Wi-Fi Control Service

Updated: 13th April, 2021

1. Definitions

Mitsubishi Wi-Fi Control Service (or "Service") means the service provided by Mitsubishi Electric/BDT to enable customers to control their Mitsubishi Electric Heat Pump via the Wi-Fi Control application.

Software (or “App”, “Application”, or “Program”) means the software provided by Mitsubishi Electric/BDT for the use of the Service, including any files, images, code and data, and any future updates to the software.

Site means either www.mitsubishi-electric.co.nz or app.melview.net.

Terms and Conditions (or “Terms”) means the terms and conditions set out in this document and as varied from time to time at the sole discretion of Mitsubishi Electric/BDT.

Unit means a compatible Mitsubishi Electric Heat Pump or Air Conditioning System.

A reference to these Terms and Conditions includes a reference to the document as amended or replaced at the sole discretion of Mitsubishi Electric/BDT.

A reference to "we", "our" "ourselves" or "us" means Black Diamond Technologies Ltd (BDT). BDT is the exclusive distributor of Mitsubishi Electric products sold in New Zealand.

A reference to "you", "your" or "yourself" means the person using the Wi-Fi Control Service or Wi-Fi Control Software.

2. Wi-Fi Control

By downloading or otherwise accessing our service you agree to be bound by the following terms and conditions (“Terms“) and our privacy policy.

We reserve the right to amend these Terms and Conditions at any time, at our sole discretion. Any amendments to these Terms and Conditions will be effective immediately upon posting on our website. It is your responsibility to check for amendments before using the Wi-Fi Control Service.

This agreement only covers use of the Wi-Fi Control service and does not cover associated products such as the Wi-Fi Interface or the device used to access the service.

Any questions, complaints or claims regarding this service should be directed to: Black Diamond Technologies Ltd
Customer Support – Wi-Fi
PO Box 30772
Lower Hutt 5040
Wellington

New Zealand Toll-Free Number: 0800 639 434
Mondays to Fridays: 8.30am to 5.00pm
Closed on public holidays.
Email help@bdt.co.nz

If you do not agree with these Terms, you should stop using our service immediately.

3. Mobile Device Compatibility

The Wi-Fi Control Software may not be compatible with all mobile handsets.

4. Costs

You are responsible for all costs incurred in downloading and using the Wi-Fi Control Software and the Wi-Fi Control Service.

You will be provided free access to the Wi-Fi Control app for 10 years from the date you first connect a unit to the service. After this time you may be required to renew the license to access the software.

5. Intellectual Property Rights

This site, and the Wi-Fi Control Service and Software, is owned and operated by BDT.

No material from the site, service or app may be reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written permission of BDT, except that you may download one copy of the Wi-Fi Control Software on a single mobile device for your own personal use, provided you keep all accompanying copyright and other proprietary notices intact. Modification of any of the materials or use of the materials for any other purpose will be a violation of BDT's copyright and other intellectual property rights.

If you download the Wi-Fi Control Software, the Wi-Fi Control Software is licensed to you by BDT. BDT does not transfer title to the Wi-Fi Control Software to you. You own the medium on which the Wi-Fi Control Software is recorded, but BDT retains full and complete title to the Wi-Fi Control Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Wi-Fi Control Software, any updates, or any part thereof.

6. Information Collection

To help us improve our service, BDT may collect and report anonymous data regarding the usage of Wi-Fi Control. This information does not personally identify users, by itself or in combination with other information.

Upon connection of the Wi-Fi Interface to the Internet, your interface will send us operational information about your unit. (including Off/On status, Operating mode(s), Temperatures, Set Points and other unit information). This does not include any identifiable personal information. Until you have registered your unit to the Wi-Fi Control Service, only the MAC and Serial number of your unit will be recorded.

We will also store operational service information such as login history, changes made for security and customer assistance.

BDT maintain a privacy policy which may change from time to time on our website: www.mitsubishi-electric.co.nz/privacy.aspx

7. Use of the Service

We grant you a non-transferable non-exclusive licence to use the Service and the data contained in it solely for the purposes of receiving the benefit of the Service and for monitoring and controlling the Product installed in premises you own or control for the period between the Registration date and the date of termination of the contract by either you or Us.

The Service is provided as a consumer grade service with a maximum number of 100x connected interfaces. It is reliant on the Internet connection between the User, Wi-Fi Interface and our servers for communication.

The Service is provided as a secondary monitoring and control facility. You acknowledge that the Service is provided on an “as is” basis and are not guaranteed to be available on a continuous basis or to effect all instructions made through the Service and, in particular, is not suitable for:
- Any application critical heating or cooling. You must also make arrangements for a person to physically check that the Product is set.
- Any application where unavailable or inaccurate information about the Product or the failure of instructions to be implemented would cause you any loss whatsoever.

You acknowledge that the Energy Monitoring feature of the Service is indicative and provided for “illustrative” purposes only. Energy data is estimated, captured per 0.1kW block and may not depict real values. Not all connected interfaces or units provide Energy Monitoring.

8. Restricted Use

You may not use the Wi-Fi Control Software or Wi-Fi Control Service for any unlawful or prohibited purpose or in any way that may cause a security threat.

You may not use any device, including any software routine or automated process, which interferes with the normal operation of the Wi-Fi Control Software or take any action that imposes an unreasonable load on BDT’s servers or other computer equipment, or the computer equipment of BDT's internet service providers.

You may not use any unauthorised software, programme, algorithm, methodology or other automatic device, including any spider, robot, or otherwise, or use any manual process to monitor, copy, collect or harvest any data, information or content found on BDT’s site/s or in the Wi-Fi Control Software, or use any manual process for the same purpose.

9. Termination

This agreement is effective until terminated by either party.

You may terminate this agreement at any time by closing your Wi-Fi Control service account. We will terminate this agreement immediately without notice if, in our sole discretion, you fail to comply with any of its terms or conditions or you use the Wi-Fi Control Software or Wi-Fi Control Service for any unlawful or prohibited purpose or in any way that may cause a security threat.

We may terminate this agreement at any time by providing thirty (30) days written notice to the registered email address or by any other appropriate means:

Where you have purchased the Wi-Fi Interface and we terminate this service for any non-breach within 6 months of purchase, you may be entitled to a refund of the purchase price of the Interface.

10. Disclaimer

The Wi-Fi Control Software and the Wi-Fi Control Service are provided "as is" and without warranties of any kind either express or implied.

To the fullest extent permissible and subject and pursuant to applicable law, BDT disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

BDT does not warrant that the Wi-Fi Control Service or the Wi-Fi Control Software will be uninterrupted or error-free, that defects will be corrected or that this site, the Wi-Fi Control Software or the server that makes it available is free of any virus or other harmful elements. BDT does not warrant or make any representations regarding the correctness, accuracy, reliability, or otherwise of the Wi-Fi Control Software or the Wi-Fi Control Service or the results of its use.

Nothing in these Terms and Conditions shall affect any rights you may have under the Consumer Guarantees Act 1993 (New Zealand) if it is applicable.

If you acquire or hold yourself out as acquiring for the purposes of a business any services to which these Terms and Conditions apply, the provisions of the Consumer Guarantees Act 1993 (New Zealand) shall not apply to our supply of such services.

11. Limitation of Liability

Subject to applicable law, under no circumstances, including, but not limited to negligence, will BDT be liable for any special or consequential damages that result from the use of, or the inability to use, the Wi-Fi Control Software or the Wi-Fi Control Service, even if BDT or an BDT representative has been advised of the possibility of such damages.

In no event shall BDT’s total liability to you for all damages, losses, costs and expenses under whatever causes of action, whether in contract, tort or otherwise exceed the amount paid by you to us, if any, for accessing this site and downloading the Wi-Fi Control Software.

12. Force Majeure

BDT shall have no liability to you if it is prevented from, or delayed in performing, the Wi-Fi Control Service by acts, events, omissions or accidents beyond its reasonable control, including (without limitation) industrial disputes (whether involving the workforce of BDT or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

13. Variation to Terms and Conditions

BDT reserves the right to amend these Terms and Conditions at any time, in its sole discretion. Any amendments to these Terms and Conditions will be effective immediately upon posting on our website. It is your responsibility to check for amendments before using the Wi-Fi Control Service.

14. Severability

If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.