Terms & Conditions

Eufy Security Terms of Service

 

Enjoy Eufy Anywhere Access and control who sees your cameras and content. Eufy is designed to provide a way for you to view the content captured with your Eufy cameras, including your videos and photos taken with your Eufy cameras. You control access to your cameras and stored content. The Eufy video monitoring systems may offer: remote viewing of your Eufy cameras’ content; automatic recording when motion is detected; motion alerts (with links to the associated videos); video clips that are sent to your iPhone, iPad, Android phone, or tablet; digital pan and zoom; video storage; and the ability to support multiple cameras. Through settings in your Eufy account you can choose to keep your cameras, photos and videos private or allow broader access to them.

 

Introduction

Welcome to Eufy. Eufy is operated by Directed Electronics Australia Pty Ltd [ within Australia and New Zealand Only]  (“we,” “our,” “us,” or “the Company”). These Terms of Service apply to your use of any of our products or services (“Eufy Services”), including:

a) the Eufy hardware products, including cameras, lights, doorbells, and base station devices (referred to herein as the “Eufy System"); and/or

b) the Eufy websites, content services, accounts, mobile apps, streaming video sites, technical support and services accessible via Eufy websites, and all other web services associated with the Eufy product (collectively referred to as the “Eufy Websites and Apps”).

((a) and (b) above being collectively referred to herein as the "Eufy Services")

1. Terms of Service

Your registration of the Eufy System through the EufySecurity App is subject to the provisions of these Terms. Eufy may at its discretion change these Terms. Any changes made to the provisions of these Terms will be updated on the Eufy website. We encourage you to periodically check the Myanker.com.au and MyEufy.com.au Websites for the current version of these Terms.

We reserve the right to amend these Terms at any time, even in existing contractual relationships. We will inform you about any changes by email at least 30 days before the changes come into effect. If you do not agree with the changes, you may terminate the contractual relationship with immediate effect. If you do not terminate the contractual relationship within 21 days from receipt of the notification, the changes become effective upon 30 days from the notification.”

If you are dissatisfied with any changes to these Terms you may cancel your use of the Eufy Services in accordance with Section 13 of these Terms.

Any software component embodied in the Eufy System is licensed to you, and not sold.

THE EUFY SYSTEM, WEBSITES AND SERVICES ARE FOR PERSONAL, NONCOMMERCIAL USE ONLY.

2. Registration Information

Registration of your Eufy System is required. To register, you must provide and maintain accurate information, which may include: (i) your name (ii) your system identification number (provided with each Eufy base station) and (iii) an e-mail address. You agree that you are 18 years old or older and agree to provide and maintain accurate and complete User Information. Eufy may terminate your account if you provide Eufy with inaccurate or incomplete information. You also certify that you are legally permitted to use and access the Eufy Services. These Terms are void where prohibited by law, and the right to access the Eufy Services is revoked in such jurisdictions.

EUFY respects the privacy of your User Information and will safeguard the User Information in accordance with the EUFY Privacy Policy located at https://www.myanker.com.au/privacy-policy/. We encourage you to review the Privacy Policy frequently. EUFY will monitor usage data, such as log entries, diagnostics, bandwidth usage, and various other analytics coming from devices tied to the user, but will not disclose your User Information to third parties for their independent marketing or promotional purposes unless you affirmatively give consent during the registration process.

By completing the registration process, you agree to the Privacy Policy and affirm that you understand and consent to EUFY’s collection, storage and use of your User Information. You have the right to update your User Information or change your consent to the collection, storage and use of your User Information at any time. Such changes can be made by logging into your Eufy account. Certain features of the Eufy Services may not be available if you restrict the collection, storage, or use of your User information.

3. Member account, password and security

You will create a password and account designation during the Eufy Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to do the following:

(a) immediately notify us of any unauthorized use of your password or account or any other breach of security and

(b) ensure that you exit from your account at the end of each session.

EUFY will not be liable for any loss or damage arising from your failure to comply with this Section 3. EUFY may refuse registration of or cancel Eufy account designation in its discretion.

4. Third-Party content

The Eufy Services give you the ability to access media content controlled by third parties ("Third-Party Content") over which we exercise no editorial or programming control. You understand the following:

(a) Third-Party Content providers may restrict or revoke access to their content at any time;

(b) To the extent possible under the governing law, we are not responsible for and have no editorial control over any Third-Party Content; and

(c) EUFY has no control over the distribution of Third-Party Content.

You agree that EUFY will have no liability to you or anyone else who uses your Eufy System with regard to any Third Party Content. You also agree and declare that any and all Third Party Content accessed or transferred using the Eufy Services is for personal, non-commercial use and that the Eufy Services will not be used to illegally copy, illegally display or otherwise make illegal use of Third Party Content. Generally, authorization from the appropriate rights holder is needed prior to displaying, using, or copying Third Party Content. Unauthorized copying or distribution of copyrighted works may constitute an infringement of the copyright holders' rights.

EUFY may terminate the accounts of users of any EUFY service or software who infringe the copyrights, trademarks, or intellectual property rights of others. In addition, steps intended to defeat or bypass security measures designed to prevent intellectual property infringement may be illegal under U.S. law or comparable foreign laws. EUFY may terminate the Eufy accounts of users who develop or use methods to defeat or bypass such security measures and may take any other necessary or appropriate action to prevent infringement of intellectual property holders' rights.

5. Changes to your Eufy Service

To the extent possible under the governing law, EUFY may, at its discretion and without notice or user permission, change, add, or remove features and functionality of the Eufy Services. If you are dissatisfied with any material changes to the Eufy Services during a subscription, you may immediately terminate your use of the Eufy Services and be entitled to a pro-rated refund of any of your paid for, but unused, subscription. EUFY is under no obligation to provide any or all features and functionality to your Eufy System and may, at its discretion, discontinue the provision of software updates to certain Eufy Systems. Because different Eufy Systems may support different features and functionality the level of service EUFY provides may not be the same for each Eufy System.

6. Service eligibility/Parental advisory

Use of the Eufy Services requires that your Eufy System has access to an always-on, broadband internet connection. To enable the Eufy Services all Eufy Systems must be registered by EUFY-approved Eufy apps, such as the official EufySecurity iOS and Android apps.

THE EUFY SERVICES ARE INTENDED FOR USERS WHO ARE AT LEAST 18 YEARS OF AGE OR OLDER. BECAUSE THE EUFY SERVICES MAY PROVIDE ACCESS TO VIDEO OR IMAGES THAT CONTAIN EXPLICIT CONTENT INCLUDING EPICTIONS OF VIOLENCE, SEX OR SUBSTANCE ABUSE. PARENTAL DISCRETION IS DVISED FOR ALL USERS UNDER THE AGE OF 18.

7. Member Conduct

You understand that all information, data, text, software, photographs, video, messages, tags, feedback, comments, questions, other information or materials ("Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not EUFY, are entirely responsible for all Content that you capture, upload, post, email, transmit or otherwise make available via the Eufy Services.

EUFY does not control the Content posted via the Eufy Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will EUFY be liable for any Content, including but not limited to,

a) any errors or omissions in any Content

(b) any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Eufy Services including viewing, copying or redistribution of the Content;

(c) loss or destruction of Content; or

(d) failure to comply with any and all applicable Commonwealth state, and local laws with respect to use of the Eufy Services including but not limited to laws related to closed-circuit television monitoring for any purpose and recording in public areas.

You also understand that EUFY does not guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, we do not guarantee the authenticity of any data that users or merchants may provide about themselves. We do not control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Eufy Services.

You agree not to use the Eufy Services to: upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, or invasive of another's privacy; harm minors in any way; impersonate any person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Eufy Services; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under any contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail, "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose; interfere with or disrupt the Eufy Services or servers or networks connected to the Eufy Services (including without limitation denial-of-service attacks) or disobey any requirements, procedures, policies or regulations of networks connected to the Eufy Services; intentionally or unintentionally violate any applicable local, state, national or international law.

EUFY does not view your private photographs or videos without your permission, but you agree that EUFY and its designees will have the right (but not the obligation) in their sole discretion to screen and/or remove Content that is made, or attempted to be made, publicly available via the Eufy Services. EUFY may also refuse or remove Content from the Eufy Services that may violate the Terms, such as those prohibitions listed in Section 7.

Without limiting the foregoing, EUFY will have the right at any time to remove any Content that violates these Terms, is illegal, or EUFY believes may be illegal or inappropriate (including, but not limited to, removal upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.

You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services. You acknowledge, consent and agree that EUFY may access, preserve and disclose your account information and/or Content if required to do so by law or in a belief that such access, preservation or disclosure is reasonably necessary to

(a) comply with legal process, including without limitation subpoenas and search warrants

(b) enforce these Terms

(c) respond to claims that any Content violates the rights of third parties

(d) respond to your requests for customer service or

(e) protect the rights, property or personal safety of EUFY, its users and the public.

 

You understand that the technical processing and transmission of the Eufy Services, including your Content, may involve(a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Eufy Services and software embodied within the Eufy Services may include security components that permit digital materials to be protected and that use of these materials is subject to usage rules set by EUFY and/or content providers who provide content to the Eufy Services.

You may not attempt to override or circumvent any of the usage rules embedded into the Eufy Services. Any unauthorized or illegal reproduction, publication, further distribution or public exhibition of the materials provided on the Eufy Services, in whole or in part, is prohibited.

8. Content submitted or made available for inclusion on the Eufy Services

EUFY does not claim ownership of Content you submit or make available for inclusion on the Eufy Services. Nevertheless, with respect to Content (including all related intellectual property rights) you submit or make available for the Eufy Services, you grant EUFY the following worldwide, royalty-free, nonexclusive, perpetual, irrevocable, sublicensable and transferable license(s), as applicable: the license to use, distribute, reproduce, modify, adapt, make derivative works of, publicly perform and publicly display such Content on the Eufy Services solely in connection with providing you the Eufy Services, as permitted through the functionality of the Eufy Services and under these Terms. You grant EUFY the right to maintain a copy of the Content (including all related intellectual property rights) for archival and legal purposes. You also hereby do and shall grant each user of the Eufy Services a non-exclusive license to access and use your Content through the Eufy Services, as solely permitted through the functionality of the Eufy Services and Eufy by you and under these Terms.

When you use a third-party application, the application may ask for your permission to access your Eufy content and information in order for the application to work as intended. Your agreement with the provider of that application will control how the application can use, store, and transfer that content and information, so be sure to thoroughly read any such application’s terms of service and only use applications from trusted providers.

For clarity, the foregoing license grants to EUFY do not affect your ownership of or right to grant additional licenses to the material in your Content, unless otherwise agreed in writing.

9. Internet service provider and cell phone charges

The Eufy Services require the use of a broadband Internet connection. You are responsible for any service charges for your internet connection or data plan incurred as a result of using or accessing the Eufy Services and acknowledge and agree that you will be solely responsible for all disputes with any internet service or cell phone provider relating to same. In particular, streaming and viewing recorded videos and the use of the apps may incur extra and substantial charges on devices that use a data plan. EUFY is not responsible for and does not make any assurances about the availability, functionality, or cost of any broadband internet connection or other data plan.

10. Using the Eufy Services

You may access and use the Eufy Services only with an Eufy System that is authorized to communicate with the EufySecurity app. You agree not to tamper with or otherwise modify your Eufy System. The Eufy Services are provided for your personal, non-commercial use and may not be resold, in whole or in part. Except as expressly provided in these Terms, you may not transfer the Eufy Services or the right to receive them. By using the Eufy Services you agree to receive all software updates and upgrades that EUFY sends to your Eufy System. If you disable the automatic upgrade feature of the Eufy System then certain functionality of the Eufy System may be adversely impacted. Even if you disable the automatic upgrade feature of your Eufy System, EUFY may still implement critical Eufy System updates; updates for Eufy applications running on your iPhone, iPad, Android phone, or tablet; and Eufy back end service updates. If your Eufy System accesses the Eufy Websites (regardless of your payment or subscription status) you acknowledge and agree that you are a user of the Eufy Services and are bound by the provisions of these Terms.

11. Termination of service

You may request termination of your account and your right to use the Eufy Services at any time without limitation. The Eufy Services will be terminated within approximately 5 business days after your request. Upon termination of your account, certain information may not immediately be deleted from EUFY’s or its agents’ systems, including without limitation log entries, diagnostics, analytics coming from devices tied to the user; transaction details of the account; or information subject to search warrant, subpoenas, or other legal process.

Notwithstanding anything to the contrary in these Terms, EUFY retains the absolute right to immediately terminate your account, if you breach any provision of these Terms, if you misuse the Eufy Services, and/or if you alter your Eufy System or use the Eufy Services or software in such a manner as to infringe upon the intellectual property rights of EUFY or any third party.

In addition, we may terminate your account and these Terms for any other reason if the following occurs:

EUFY gives you at least 30 days advance notice of such termination. Termination of the Eufy Services may result in the forfeiture and destruction of all information associated with your account, including Content.

All provisions of these Terms which, by their nature, should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

12. Notice

EUFY may provide you with notices, including those regarding changes to these Terms, by email, regular mail, text message, postings or updates to the Eufy Websites or other reasonable means now known or hereinafter developed.

13. Title to software and intellectual property

You may need to use certain software programs in your Eufy System to use or have full access to certain features of the Eufy Services. You are required to accept and use the software included in your Eufy System at the time of purchase and other software programs that may be delivered to your Eufy System by EUFY from time to time. EUFY and/or its subsidiaries, affiliates, and licensors retain title to and ownership of all the software for the Eufy System and certain intellectual property rights in the Eufy System. EUFY and/or its affiliates also retain ownership of all EUFY copyrights and trademarks. In the case of third party software delivered by EUFY and/or its subsidiaries and affiliates to the Eufy System, the applicable third party retains title to and ownership of its software, copyrights and trademarks.

Any attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, sublicense, distribute or use for other purposes the Eufy System or the software of the Eufy System is strictly prohibited, unless such prohibition is not allowed under the applicable law. If you install any EUFY software applications on your home computer ownership and the other terms of such use are governed by the applicable End User License Agreement to which you must agree prior to installation.

14. Notice and procedure for making claims of copyright or intellectual property Infringement

EUFY respects the intellectual property of others and we require our users to do the same. EUFY may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat intellectual property infringers. If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have been otherwise violated, please provide EUFY with the following information:

(i)               an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest

(ii)              a description of the copyrighted work or other intellectual property interest that you claim has been infringed.

(iii)            a description of where the material that you claim is infringing is located on the site;

your address, telephone number, and email address.

(iv)            a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;

(v)              a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf.

Please mail this information to:

Legal Department, Directed Australia, 115-119 Link Road, Melbourne Airport, VIC 3045.

15. Open source software

Certain components of the software for the Eufy System are subject to the GNU General Public License ("GPL") or other so-called open source licenses ("Open Source Software"). Open Source Software may not be subject to the restrictions in Section 15 of these Terms. You are free to use, modify and distribute Open Source Software that is subject to the GPL so long as you comply with the terms of the GPL (available at www.gnu.org/copyleft/gpl.html). For clarification, these Terms do not limit your rights under, or grant you rights that supersede, the license terms of any applicable Open Source Software.

16. Special admonitions for international use

Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or from the country in which you reside. You represent and warrant that you are not located in a country subject to a Australian Government embargo, or that has been designated by the Australian as a “terrorist supporting” country, and that you are not listed on any Australian list of prohibited or restricted parties.

17. No resale of Eufy Services

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes any portion of the Eufy Services (including your Eufy ID), use of the Eufy Services or access to the Eufy Services.

18. Indemnity

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS EUFY AND ITS SUBSIDIARIES AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCLUDING BUT NOT LIMITED TO, CLAIMS ALLEGING NEGLIGENCE, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT AND/OR TRADEMARK INFRINGEMENT AGAINST EUFY AND ITS SUBSIDIARIES AND AFFILIATES OR THE EUFY SERVICES, RELATING TO OR ARISING OUT OF YOUR BREACH OF ANY PROVISION OF THESE TERMS, YOUR MISUSE OF THE EUFY OR EUFY SERVICES, OR YOUR UNAUTHORIZED MODIFICATION OR ALTERATION OF EUFY PRODUCTS OR SOFTWARE.

19. Warranty and Warranty disclaimer

EUFY has a limited warranty on the Eufy cameras and base station devices whereby EUFY warrants to and only to you that the Eufy cameras and base station devices will be free from defects in materials and workmanship for one (1) year from the date of your purchase of the Eufy cameras and base station devices (unless a longer warranty period is required by law). The specifics of this EUFY Limited Warranty are at https://www.myanker.com.au/warranty

TO THE EXTENT POSSIBLE UNDER GOVERNING LAW, OTHER THAN THE ABOVE PRODUCT WARRANTY FOR THE EUFY CAMERAS AND BASE STATION DEVICES, YOU UNDERSTAND AND AGREE THAT THE EUFY SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EUFY MAKES NO WARRANTY THAT THE EUFY SERVICES WILL MEET YOUR REQUIREMENTS OR THAT USE OF THE EUFY SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE NOR DOES EUFY MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE EUFY SERVICES (INCLUDING THIRD PARTY CONTENT), THAT ANY DEFECTS IN THE EUFY SERVICES WILL BE CORRECTED OR THAT THE EUFY PRODUCTS OR EUFY SERVICES WILL BE COMPATIBLE WITH ANY OTHER SPECIFIC HARDWARE OR SERVICE. FURTHER, EUFY DOES NOT WARRANT THAT THE EUFY SERVICES OR THE EUFY SERVERS THAT PROVIDE YOU WITH DATA AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EUFY ALSO ASSUMES NO RESPONSIBILITY FOR AND SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY VIRUSES THAT MAY INFECT YOUR EUFY BASE STATION, COMPUTER SOFTWARE, OR OTHER HARDWARE.

YOU AGREE THAT EUFY IS NOT AN INSURER AND THAT EUFY IS NOT PROVIDING ME WITH INSURANCE OF ANY TYPE. ANY AMOUNTS THAT YOU PAY EUFY FOR THE EUFY SERVICE ARE NOT INSURANCE PREMIUMS AND ARE NOT RELATED TO THE VALUE OF YOUR PROPERTY, ANYONE ELSE’S PROPERTY LOCATED IN YOUR PREMISES, OR ANY RISK OF LOSS AT YOUR PREMISES. IF YOU WANT INSURANCE TO PROTECT AGAINST ANY RISK OF LOSS AT YOUR PREMISES, YOU WILL PURCHASE IT. IN THE EVENT OF ANY LOSS, DAMAGE OR INJURY, YOU WILL NOT LOOK TO EUFY TO COMPENSATE YOU OR ANYONE ELSE. YOU RELEASE AND WAIVE FOR YOURSELF AND YOUR INSURER ALL SUBROGATION AND OTHER RIGHTS TO RECOVER AGAINST EUFY ARISING AS A RESULT OF THE PAYMENT OF ANY CLAIM FOR LOSS, DAMAGE OR INJURY.

EUFY’S EQUIPMENT AND SERVICES DO NOT CAUSE AND CANNOT ELIMINATE OCCURRENCES OF CERTAIN EVENTS, INCLUDING, BUT NOT LIMITED TO, FIRES, FLOODS, BURGLARIES, ROBBERIES AND MEDICAL PROBLEMS. EUFY MAKES NO GUARANTY OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE EUFY EQUIPMENT AND SERVICES PROVIDED WILL DETECT OR AVERT SUCH INCIDENTS OR THEIR CONSEQUENCES. EUFY DOES NOT UNDERTAKE ANY RISK THAT YOU OR YOUR PROPERTY, OR THE PERSON OR PROPERTY OF OTHERS, MAY BE SUBJECT TO INJURY OR LOSS IF SUCH AN EVENT OCCURS. THE ALLOCATION OF SUCH RISK REMAINS WITH YOU, NOT EUFY.

OTHER THAN THE ABOVE PRODUCT WARRANTY FOR THE EUFY CAMERAS AND BASE STATION DEVICES, EUFY AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE EUFY SERVICES, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, THE LAST SENTENCE OF THIS SECTION MAY NOT APPLY TO YOU. EUFY HEREBY FURTHER EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY CLAIMS FOR SERVICE FAILURES THAT ARE DUE TO NORMAL PRODUCT WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION OR YOUR NON-COMPLIANCE WITH ANY AND ALL APPLICABLE FEDERAL, STATE OR LOCAL LAWS. THIS WARRANTY AND WARRANTY DISCLAIMER GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY BY STATE, PROVINCE, OR COUNTRY. OTHER THAN AS PERMITTED BY LAW, EUFY DOES NOT EXCLUDE, LIMIT OR SUSPEND OTHER RIGHTS YOU HAVE, INCLUDING THOSE THAT MAY ARISE FROM THE NONCONFORMITY OF A SALES CONTRACT. FOR A FULL UNDERSTANDING OF YOUR RIGHTS YOU SHOULD CONSULT THE LAWS OF YOUR STATE, PROVINCE, OR COUNTRY. FOR OUR AUSTRALIAN CUTOMERS: PLEASE NOTE THAT THIS WARRANTY IS IN ADDITION TO ANY STATUTORY RIGHTS IN AUSTRALIA IN RELATION TO YOUR GOODS WHICH, PURSUANT TO THE AUSTRALIAN CONSUMER LAW, CANNOT BE EXCLUDED.

 

20. No third-party beneficiaries

You agree that, except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to these Terms.

21. Limitations of Eufy's liability

Under no circumstances will EUFY be liable in any way for any Content, including, but not limited to, the loss of Content, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Eufy Services.

EUFY’s liability for damages, especially for breach of duty or obligation, delay in performance, non-performance, or malperformance shall be precluded, except when these are due to negligent breaches of any significant contractual duty or obligation on the part of EUFY. Any liability for negligence is limited to direct losses usually and typically foreseeable in such case. Should the claim for damages be based on wilful or grossly negligent breach of contractual duty or obligation on the part of EUFY, the preclusion and limitation of liability mentioned in the preceding sentences will not apply. The preceding preclusion and limitation of liability will also not apply to claims for damages arising out of loss of life, bodily injury or health impacts for which EUFY may be liable, or for non-contractual liability.

Some states and countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Additionally, this provision is not intended to limit EUFY's liability in the event of EUFY's willful or intentional misconduct. Moreover, if EUFY mistakenly or wrongfully overcharges your account, this section does not limit EUFY's ability to refund such mistakenly or wrongfully overcharged amounts.

22. General Information

Entire Agreement. These Terms constitute the entire agreement between you and EUFY and govern your use of the Eufy Services superseding any prior agreements between you and EUFY with respect to the Eufy Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Eufy Services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. To the extent possible under your local law, these Terms and the relationship between you and Eufy will be governed by the laws of the State of California without regard to its conflict of law provisions.

To the extent possible under your local law, any dispute arising from or relating to the subject matter of this Agreement will be finally settled by arbitration in Melbourne Australia, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration an.

YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND EUFY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Notwithstanding the foregoing, each party will have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in Australia, under its Court Systems.  

Waiver and Severability of Terms. The failure of EUFY to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should Endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of these Terms remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your Eufy account is non-transferable and any rights to your Eufy ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated, and all contents therein permanently deleted.

The section titles in these Terms are for convenience only and have no legal or contractual effect.

23. Contact

The following EUFY entity is responsible for delivering the Eufy Services depending on where you are using the Eufy System.


Thus, if you have any questions, complaints, or claims with respect to the Eufy Services, you may contact us at:

 

Australia & New Zealand

Directed Electronics Australia Pty Ltd

115-119 Link Road,

Melbourne Airport, VIC. 3045

Head Office Phone: +61 3 8331 4800

https://www.myanker.com.au/contacts

Close