cannot guarantee and do not represent or warrant that data, information or files available for downloading through the App will be free of infection, viruses, worms, Trojan horses or other code that contains contaminating or destructive properties. You are responsible for implementing sufficient procedures and security to satisfy your particular requirements for using the App, accuracy of data and for maintaining a means external to the App for the reconstruction of any lost data.

4 Upgrades

4.1 Spa Electrics reserves the right to modify or change the App at any time. We may, at our sole option, make upgrades to the App available, and may communicate this to you by notice on our Website or via the App. Such upgrades may be made available pursuant to these Terms and Conditions or the release of such upgrades to you may be subject to your acceptance of another agreement. We encourage you to keep visiting the Website regularly to check for any updates and upgrades and in case of mandatory updates you are advised to immediately update/upgrade your App.

5 Support Services

5.1 Except for repairs required under the ACL, Spa Electrics is not required to provide technical or other support (“Support Services”) for the App. If Spa Electrics does provide you with Support Services, these will be governed by separate terms to be agreed between you and Spa Electrics.

6 Use of the Product

6.1 The Product is compatible and intended for use only with, and to control, Spa Electrics lights referred to in the RM-WF Installation and Owner’s Manual, sold separately.

6.2 Your use of the App in connection with Spa Electrics lights requires the purchase and installation of the Hardware. You acknowledge that the App will not function to control your Spa Electrics lights unless the Hardware is added as a device in accordance with our RM-WF Installation and Owner’s Manual.

6.3 The Product and Spa Electrics lights are designed for use for aesthetic purposes only and are not designed for use for any safety related purposes. If you use the Product for these purposes, you do so at your own risk and Spa Electrics is not liable and you release Spa Electrics from any liability in connection with use of the Product by any person for these purposes.

6.4 You warrant in favour of Spa Electrics that:

(a) you will use the App in accordance with Tuya’s Terms and Conditions; and

(b) you will use the Spa Electrics lights and the Product for non-safety-related, aesthetic purposes only.

7 Your Obligations

7.1 You must comply with all applicable laws, these Terms and Conditions and the RM-WF Installation and Owner’s Manual in your use of the Product, including laws relating to privacy.

7.2 In connection with your use or access to the Product, you must not:

(a) act in an unlawful, libellous, abusive, obscene, discriminatory or unprofessional manner;

(b) infringe the intellectual property rights of us or any other person;

(d) copy, modify or create derivative works from the information or content on the Product;

(e) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Product or any related technology or software;

(f) collect, use, copy, transfer, licence, sell or re-sell access to the Product or the information or content made available on the Product;

(g) remove any copyright, trade mark or notice contained on the Product or the communications made using the Product;

(h) use software, scripts, robots, devices or any other process to access, crawl, spider the Product or the information or content on the Product;

(i) interfere with the reasonable operation of the Product; or

(j) provide or offer medical or health advice, diagnosis or treatment to any other user on the Product.

8 Risk in the Product

8.1 The risk of loss or damage to the Product passes to you on the date and at the time that the Product is delivered to or collected by you, whether delivered by Spa Electrics or a third party.

9 Return of Product

(a) Unless otherwise stated in these Terms and Conditions and subject to applicable laws including the ACL, if you purchased the Product direct from Spa Electrics, you must submit a Product Returns Request Form to request a return of the Product. Contact Spa Electrics to receive a Product Returns Request Form.

(b) If you purchased the Product from a reseller, you must direct all requests for a return of the Product to that reseller.

10 Australian Consumer Law

10.1 Our goods come with guarantees that cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods

11 Statutory limitation of liability

11.1 Except to the extent required by law, we make no express or implied warranties or guarantees, other than those detailed in the RM-WF Installation and Owner’s Manual.

11.2 Where legislation implies any condition, warranty or guarantee and that legislation prohibits us from excluding the application of, or its liability under, any such condition, warranty or guarantee, that condition, warranty or guarantee will be deemed included but our liability will (to the extent permissible under such legislation) be limited for a breach of the condition, warranty or guarantee to one or more of the following:

(a) replacement of the Product or supply of equivalent products;

(b) repair of the Product;

(d) payment of the cost of having the Product repaired.

11.3 You acknowledge that:

(a) you have not relied on any service involving skill and judgement, or on any advice, recommendation, information or assistance provided by us in relation to the Product or its use or application; and

(b) you have the sole responsibility of satisfying yourself that the Product is suitable for your use.

11.4 Nothing in these Terms and Conditions is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods which cannot be excluded, restricted or modified, including under the ACL.

12 Limitation of liability – generally

12.1 Subject to clause 12.3 of these Terms and Conditions, and to the maximum extent permitted by law (including the ACL), we, our Personnel will not be liable in any way to you or any third party for any loss or damage, however it arises (whether in contract, tort including negligence, or otherwise) or out of or in connection with:

(a) your use of the Product other than in accordance with these Terms and Conditions;

(b) your access and use of the App or your inability to access or use the App;

(c) the App’s compatibility or incompatibility (or any changes in the App’s compatibility or incompatibility) with your smart phone/device hardware and/or smart phone/device software;

(d) App and data hosting, including any issues with App and data hosting:

(i) due to restrictions which are region specific;

(ii) due to changes or restrictions resulting from geopolitical issues; or

(iii) affecting region specific App usage.

(e) any upgrade to the App.

12.2 Subject to clause 12.3 of these Terms and Conditions, and to the maximum extent permitted by law (including the ACL), our maximum total aggregate liability arising from or in connection with these Terms and Conditions, including:

(a) your operation or use or attempted operation or use of the Product;

(b) our provision of the Product;

(d) any act or omission or failure of Spa Electrics or its Personnel,

will:

(a) be reduced proportionally to the extent the Customer, the Customer's Personnel or a third party contributed to the relevant liability; and

(b) under no circumstances exceed the amount actually paid by you for the Product.

12.3 Nothing in these Terms and Conditions limits or excludes the liability of either party for death or personal injury resulting from its negligence, fraud or fraudulent misrepresentation.

13 Consequential loss

13.1 To the extent permitted by law (including the ACL), we will not be liable for proximate, incidental, indirect or consequential loss or damages or for any loss of profits incurred in connection with these Terms and Conditions however caused, and regardless of whether a party has been advised of the possibility of such loss.

14 Indemnity

14.1 You agree to indemnify, keep indemnified and hold harmless Spa Electrics against any Loss or Claims that Spa Electrics may suffer or incur arising in connection with:

(a) the wrongful, negligent or unauthorised use or misuse of the Product by you; and

(b) a breach of the Tuya Terms and Conditions by you,

except to the extent that such Loss or Claim arose or were caused directly by our own wrongful acts or omissions.

15 Intellectual Property

15.1 You acknowledge and agree that we are the owner or licensee of all the Intellectual Property Rights in the Product (“Product IP”).

15.2 We grant to you a non-exclusive, non-transferrable, royalty-free, revocable licence to use (excluding the right to sub-licence) the Product IP, solely for the purpose of using the Product.

15.3 You acknowledge that these Terms and Conditions do not confer any Intellectual Property Rights in the Product on you, other than the licence set out in clause 15.2.

15.4 You must not, without our prior written consent, copy, reproduce, reverse engineer, distribute, sell, licence, assign or publish our Product IP.

16 Waiver

16.1 No waiver by either Spa Electrics or you of any breach of these Terms and Conditions operates as a waiver of any other breach, and the doing and/or omission of any act, matter or thing whatsoever by Spa Electrics (or its employees or agents) or you (which but for this clause ought or might amount to a waiver of the Spa Electrics’ or your (as applicable) rights in respect of any such breach or default) does not operate as a waiver in any way of Spa Electrics’ or your (as applicable) rights and powers in respect of such breach or default.

17 Notices

Any notice required under these Terms and Conditions must be in writing and given by post, email or hand to Spa Electrics at the physical address as published by the website or directly via the Website or the App.

18 Governing law

18.1 The Terms and Conditions are governed by the laws in force in the state of Victoria. Spa Electrics and you irrevocably submit to the exclusive jurisdiction of the Courts of or in Victoria.

19 Whole agreement

19.1 The Terms and Conditions, our privacy policy (as referred to in clause 20), Product Returns Request Form and Tuya’s Terms and Conditions and any warranties implied by law which are not capable of being excluded or modified embody the whole agreement between the parties and all previous negotiations, representations, warranties, arrangements and statements (if any), whether expressed or implied, including any collateral agreement or warranty, regarding the subject matter or the intentions of either of the parties are merged in these Terms and Conditions and otherwise are hereby excluded and cancelled. You acknowledge that you have not been induced to enter into these Terms and Conditions by any representation, advice or information given or made by or on behalf of Spa Electrics.

20 Privacy Policy

20.1 We are bound by the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles (APPs) which set the standard for how we deal with your Personal Information.

20.2 We have developed our Privacy Policy to inform you of how we manage the Personal Information that we collect about you.

20.3 Any Personal Information provided by you or collected by us through or in connection with your use of the Product will only be used in accordance with our Privacy Policy and these Terms and Conditions. Our Privacy Policy can be accessed here: https://www.spaelectrics.com.au/privacy

21 Definitions

(a) ACL means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

(b) App means the Spa Electrics branded mobile application component, developed by Spa Electrics to interact with the Hardware and the Tuya App.

(d) Claim means a claim, demand, suit, action or proceeding of any kind or nature, whether based in contract, tort or otherwise;

(e) Hardware means any hardware that constitutes the RM-WF unit.

(f) Intellectual Property Rights means all present and future, registered or unregistered intellectual property rights including copyright, trademarks, trade names, business names, designs, patents, trade secrets, rights in confidential information and all rights conferred under statute, common law or equity in relation to the foregoing.

(g) Loss means all losses, liabilities, damages and claims (including taxes, economic loss, damage to reputation, loss of business or custom) and all related costs and expenses (including reasonable legal fees and reasonable costs of investigation, litigation, settlement, judgment, interest and penalties).

(h) Personal Information means information or an opinion about an identified individual, or an individual who is reasonably identifiable:

(i) whether the information or opinion is true or not; and

(ii) whether the information or opinion is recorded in a material form or not.

(i) Personnel means the officers, employees and agents/contractors of a party.

(j) Product means the Hardware and the App, together referred to as the ‘iRIS Wi-Fi Lighting Controller, RM-WF’.

(k) RM-WF Installation and Owner’s Manual means our RM-WF Installation and Owner’s Manual, accessible via our Website.

(l) Support Services has the meaning given in clause 5.

(m) Terms and Conditions means these Terms and Conditions of Use.

(n) Tuya means Tuya , Inc.

(o) Tuya App means the Smart Life mobile application.

(p) Tuya’s Terms and Conditions means Tuya’s terms and conditions, privacy policy and children’s privacy statement from time to time.

(q) Website means https://www.spaelectrics.com.au.

22 Contact Us

22.1 If you have any questions about these Terms and Conditions, please contact us at: info@spaelectrics.com.au

iRIS Wi-Fi Terms & Conditions