These General Conditions, together with any Special Conditions that may be established, regulate the legal relationship derived from the purchasing processes formalised by us, INDUSTRIAS ROYAL TERMIC, S.L., and the users of our online shop provided through the Rointe.com site and associated links: rointe.com/uk/, rointe.ie, rointe.com/fr/, rointe.com/pt/, rointe.com/ru/ and rointe.com/nl/, and may be contracted by any user as long as they comply with all the terms stipulated in these Conditions and in the particular conditions of the different domains.

This document is available at all times for reading and printing on this website, facilitating the request to download it from here, as established by R.D. 1906/1999, regulating Telephone or Electronic Contracting and Law 7/1996, on the Regulation of Retail Trade (modified by Law 47/2000, of 19 December) as applicable to the provisions on distance sales in articles 38 and following.

Details of the seller:

Legal responsible: Industrias Royal Termic, S.L.

Commercial (trading) name: Rointe

Company number: ESB30537211 / FC028985

UK establishment number: BR010463

Address: Polg. Vicente Antolinos, Calle E Parc.43 C.P. 30140 Santomera (Murcia).

Commercial Register data: Region: Reg. Mer. de Murcia Volume: 1271  Book: 0 Section: 8ª  Folder: 104  Sheet: MU 22737  Date: 14.02.97

OBJECT

The present contracting conditions govern the relationship between INDUSTRIAS ROYAL TERMIC, S.L. and customers who purchase products through its websites.

These terms will be binding from the moment any of the products or services offered on the Rointe website are contracted.

The main characteristics of each product are described in their corresponding files or sections. (Characteristics, price, offers, discounts, etc.).

The offers will be duly marked and identified as such, conveniently indicating the previous price and the price of the offer.

This website offers heating products:

– Radiators

– Electric towel rails

– Electric water heaters

– Electric underfloor heating

– Accessories for these systems

Additional services:

– Electric heating project services

Rointe is not obliged to compensate the user or third parties for the consequences of the use of its products, whether direct or indirect damage nor is it responsible for the materials with which our products are made.

All our products must be installed and operated strictly in accordance with our guidelines, which should take priority over all other information and advice. A failure to do so may compromise your safety and invalidate any guarantee that comes with the product.

In all orders, the invoice corresponding to the order will be enclosed in the package or envelope. If for any reason you cannot find the invoice with the shipment, you must inform Rointe and we will send it to you by email.

In the UK and IE, customers can purchase certain products and accessories from certain vendors. If you have ordered from one of these vendors and are missing the invoice, please contact the vendor directly.

PURCHASE VALIDATION

Once the purchase has been made and as soon as possible (within 24 hours of the purchase), Rointe will send an order confirmation by e-mail. If you do not agree with the data included in this confirmation, you may request the modification of the same or the cancellation of the contract.

In any case, the communication must be made within 24 hours of the order confirmation, by email: [email protected] and provided that the order has not been dispatched.

DELIVERY TIME

Deliveries will be made once your order has been confirmed and payment has been made in the manner described in “Payment Methods”.

Before this, we will send you an email with the confirmation of your purchase, assigning you an order number.

At Rointe we take care of our products to guarantee their high quality and our delivery times will be as short as possible, bearing in mind that delivery times may vary depending on the order, the location of the shipment and the transport agency that carries out the shipment.

In the UK and IE, customers can purchase certain products and accessories from certain vendors or some accessories or special products directly from Rointe.

For reference:

Spain: The estimated delivery time is between 1 and 6 days.

UK & IE (including third-party vendors, dispatch from UK warehouse and dispatch from Spain): Estimated delivery time is between 3 -14 working days.

For special or custom-made products e.g. DESIGNLINE: Up to 4 weeks and no more than 6 weeks.

Orders will be considered delivered once the customer signs the document of receipt of goods. It is the customer’s responsibility to check the condition of the package and any possible anomalies due to damage to the material or if the contents do not correspond to the delivery note.

The delivery will be made to the address and to the holder provided in the purchase process. Before you place your order, we will inform you of the expected delivery details during the checkout process.

If you do not receive the order within the maximum legal period of 15 days from the confirmation of the order, you can contact Rointe by sending an email to: [email protected]

Occasionally, the transport company returns the orders to our facilities that have not been able to be delivered, because the recipient of the order is absent from the postal address indicated on the package, or the postal address is incorrect and the user not been able to be contacted by any means. In these cases, our company notifies the user of this incident, to process a new shipment with the confirmed correct postal address. In case of a new shipment, we will contact the customer in case there are additional charges.

In the event that the user does not respond to our notices, we will keep the package in our facilities for a maximum of 6 months. After this period, the package will be returned to our warehouse and no refund or replacement is possible.

In the case of a new shipment due to an error in the customer’s address, the shipping costs will be charged again.

SHIPPING COSTS

Shipping costs are stated at the checkout stage of the order.

PAYMENT TERMS AND CONDITIONS

The user/purchaser agrees to pay Rointe for the products purchased in the accepted forms of payment and for any additional amount (including taxes and late payment charges, as applicable).

Accepted methods of payment:

– Credit/debit card via PayPal.

– Allowed cards are Maestro, MasterCard and Visa.

No other method of payment is accepted.

Payment is always in advance, of 100% of the order and will be shipped upon confirmation of payment.

VALIDITY OF PRICES AND OFFERS

The products and services offered on our websites, and the prices thereof will be available for purchase for as long as they are in the catalogue of products displayed on the website. Users are requested to access updated versions of the website in order to avoid errors in prices. In any case, orders in process will maintain their conditions for 7 days from the moment of their formalisation.

All prices include value added tax (VAT) where applicable at the applicable current rate.

Withdrawal is the right of a consumer of a good to return it to the trader within a legal period, without having to claim or give any explanation for it or suffer a penalty.

The commercial withdrawal period is 28 days from the time of receipt of the product.

We have a form to manage your returns in your customer account. You can request cancellation or refund at https://rointe.com/uk/my-account/orders/ tab “VIEW” of each country. If applicable, please send the request form to [email protected].

Returns: 

The maximum period to receive the amount of a refund is 28 calendar days, by the method of payment used in the order. If after that date you have not received the amount of an accepted return, please contact us by email [email protected] for Spain, Portugal and France and [email protected] for UK and IE.

To be eligible for a return, the item must show no signs of use and must be in the same condition in which you received it. It must also be in its original packaging.

Non-returnable products:

– Gift cards

– Downloadable software products

– Made to order or specially manufactured items, such as the DESIGNLINE range

To complete the return of products purchased through the portal https://rointe.com the customer must complete the following steps:

Access https://rointe.com/uk/my-account/ with your username and password.

In the “Orders” section, click on the “view” button of the product you wish to return.

Fill in the return form, attaching proof of purchase of the product.

The right of withdrawal may not be exercised in the following cases:

– The product or the packaging is in poor condition.

– The product is not complete, is missing accessories or is tampered with and/or broken.

– Instructions or other documentation is missing.

– Proof of purchase and delivery note is missing.

– Products with obvious signs of use and handling.

– Any item that is not in its original condition, is damaged or missing parts for reasons beyond the company’s control.

– Any product that is returned more than 28 days after shipment.

Refund of monies

Once we receive the return, it will be inspected and we will send an email to notify you that we have received the return. We will also notify you of the approval or rejection of the requested refund.

If the return is approved, the refund will be processed and the amount will be refunded using the original payment method.

The guarantee of the articles marketed by Rointe is 3 years for private users as provided for by Law 23/2003 of 10 July 2003 on Guarantees in the Sale of Consumer Goods, a period that will be modulated according to the nature of the product in question. The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it.

Our guarantee covers any defect in the product that becomes apparent within a defined period. Please consult guarantees in the product page of the rointe.com online shop, the product manuals and instructions, the existence and conditions of after-sales services and commercial guarantees. All articles marketed by Rointe are guaranteed as to their quality.

The guarantee shall be void in the event of defects or deterioration caused by external factors, accidents, in particular electrical accidents, wear and tear, improper washing and use not in accordance with the instructions in the Supplier’s manual.

The guarantee shall not apply to apparent defects and defects of conformity of the product, for which any claim must be made by the user concerned within 7 days of delivery of the products. The guarantee shall not cover products damaged by improper use.

The images on the website are not contractual, but as close as possible to the finished product due to the multitude of variants that products can undergo due to customisation. The guarantee does not include the lack of accuracy of the product received with respect to the image displayed on the website.

The guarantee will only be effective on the presentation of an invoice or proof of purchase, which must be dated the day of purchase, with the commercial reference of the product in question. Any complaint must be dealt with by ROINTE’s after-sales service at the following e-mail address [email protected] or on the following telephone number 0203 321 5929.

ROINTE is entitled to authorise a third party professional to carry out repairs under guarantee. The responsibility for the technical expertise and repair work remains with the latter, who will determine, and this report is binding on the parties, whether the product is indeed defective, the method of repair if necessary and above all the effective validity of the guarantee.

The guarantee is limited only to the replacement or repair of the defective product. If this proves necessary, then the expertise of the official technical services is binding. In case of replacement of the defective part or of the complete appliance, the costs of transport, disassembly and assembly are excluded from the guarantee. Any compensation for damages is excluded.

Damage caused by the after-sales service during the repair or replacement of a product shall be repaired or replaced by the latter at no charge to ROINTE.

The guarantee only covers products that have been subject to normal use in the conditions of use for which they are intended. The guarantee does not apply in the event of unforeseeable circumstances or force majeure.

The duration of the guarantee starts from the date of purchase by the user.

DISCOUNTS AND PROMOTIONS

Sometimes, we create codes so that you can get a Rointe product with a discount.

To apply the discounts, all you have to do is enter our online shop and buy the product to which the code is associated. During the purchasing process, you will be given the option to include the promotional code before making the payment, and once entered, the discount will immediately be applied to the article.

For full general terms and conditions of promotions, please visit https://rointe.com/uk/general-terms-promotions/

COMPLAINTS

Complaints made for any circumstance and products marketed by ROINTE must be made in such a way that there is full proof of the fact, and must be sent through the official channels provided by ROINTE for this purpose. (https://rointe.com, [email protected], +44 (0)203 321 5929).

Once the complaint has been received, ROINTE undertakes to resolve the complaint as soon as possible, taking into account the content and context of the complaint.

The user may make claims by sending an e-mail to [email protected] indicating their name and surname, the product purchased and stating the reasons for their claim. Please include the following information:

To the attention of: INDUSTRIAS ROYAL TERMIC, S.L.

E-mail: [email protected]

Address: POLG. VICENTE ANTOLINOS, CALLE E PARC.43 C.P. 30140 SANTOMERA (MURCIA).

– The product:

– Purchased on the day:

– User’s name:

– User’s address:

– Signature of user (only if submitted on paper):

– Date:

– Reason for complaint:

Rointe is responsible for the free collection of the product in the case of returns of defective products under guarantee, once the technical department has verified that the product is within the assumptions that apply to the guarantee. For any other type of return, the user will be responsible for the payment of the shipping costs of the item. Shipping costs are non-refundable.

Rointe is not responsible for any loss or misplacement during the process of returning the returned product.

The refund will be made within 14 calendar days from the date on which we approve your return.

In case you are interested in submitting your complaints, you can also use the dispute resolution platform provided by the European Commission, which is available at the following link: http://ec.europa.eu/consumers/odr/.

AFTER-SALES SERVICE

We have an after-sales service to solve any problem with our products or shipments through which we offer the fastest and most efficient resolution for our customers.

To contact us or ask us any question or complaint, the customer can use any of the following means:

* Telephone: (+44) 0203 321 5929

* E-mail:   [email protected]

LIMITATION OF LIABILITY

Rointe® reserves the right to modify and update the information contained on its websites, its configuration and presentation, access conditions, contracting conditions, etc., at any time and without prior notice. Therefore, the USER must access updated versions of the page periodically.

The user is solely responsible for maintaining the confidentiality and security of your customer account and for all activities that occur on your account once it has been created and delivered by Rointe.com. The user undertakes to immediately notify Rointe.com of any breach of security of your account.

Rointe will not be responsible for any loss derived from the improper or unauthorised use of your account.

The user is solely responsible for maintaining the confidentiality of your password and is solely responsible for all activities resulting from the use of your password on the pages developed by Rointe.com.

You agree to hold Rointe.com harmless from claims, losses, expenses, damages and costs (including direct, incidental, consequential, punitive, exemplary and indirect damages), and reasonable attorneys’ fees resulting from any breach by you/buyer of these terms, whether or not considered material or immaterial; the use or misuse of the Services by you or anyone acting on your behalf or using your account on Rointe.com, or for any material or immaterial violation of any right, title or interest of any third party.

In no event shall Rointe be liable for any breach of contract by you, negligence with respect to the site, the service or any content, for any loss of profits, loss of use, or actual, special, indirect, incidental, punitive or consequential damages of any kind arising out of your misuse of the tools provided.

Our sole liability shall be to supply the product under the terms and conditions expressed in this contracting policy.

Rointe will not be liable for any consequence, damage or harm that may arise from the improper use of the products supplied.

JURISDICTION AND APPLICABLE LAWS

These Terms of Use are governed by Spanish law. These Conditions of Use are subject to the provisions of Law 7/1998, on General Contracting Conditions, to Royal Legislative Decree 1/2007, on Consumers and Users, to Royal Decree 1906/1999, which regulates Telephone or Electronic Contracting, to Law 7/1996, on the Regulation of Retail Trade, and to Law 34/2002, on Information Society Services and Electronic Commerce.

In accordance with Article 29 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, contracts concluded electronically in which a consumer is a party shall be presumed to have been concluded in the place where the consumer has his or her habitual residence.

Electronic contracts between entrepreneurs or professionals and users shall be presumed to have been concluded at the place where the service provider is established. In the event of any dispute arising from these general terms and conditions and for the resolution of conflicts, the parties submit, at their free choice, and waiving any other jurisdiction, to the courts and tribunals of the User’s domicile.

Terms of service: Google

Industrias Royal thermal, S.L. and its subsidiaries and affiliates (collectively, “Rointe”) provides:

(1) a user account Rointe with which I know that you can access www.rointeconnect.com (“Web Site”), (2) the services accessible through the Web Sites (“Web Applications”), (3) software that can be downloaded to your smartphone or tablet to access services (“Mobile Apps”) and (4) subscription services, including services that may or may in the future be visited using web applications and mobile applications (“Subscription Services”), For use in combination with Rointe Delta Ultimate, D Series, Rome, Coralia, CT2, Belize and Olympia (“Products”) and in other ways that Rointe provides. The use and/or integration of Rointe’s products and/or services by third party services without the express consent of Rointe is strictly prohibited. The term “Services” means Web Sites, applications, mobile applications and subscription services.

These Terms of Service (“Terms”) govern your access to and use of the Services. These Terms give you specific legal rights, and you may also have other legal rights, in addition, that vary from jurisdiction to jurisdiction. The disclaimers, exclusions and limitations of liability under these Terms shall not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so the provisions of these Terms may not apply to you.

THIS IS A LEGAL AGREEMENT. By ACCESSING AND USING THE SERVICES (INCLUDING THE SITES), YOU AGREE TO THESE TERMS ON BEING YOURSELF Or THE ENTITY YOU REREPRESENT IN CONNECTION WITH ACCESS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND ABILITY TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. You REPRESENT THAT YOU ARE OF ENOUGH LEGAL AGE, JURISDICTION Or RESIDENCE OF USE Or ACCESS To THE SERVICES IN THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY OF THE PROVISIONS OF THESE TERMS, YOU MUST DISCONNECT YOUR PRODUCTS FROM YOUR ACCOUNT (AS DESCRIBED BELOW) AND LET ACCESS OR USE THE SERVICES.

AS DESCRIBED BELOW, YOU AGREE TO AUTOMATIC SOFTWARE UPDATE OF SERVICES AND SERVICES-RELATED PRODUCTS. IF YOU DO NOT AGREE, YOU SHOULD NOT USE THE SERVICES.

AS DESCRIBED BELOW, SECTIONS 4 AND 5 DESCRIBE IMPORTANT LIMITATIONS OF SERVICES, IN PARTICULAR WITH RESPECT TO LIFE SAFETY AND CRITICAL USES. PLEASE READ THESE PROVISIONS CAREFULLY, RECONCOVENDOUS AND ACEPTANDOLUS FOR YOUR PART.

Overview, eligibility, customer service, time and completion

(A) General and relationship to other agreements. These Terms govern your use of the Services. Your purchase of any product is governed by the limited warranty provided with that product (“Limited Warranty”) and may also be governed by the Terms of Purchase. Software embedded in the Product (and any updates) (“Product Software”) is licensed and governed by the End User License Agreement. Certain features of the Services may be subject to additional guidelines, conditions, or rules, which will be posted on the Services in connection with those functions. All additional guidelines, conditions or rules, the Website Privacy Policy (“Website Privacy Policy”) and the Privacy Statement (“Privacy Statement”) are incorporated as references to these Terms and, by using the Services, you agree to accept and respect them.

You may use the Services only if you may sign a binding contract with Rointe and only if you comply with these Terms and all applicable local, state or provincial, national and international laws, rules and regulations. Use of or access to these Services by any person under the age of 18 is strictly prohibited and violates these Terms. The Services are not available to any user who has previously been prohibited from using them by Rointe.

Customer service. If you have any questions or concerns regarding the Products, Services or these Conditions, please contact

Term and These Terms will remain in full force as long as you continue to access or continue to use the Services, or until terminated in accordance with the terms of these Terms. At any time, Rointe may (i) suspend or cancel your rights to access or use the Services or (ii) terminate these Terms with respect to you if Rointe believes in good faith that you have used the Services in violation of these Terms, including any guidelines, conditions or incorporated rules. If you transfer a Product to a new owner, your right to use the Services with respect to that Product is automatically canceled and the new owner will not have the right to use the Product or Services with your account (as described below) And you will need to register for a different Rointe account.

Effect of Completion. Upon termination of these Terms, your account and your right to use the Services will be automatically

Accounts

To use the Services, you must register to obtain a user account (“account”) and provide certain information about you as indicated on the appropriate enrollment form. You represent and warrant that:

all required information you submit will be accurate and accurate;

you will maintain the accuracy of such information; and

Your use of the Services shall not infringe any laws or regulations of the Kingdom of Spain or any other applicable laws or regulations (e.g. you are not in an embargoed country or weigh on you any prohibition or restriction under applicable export control laws and regulations). You are fully responsible for maintaining the confidentiality of your account access information and all activities that occur within the scope of your account. You agree to use “strong” passwords (passwords that have a combination of upper and lower case letters, numbers, and symbols) with your account and keep your password safe to prevent others from gaining access without your permission. You agree to immediately notify Rointe of any unauthorized use (or suspected unauthorized use) of your account or any other security violations. Rointe shall not be liable for any loss or damage arising out of your failure to comply with the above

Access to Services

(A) Access and use. Subject to these Terms, Rointe grants you a non-transferable and non- exclusive right (without the right to sublicense) To access and use the Services (i) through the Web Applications for the exclusive purpose of controlling and monitoring the Products installed on your property or accessing the Service in any other way explicitly provided by Rointe for its use (the “permitted purpose”), (ii) by installing and using mobile device applications exclusively on your own mobile device (e.g., iPhone, iPad, or Android smartphone) and only for the permitted purpose and (iii) if authorized separately.

(b) Automatic software updates. From time to time, Rointe may develop patches, bug fixes, updates, enhancements, and other modifications to improve the performance of the Services or product software (“upgrades”). These can be installed automatically without prior notice and without receiving any additional consent. You consent to this automatic update. If you do not want these updates, the solution is to close your account and stop using the Services and the product. If you do not close a previously created account, you will receive updates automatically. You acknowledge that you may need to install updates to use the Services and Product and agree to immediately install any Updates provided by Rointe. Your continued use of the Services and the Product constitutes your acceptance (i) of these Terms with respect to the Services and

(ii) of the End User License Agreement with respect to the updated Product Software.

End User with respect to the updated Product Software. (c) Connection with third party products and services. Over time, Rointe may provide you with the opportunity to connect the Products and Services to third-party products and services through use of the Services, for example through the Works with Rointe platform (“Third-Party Products and Services”). You decide which Third Party Products and Services you want to connect with and whether you want to connect. This connection requires your explicit consent and authorization and you may revoke them at any time. Once you have given your consent to a third party product and service, you agree that Rointe will exchange information and control data regarding you and your products, including your personal information, in order to enable the connection you have authorized. Once this information is shared with the particular third party product and service, its use will be governed by the third party’s privacy policy and not by the privacy documentation of Rointe. You acknowledge and agree that Rointe does not represent or warrant the safety of any third party products or services. Therefore, Rointe is not responsible for your use of any third party products or services or for any personal injury, death, property damage (including, without limitation, your home) Or other damages or losses arising out of or related to your use of Third Party Products or Services. If you have questions about the Products and Services of a third party, you should contact the third party in question.

(D) There are certain materials that may be displayed or presented on the Services (including, but not limited to, text, graphics, articles, photographs, video, images and illustrations (“Content”). The Content includes information that you and other users provide to us in the course of your use of the Services (collectively, “User Submissions”), which may be used to provide, maintain or improve the Services. There is content that may be visible to others (for example, the Service allows you to upload, post, or otherwise share video content). You may also post comments, comments, questions or other information on the Web Sites. You are solely responsible for all Content that you upload, post, email, transmit or otherwise disclose through or in connection with the Services, or that you provide in any way to the Services; you represent and warrant that you have all the rights necessary to do so in the manner in which you provide them; And you license Rointe of all patents, trademarks, trade secrets, copyrights or other proprietary rights in and in connection with the Content to post to the Service in accordance with these Terms of Service. You will respect all copyright notices, trademark rules, information and restrictions contained in any Content accessed through the Services and will not use, copy, reproduce, modify, translate, publish, disseminate, transmit, distribute, present, You will upload, display, authorize, sell or otherwise exploit in any way, regardless of your intended purpose, Content or submissions from third parties or other proprietary rights that you do not own:

(i)without the express prior written consent of their respective owners and (ii) in any way that infringes the rights of third parties. Rointe reserves the right to remove any Content from the Services at any time, for any reason (including but not limited to, receiving claims or allegations from third parties or authorities regarding such Content, or if we are concerned that you may have infringed the sentence above) or for no reason.

some. (E) Certain restrictions. The rights granted to you in these Terms are subject to the following restrictions: (i) You agree not to license, sell, rent, lease, transfer, Assign, distribute, host, or otherwise commercially exploit the Services; (ii) You agree not to modify, make derivative works, disassemble, decompile, or reverse engineer any part of the Services; (iii) You agree not to access the Services to create a similar or competing service; (iv) except as expressly stated herein, no part of the service may be copied, reproduced, distributed, republished, downloaded, Display, post or transmit in any form or by any means; (v) You agree not to upload, transmit or distribute any computer viruses or worms or any software intended to damage or alter a computer or communication network, a computer, a mobile device, data, the Services, The Product, the Product Software, or any other system, device, or property; (vi) You agree not to interfere with, disrupt, or attempt to access the Servers or networks connected to the Services without authorization or in violation of the regulations, policies, or procedures of such networks;

(vii) You agree not to access (or attempt to access) any of the Services by means other than the interface provided by Rointe; And (viii) You agree not to remove, hide or alter any proprietary rights notices (including copyright and trademark notices) that may be contained in or displayed in connection with the Services. Any future release, update or other additions to the features of the Services will be subject to these Terms.

Open Source. Certain elements of independent third-party code may be included in web applications or mobile device applications that are subject to the GNU General Public License (“GPL”) or other open source licenses (“Open Source Software”). The Open Source Software is licensed under the terms of the license accompanying the Open Source Neither of these Terms limits your rights under the terms and conditions of any applicable end-user license applicable to such Open Source Software or grants you rights to replace it. In particular, none of these Terms restricts your right to copy, modify and distribute the Open Source Software which is subject to the terms of the GPL.

Privacy Statement. Review the Privacy Statement. The Privacy Statement describes practices regarding the information that Rointe may collect from users of the Products and Services, including any Content or User

(H) Security. Rointe is concerned about the integrity and security of your personal information. However, Rointe cannot guarantee that unauthorized third parties can never violate our security measures or use your personal information for improper purposes. You assume that you provide your personal information at your own risk.

Rointe reserves the right to modify, suspend or discontinue the Services or any portion thereof at any time with or without notice. You agree that Rointe shall not be liable in connection with you or any other third party for any modification, suspension or interruption of the Services or any portion thereof.

Access outside certain While the Sites are accessible from all over the world, the Products and Services provided or accessed through the Sites are not available to all persons or in all countries. If you choose to access the Sites from outside of a country where Rointe provides the Products and Services listed here (“Destination Country”), you do so as your own initiative and are solely responsible for complying with local laws in force in your country. You understand and agree that the Sites are not intended for use outside the Destination Countries and some or all features of the Sites may not function or may not be appropriate for other countries. To the extent permitted by law, Rointe accepts no obligation or liability for any damage or loss you suffer from accessing the Sites or the Rointe Products or using them outside the Destination Countries. You will be subject to these Terms wherever you access or use the Sites or use the Services.

Agreed Use and Limitations of the Rointe Services

(A) Intended use of the Rointe Services. The Services are expected to be accessed and used to obtain non-urgent information and control Rointe products. While we aim to make the Services highly reliable and highly available, they are not intended to be reliable or available 100% of the time. The Services are subject to sporadic interruptions and failures for a variety of reasons beyond the control of Rointe, including intermittent Wi-Fi connection, service provider availability time and operators and their notifications, among others. You acknowledge these limitations and agree that Rointe is not responsible for any damage or injury allegedly caused by the failure or delay of the Services to reflect the status or notices at the time.

(b) The Services are not for personal safety or critical use. You acknowledge and agree that the Products and Services, whether used independently or in connection with third party products or services, are not certified for emergency response. Rointe does not warrant or represent that the use of the Products or Services with any third party products or services will affect or increase the level of security.

appropriate. (c) Reliability of notifications. You acknowledge that the Services, including remote access and mobile notifications, are not intended to be 100% reliable or 100% available. We cannot guarantee or guarantee that you will be notified at any given time or at any time. YOU AGREE THAT YOU WILL NOT BE DEPENDENT ON PERSONAL SECURITY SERVICES OR CRITICAL PURPOSES. NOTIFICATIONS TO MOBILE DEVICES REGARDING STATUS AND ALARMS ON THEIR ROINTE PRODUCTS ARE PROVIDED FOR INFORMATION PURPOSES ONLY: THEY DO NOT REPLACE A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM. The

information provided by Rointe regarding what to do in an emergency is based on authorized security sources, but there is no way for Rointe to provide specific information regarding a situation in your home or elsewhere. You acknowledge that it is your responsibility to learn how to respond to an emergency and to do so according to the specific characteristics of your situation.

Temporary The Services may be temporarily suspended without notice for safety reasons, system failures, maintenance and repair problems, or other circumstances. You agree that you will not be entitled to any refund or refund for such suspensions. Rointe does not offer any guarantee of uptime in connection with the Services.

System The Services will not be available without the following: (i) a Wi-Fi network that operates in your home and is located in such a way as to reliably communicate with the Products; (ii) an account; (iii) mobile clients such as a compatible phone or tablet (required for some features); (iv) always active broadband Internet access in your home; and (v) other system elements that Rointe can specify. You have the responsibility to ensure that you have all required system elements and that they are compatible and properly configured. You agree that the Services may not function as described if requirements are not met or if there are incompatibilities. You further agree that Rointe may enable Bluetooth on your smartphone or tablet, with or without notice, to facilitate the proper operation of the Services, to allow communication with the Rointe Products connected to the same Rointe account, and to enable certain features.

Energy savings and other benefits. Unless explicitly promised a “warranty”, Rointe does not warrant or promise any specific level of energy savings or other monetary benefit from the use of the Products or Services or any of its functions. Real energy savings and economic benefits may vary with factors beyond Rointe’s control or knowledge. From time to time, Rointe may use the Services to provide you with information that is unique to you and your energy use and suggest an opportunity to save money on energy bills if you adopt the suggestions or functions of the product or Services. We do this to highlight an opportunity based on our analysis and information about you and your family. You acknowledge that these promotions are not a guarantee of real savings and agree not to seek monetary or other compensation from Rointe if your savings are different.

The Services provide you with information (“Product Information”) regarding the Products in your home and your connection with other products and services. All Product Information is provided “as is” and “as available”. We cannot guarantee that it is correct or up-to-date. Where essential, access to Product Information through the Services is not a substitute for direct access to information in the home.

(H) All information published publicly or privately transmitted through the Services is the sole responsibility of the person who originated such Content and Rointe shall not be liable for any errors or omissions in any Content. Rointe cannot guarantee the identity of any other user with whom you may interact while using the Services. In addition, we cannot guarantee the authenticity of any data that users or merchants provide about themselves. You acknowledge that all content you access through the Services is at your own risk and that you will be solely responsible for any loss or damage or injury to any party arising therefrom. We may not control or have any duty to take action in respect of how you may interpret and use the Content or what actions you may take as a result of being exposed to the Content and, herein, You release us from all liability for the fact that you have acquired or not acquired Content through the Services.

You warrant, represent, and agree that you will not contribute to any Content or use the Services in any manner that (i) infringes or violates any third party’s intellectual property, proprietary rights, advertising or privacy rights or other rights; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, grieving, Defamatory, vulgar, obscene, slanderous or objectionable in any sense; (iv) Impersonate any person or entity, including, but not limited to, any person or representative of Rointe; (v) Containing a virus, Trojan horse, worm, time bomb, or other malicious computer code, file or program; (vi) compromise the security of your Rointe account or any other person’s account (such as allowing someone else to access the Services as you were; (vii) try in some way to obtain another user’s password, account, or other security information; (viii) violate the security of any computer network or obtain by hacking any password or security encryption code; (ix) run a distribution list, Listserv, or any other form of mail answering machine or “spam” on the Services or any process that otherwise interferes with the proper functioning of the Services (including placing an unacceptable burden on the Services infrastructure); (X) copy or store any part of the Content; or (xi) decompile, reverse engineer, or otherwise attempt to obtain the source code or ideas or information underlying or relating to the Services.

The data protection and privacy laws where you live may impose certain responsibilities on you and your use of the Products and Services. You agree that you (and not Rointe) are responsible for ensuring that you comply with applicable laws when you use the Products and Services, including but not limited to (i) laws relating to the recording or dissemination of video or audio content that includes third parties, or (ii) laws requiring third parties to be notified or consent to their

Limitations of the Rointe Services due to third parties

(A) General. The Rointe Services depend on or interact with third-party products and services. These third-party products and services are outside the control of Rointe, but their operation may impact or be affected by the use and reliability of the Rointe Services. You acknowledge and agree that: (i) the use and availability of the Services depends on suppliers of third party products and services, (ii) These third-party products and services may not operate reliably 100% of the time and may affect how the Rointe Services operate, And (iii) Rointe is not responsible for damages or losses due to the operation of these third party products and services.

Third-party service providers used by Rointe. You acknowledge that Rointe uses third-party service providers to enable some aspects of the Services, such as data storage, Synchronization and communication through Amazon Web Services and notifications to mobile devices through mobile carriers and mobile operating system providers. YOU AGREE NOT TO BE BOUND BY THE SERVICES FOR ANY PERSONAL SECURITY PURPOSE OR TIMES IN CRITICAL

Equipment, ISP and operator. You agree that the availability of the Services depends on (i) your computer, your mobile device, your home wiring, your home Wi-Fi network, Bluetooth connection, and other related equipment (“Equipment”), (ii) your Internet service provider (“ISP”) and (iii) your device’s cellular operator (“Operator”). You acknowledge that you are responsible for all charges charged by your ISP and the Operator in connection with your use of the You also acknowledge that you are responsible for compliance with all applicable agreements, terms of service, and other policies of your ISP and Operator.

Third-party products and services that work with the Work with Rointe Services. Rointe may provide you with the opportunity to connect the Products and Services with third-party products and services, for example, through the Works with Rointe Although the Works with Rointe platform is offered by Rointe, You acknowledge that the Third Party Products and Services you connect to your account are not Rointe products and services and you acknowledge and agree that Rointe does not control them and that these Terms do not apply to Third Party Products and Services. The use of Third Party Products and Services is governed by separate terms provided by the operators of Third Party Products and Services. You acknowledge and agree that Rointe does not represent or warrant the safety of any third party products or services. Therefore, Rointe is not responsible for your use of any third party products or services or for any personal injury, death, property damage (including, without limitation, your home) Or other damages or losses arising out of or related to your use of Third Party Products or Services. If you have questions about the Products and Services of a third party, you should contact the third party in question.

Application Stores. You acknowledge and agree that the availability of mobile apps depends on the third-party websites from which you download mobile apps, e.g. the Apple App Store or Google’s Android app market (Each “App Store”). You acknowledge that these Terms are between you and Rointe and not with an App Each App Store may have its own terms that you must accept before downloading the mobile apps from there. You agree to comply with these terms and your license to use Mobile Apps is conditional upon your compliance with the App Store terms. To the extent that the terms of such App Store are less restrictive or conflict with these Terms, the more restrictive or conflicting terms of these Terms apply.

Links and references to third party The Sites may contain links to other websites operated by third parties (“Third Party Sites”) and references to third party suppliers (“referred suppliers”). These Third Party Sites and referred suppliers are not under our control. Rointe provides these links and references only for its practicality and does not review, approve, monitor, endorse, warrant or make any representations with respect to those Third Party Sites or referred suppliers. Your use of these Third Party Sites is at your own risk.

Disclaimer of liability in respect of third parties. Rointe is not responsible for any third party or its products and services, including, but not limited to, Application Stores, Third Party Products and Services, Third Party Sites, Referring Suppliers, Equipment, ISPs and Rointe hereby disclaims liability and you release, release and release Rointe and its licensors and suppliers from any known or unknown future claims, liability and damages arising out of your interactions with third parties and their products and services, or relate to them.

Ownership and intellectual property

(A) Property of Rointe. You acknowledge that all intellectual property rights, including, but not limited to, copyrights, patents, Trademarks and brand secrets of the product, the Product Software and the Services (i.e. the Sites, Web Applications and Mobile Apps) are owned by Rointe or its affiliates or our licensors. Your possession, access, and use of the Product, the Product Software, and the Services do not transfer to you or any third party any rights, title, or interest in such intellectual property rights. Rointe and its affiliates, licensors and suppliers reserve all rights not granted in these Terms. Under these Terms, the Services are not sold to you but are licensed to you.

On your own initiative or at the invitation of Rointe, you may choose to submit comments, suggestions or ideas about the Products or Services, including how to improve the Products or Services (“Ideas”). By submitting ideas, you agree that your submissions are voluntary, free of charge, unsolicited and unrestricted and will not place Rointe under any fiduciary or other obligation. Rointe may use, copy, modify, publish or redistribute the shipment and its contents for any purpose and in any way, without compensation to you. You also agree that Rointe does not waive any right to use similar or related ideas previously known to Rointe, developed by its employees or obtained from other sources.

User submissions. You grant us a non-exclusive, worldwide, free, perpetual, irrevocable right, Sublicensable and transferable to access, display or otherwise use your User Submissions (including all related intellectual property rights) solely in connection with the provision of the Services to you and as directed by In addition, you grant and grant each user of the Services a non-exclusive license to access and use your user submissions through the Services, as permitted through the functionality of the Services and within the framework of these Terms. In addition, you understand that we retain the right to change the format, modify it, create derivative works, extract fragments and translate any User Submission you send. To clarify, the above license granted to Rointe does not affect your ownership or the right to grant additional licenses relating to the material in your user submissions, unless otherwise agreed in writing.

Indemnity

You agree to defend, indemnify and hold harmless Rointe and its licensors and suppliers for damages, liabilities, claims or claims (including legal fees and costs) made by a third party on or for the reason of (i) your use of the Products or Services, (ii) your failure to comply with these Terms, (iii) your User Submissions or Comments; or (iv) your failure to comply with any law or the rights of any third party. Rointe reserves the right, at its expense, to assume exclusive defense and control of any matter requiring you to indemnify Rointe, and you agree to cooperate with our defense of such claims. You agree not to establish a similar claim without the prior written consent of Rointe. Rointe will make reasonable efforts to notify you of any claim, action, or proceeding after making it known.

Warranty Exclusions

PRODUCT AND PRODUCT SOFTWARE WARRANTIES ARE SET FORTH IN THE LIMITED WARRANTY AND END USER LICENSE AGREEMENT, RESPECTIVELY.

THE SERVICES (I.E. THE SITES, WEB APPLICATIONS AND MOBILE APPLICATIONS) ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE” AND ROINTE AND ITS LICENSORS AND SUPPLIERS DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT.

NEITHER ROINTE OR OUR LICENSORS OR OUR SUPPLIERS WARRANT THAT DEFECTS ARE CORRECTED OR THAT THE SERVICES: (I) SATISFED TO ITS REQUIREMENTS; (II) ARE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER OR MOBILE DEVICE; (III) ARE AVAILABLE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (IV) ARE ACCURATE OR NO ADVICE OR INFORMATION, EITHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ROINTE OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY.

ROINTE DOES NOT PROMISE, GUARANTEE, OR ASSUME LIABILITY FOR ANY PRODUCT OR SERVICE ADVERCED OR OFFERED BY ANY THIRD PARTY OR IN CONNECTION WITH THE PRODUCTS OR SERVICES (INCLUDING BUT NOT LIMITED TO THIRD PARTY PRODUCTS OR SERVICES) OR ANY HYPERLINK WEB SITE OR SERVICE AND SHALL NOT BE PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY SUPPLIERS OF SUCH PRODUCTS AND SERVICES.

WHEN YOU INSTALL, CONFIGURE OR USE PRODUCTS AND SERVICES SUCH AS THOSE PROVIDED BY ROINTE, YOU ARE GIVEN THE OPPORTUNITY TO CHANGE THE DEFAULT PARAMETERS OR TO CHOOSE PARTICULAR SETTINGS. THE CHOICES YOU MAKE MAY CAUSE DAMAGE OR LEAD TO AN UNRECOMMENDED OPERATION OF YOUR CONNECTED EQUIPMENT OR YOU ASSUME ALL RESPONSIBILITY FOR SUCH DAMAGES WHEN YOU CHOOSE A PARTICULAR CONFIGURATION OR SET OR SET THE DEFAULT PARAMETERS.

ROINTE DOES NOT MANIFESTATE WITH RESPECT TO ANY CONTENT IN OR ACCESS THROUGH THE SERVICES OR WILL BE LIABLE FOR ACCURACY, COPYRIGHT COMPLIANCE, THE LEGALITY OR DECENCY OF THE MATERIAL CONTAINED IN OR ACCESSED THROUGH THE ROINTE DOES NOT EXPRESS OR WARRANT ANYTHING REGARDING SUGGESTIONS OR RECOMMENDATIONS FOR SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH THE SERVICES.

Limitation of Liability

Nothing in these Terms and, in particular, within this “limitation of liability” clause shall attempt to exclude responsibilities that cannot be excluded under the law in force. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE EXCLUSIONS OF WARRANTIES, IN NO EVENT SHALL ROINTE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF DATA OR PROFITS, WHETHER ARISING OUT OF OR RELATING TO THE PRODUCTS OR SERVICES, EVEN IF ROINTE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, OR (B) THE TOTAL LIABILITY ACCRUED TO ROINTE ARISING OUT OF OR RELATING TO THE SERVICES AND PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE VIA, YOU WILL EXCEED THE AMOUNTS YOU REALLY PAID TO ROINTE OR AN AUTHORIZED ROINTE DISTRIBUTOR FOR THE SERVICES OR PRODUCT IN QUESTION IN THE PREVIOUS 12 MONTHS (IF APPLICABLE). THIS LIMITATION IS CONSEQUENTIAL AND SHALL NOT INCREASE BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. ROINTE EXCLUDES ALL LIABILITY OF ANY KIND FROM THE LICENSORS AND SUPPLIERS OF ROINTE. UNDER NO CIRCUMSTANCES SHALL ROINTE BE LIABLE IN ANY KIND FOR ANY CONTENT, INCLUDING, INCLUDING, INCLUDING, INCLUDING, INCLUDING, INCLUDING, INCLUDING, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGES OF ANY KIND DAMAGE TO ANY CONTENT PUBLISHED, EMAIL, ACCESSED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES.

Fees and payment

Certain Services may be provided for a fee. You will pay all applicable fees in connection with the Services you select pursuant to the Terms of Sale.

Disputes and Arbitration

(A) Please contact Rointe first. If a controversy arises between you and Rointe, our goal is to find out about it and respond to your concerns. You agree that you will notify Rointe of any controversy you have with Rointe regarding these Terms or our Products or Services by contacting Rointe.

Binding arbitration. You and Rointe agree, subject to clause 11 (Protection of confidentiality and intellectual property rights), to submit any claim, controversy, action, cause of action, A problem or request for assistance arising out of or relating to these Terms or your use of the Services to binding arbitration rather than filing a lawsuit in any forum other than that set forth in this section. In addition, you agree that the arbitration is final and binding and is subject only to very limited review by a You also waive your right to any form of appeal, review, or remedy before any court or judicial authority, as long as such waiver is valid. This provision must be interpreted broadly to understand all disputes or claims arising out of or relating to your use of the Service. Subject to clause 11© (Protection of confidentiality and intellectual property rights), Any controversy or claim made by you against us or us against you arising out of or relating to these Terms or your use of the Services (whether under a contract, an agreement that is tort, by statute, fraud, falsehood or other legal principle) will be resolved by binding arbitration, unless you bring your claims to the conciliation court if you qualify for a hearing in that court.

Arbitration First, you must file any claims or disputes with us by contacting Rointe to give us the opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 60 days of filing the claim or dispute with Rointe. Rointe may request arbitration against you at any time after you have notified you of the claim or dispute pursuant to clause 11(f) (Notifications). Any arbitration will take place in Murcia, Murcia Region, Spain and will be conducted in Spanish. Claims will be handled by a single arbitrator. The arbitrator may not award compensation that exceeds or contradicts the provisions of this agreement, order the grouping or arbitration as a collective process or by representation, fix punitive or consequential damages or other damages beyond the actual damages of the winning party, or any other precautionary or declarative measure, unless the arbitrator individually fixes damages required by statute and orders a precautionary or declaratory measure in accordance with a prevailing consumer protection statute. Any arbitration shall be confidential and neither you nor Rointe nor the arbitrator shall disclose the existence, content or results of any arbitration, unless required by law or for the purpose of complying with or appealing the arbitral award. The arbitral award may be tried in any court with the appropriate jurisdiction. If a court determines that any part of this arbitration clause is inapplicable or void, the remainder will remain in effect.

Exclusion of collective judicial actions. There shall be no right or authority for any claim subject to this arbitration clause to be adjudicated in a collective or pooled judicial action or involving claims brought on alleged representation of the general public (including, but not limited to, a collective claim).

Charges and All administrative charges and expenses of the arbitration shall be divided equally between you and Rointe. Each Party shall bear the costs of its own counsel, experts, witnesses and the preparation and presentation of evidence at the arbitration hearing.

YOU MUST CONTACT ROINTE WITHIN FOURTEEN (14) CALENDAR DAYS OF THE DATE THE EVENT OCCURRED OR THE EVENTS THAT GIVE RISE TO THE DISPUTE. OTHERWISE, IT RENOUNCES THE RIGHT TO INITIATE ANY CLAIM FOR THE EVENT, THE FACTS OR THE DISPUTE.

General

(A) Changes to these Terms. Rointe reserves the right to make changes to these Terms. On this page, we will post notices of changes to these Terms. When using the Services, you must make sure that you have read and agree to our latest Terms and Conditions. If you continue to use the Services after notice of such changes, we will consider that you acknowledge those changes and agree to be subject to the modified Terms.

Applicable law. The courts of some countries will not apply the law of the Kingdom of Spain to some types of disputes. If you reside in one of those countries, where the application of the law of the Kingdom of Spain is excluded, the laws of your country will apply to disputes relating to these conditions. Otherwise, you agree to these Terms, and any claims, disputes, actions, causes of action, Problem or request for action arising out of or relating to these Terms or your use of the Products and Services shall be governed by the laws of the Kingdom of Spain, without application of the principles relating to conflicts of applicable law arising from the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state courts in Murcia, Region of Murcia, for the purpose of litigating such claims or disputes, unless such claims or disputes are required to be submitted to arbitration as set forth in a previous section.

Protection of confidentiality and intellectual property rights. Notwithstanding the foregoing, Rointe may request a precautionary measure or other compensation to protect your confidential information and intellectual property rights or to prevent loss of data or damage to your servers in any court of competent jurisdiction.

Full agreement and These Terms constitute the entire agreement between you and Rointe with respect to your use of the Services. If Rointe does not exercise or enforce any right or provision of these Terms, it shall not be deemed to waive such right or provision. The headings in the sections of these Terms are for practical purposes only and have no legal or contractual effect. If any provision of these Terms is considered, for any reason, invalid or unenforceable, the other provisions of these Terms shall be intact and the invalid or unenforceable provision shall be deemed to be modified to be valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party.

The obligations of Sections 3(d), 4, 6, 7, 8, 9, 11, and 13 will survive any expiration or cancellation of these conditions.

You may not assign or otherwise transfer these Terms and associated rights or obligations without the prior written consent of Rointe. Rointe may assign these Terms without restriction. These Terms are binding on any permitted assignee.

Rointe may send you notices by law, for marketing or other purposes by e-mail to the primary e-mail associated with your account, mobile notifications, hard copy or publication of such notice (at your choice) at www.rointe.com. Rointe is not responsible for any type of automatic filtering that you or your network provider apply to email notifications. Rointe recommends that you add @rointe.com email addresses to your email address book to help ensure you receive email notifications from Rointe.

(H) Information released. See address of Rointe here. Address: Plot 43, Industrial Polygon Vicente Antolinos, Santomera, 30140, Region of Murcia, Kingdom of Spain, or by phone at (+0034) 968 864 363.

(i) Copyright/Trademark Information. Copyright © 2015, Rointe , Inc. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Services are the property of Rointe or of their respective holders. You are not permitted to use any of the Marks without the applicable prior written consent of rointe or request respective holders. Rointe reserves the right to alter product and services offerings, specifications, and pricing at any time without notice, and is not responsible for typographical or graphical errors that may appear in this or in related documents.

Protection of personal data

The processing of personal data that is received or may be received in the future through web applications, mobile applications and/or services linked to it shall be in accordance with the principles and obligations set forth in the regulations. The processing of your personal data is defined in our Privacy Policy.

Statistics (E·Fficiency)

Consumption measurements have been carried out in assays carried out by independent laboratories under stable, controlled conditions and with a percentage of variability in the result. The value displayed in the measurement may differ depending on conditions such as network status or other values. Rointe is not responsible for these variations affecting the outcome. To ensure a correct measurement, there must be a connection to the internet and the mains at all times, since a simple disconnection, however minimal it may be, can lead to erroneous results.