1. Scope and Content
Use of the mobile application “SMART Reader” (hereinafter "APP")
provided by GROHE Aktiengesellschaft and/or its affiliates
("GROHE") and its web portal www.grohesmart.com (hereinafter
“portal”) is subject exclusively to the following Terms of
2. Technical Requirements and Availability
For the technical terms and conditions for using the APP, see the
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
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.
In cases where authentication of log-in data fails and/or if false
information or data have been submitted with the registration
and/or in the case of suspected or apparent misuse of the APP or
portal and/or in the case of damage to or impairment of the
performance of the APP or portal, and/or in cases of serious breach
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
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
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
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.
GROHE grants a non-exclusive and non-transferable right to use the
given information, software and documentation on the APP and
portal, provided the use complies with the provisions set forth in
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
9. No Warranty for Correctness and
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
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
(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
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