1. Introduction

The terms set out in this document (General Terms) apply to all aspects of the legal relationship between you as the end user of a Belkin product (Product), and us (or we) Belkin Ltd. or any of our affiliated companies, except where specifically stated to the contrary below.

In addition to these General Terms, your use of your Product is governed by: (i) the Product Warranty, (ii) the Belkin Privacy Policy; (iii) if your Product includes firmware or other software such as an App, Belkin’s End User License Agreement (iv) any Terms of Use which are applicable to your Product and (v) if you have purchased from Belkin’s online store at www.belkin.com, Belkin’s Terms of Sale (these General Terms and the other terms and policies together are referred to as the Product Terms). In the event of inconsistency between these General Terms and any other Product Terms, the other Product Terms will prevail.

2. General Exclusions and Limitations of Liability

Nothing in these General Terms is intended to: (i) change or exclude any statutory consumer rights that cannot be lawfully changed or excluded; or (ii) limit or exclude any right you have against the person who sold the Product to you.

However, in some jurisdictions and circumstances it is possible for a manufacturer to change or exclude warranties, conditions or guarantees implied or imposed by law, and to otherwise limit its liability to consumers.

In those jurisdictions where it can lawfully be done, and to the full extent that the law allows, other than the warranties specifically set out in the Product Warranty, we:

• exclude all other express, statutory or implied conditions, representations and warranties, including but not limited to any implied warranties of non-infringement, merchantability, acceptability, satisfactory quality, title, fitness for a particular purpose, loss of or damage to data, lack of viruses or free from virus or malware attack, security, performance, workmanlike effort, that the functions contained in the Product will meet your requirements, or that your use of the Product will generate accurate, reliable, timely results, information, material or data;

• exclude all liability for the loss of, or damage to, data caused by use of your Product, or its repair;

• exclude any liability we might otherwise have to you for:

a) loss of revenue or profit,

b) loss of the ability to use any third-party products, software or services, and

c) any other form of indirect, consequential, special, incidental or punitive loss or damages, which arises under any law and relates to your use, or inability to use your Product or any related services; and

d) except to the extent that any higher limit applies under the Product Warranty in the case of Connected Equipment, limit our monetary liability to you to the price that you paid for the Product.

If a warranty cannot be excluded or disclaimed, it is limited to the duration of the Warranty Period as set out in the Warranty.

3. Export Control

You acknowledge that the Product and/or any software contained in or associated with it may be subject to export control laws and regulations in the UK and/or other jurisdictions. You agree not to export, re-export, divert, transfer or disclose any portion of the Product or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.

4. Intellectual Property

You agree that, as between us and you, we retain title to and ownership of all the intellectual property rights in the Product. You can find details of the license by us to you of the intellectual property rights in any software in the Product by looking in the Belkin EULA and the Product Terms of Use, if applicable.

We retain ownership of all trade names, trademarks, service marks, logos, and domain names (in each case, a Mark) associated or displayed with the Product. You may not frame or utilise framing techniques to enclose any Belkin Mark, or other proprietary information (including images, text, page layout, or form) of Belkin, nor use any meta tags or any other "hidden text" utilizing Belkin's Marks, without our prior written consent.

We welcome feedback and suggestions regarding your Product and we may look for ways to implement feedback when practicable. You authorise us to use any feedback or ideas that you provide in connection with your use of the Product for any purpose and without further obligation to you of any kind.

5. Termination and Effects of Termination

All rights granted to you under the Product Terms will automatically terminate if: (i) you have committed a material breach of any of the Product Terms or of the terms of any third-party service required for you to use your Belkin App or Product; (ii) your actions cause us to be in violation of any agreement or policy needed to provide the Product; or (iii) we are required to do so by any court or government authority in any country. We will not be liable to you or to any third party for termination under these circumstances.

Upon termination, you must stop using the Product, and if you downloaded a Belkin App, you must uninstall it.

All provisions of this Agreement except for the (i) the warranty provided under the Product Warranty (ii) the license granted under the EULA, and (iii) any consents for you to use the Product and/or any intellectual property rights granted to you under any of the Product Terms, will survive termination of the Product Terms.

6. Governing Law

These General Terms, the other Product Terms and any dispute or claim arising from any of the Product Terms will be governed by and construed in accordance with the laws of England.

If you reside in the United Kingdom, or if you reside outside the United Kingdom and are dealing as a business and not as a consumer, in the event of any dispute regarding your Belkin Product or any of the Product Terms, the courts of England will have exclusive jurisdiction.

If you reside outside the United Kingdom and you are dealing as a consumer, in the event of any dispute regarding your Belkin Product or any of the Product Terms, both the courts of England and the courts of your country of residence will have non-exclusive jurisdiction.

7. Other Agreements

If your Product includes a Belkin App, you may download the App from another provider’s platform such as the Apple App Store or the Google Play Store, or your Product may interact with another provider’s service such as the Google Assistant or the Amazon Alexa Service. In that event, if there is inconsistency between the terms of the Belkin Product Terms and any of the license terms of any such other provider (Other Provider), to the extent that those license terms relate to your use of the Belkin App or Product, their license terms will prevail.

Our Product Terms are made only between you and ourselves and not any Other Provider, and you and we both acknowledge that no Other Provider is responsible for any Belkin App or Product, including any maintenance, support or warranty provisions relating to the App or Product, any product liability or non-conformance with legal or regulatory requirements, and any issue relating to a claim by any third party that the Belkin App or Product infringes their intellectual property rights. An Other Provider may, however, refund the purchase price (if any) relating specifically to a Belkin App, if the App fails to conform to our Product Warranty. You and we acknowledge that any Other Provider is a third party beneficiary of the Belkin EULA and that upon your acceptance of its terms, the Other Provider will have the right (and be deemed to have accepted the right) to enforce its terms against you as a third party beneficiary. Any license granted to you by us in relation to a Belkin App or Product is for your use alone, except as may be permitted under any family sharing or volume purchasing provisions of the Other Provider’s terms.

8. General

a) In any situation where there is inconsistency between a provision in one of the other Product Terms, and a provision of these General Terms, the provision of the other Product Terms will prevail other than as regards section 7 of these General Terms.

b) To the extent that a court of competent jurisdiction determines that any provision of the Product Terms is not enforceable, the court may modify the provision to the minimum extent necessary to make the provision enforceable. Any such invalid provision shall not invalidate the remaining provisions, which shall remain in full force and effect.

c) Belkin may modify the Product Terms from time to time. The current versions can be found on www.belkin.com/legal or by contacting Belkin Support. By continuing to use your Product after any of the Product Terms have been changed, you agree to the changes.

d) A failure or delay by either of us to exercise any right or remedy provided under the Product Terms or by law will not constitute a waiver of that or any other right or remedy, nor will it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy will preclude or restrict the further exercise of that or any other right or remedy.

e) Other than as is stated in Section 7, no person other than us (including, for the avoidance of doubt, any of our affiliated companies) and you will have any rights to enforce any term of the Product Terms.

f) The Product Terms are the entire agreement between you and ourselves as regards their subject-matter, except as is specifically stated in Section 7.