Limitations of the Service due to reliance on third parties
The Service relies on certain third-party providers. For example, we rely on mobile operating system vendors and mobile carriers to enable mobile device notifications through the Service. These third-party providers are not our subcontractors, are beyond our control and their services may not operate in a reliable manner or be available 100% of the time. ResMed is not responsible for any damages and losses due to the operation of these third-party providers.
You further acknowledge that you are responsible for all fees charged by your ISP and carrier in connection with your access to and use of the Service. You also acknowledge that you are responsible for compliance with all applicable agreements, terms of use/service and other policies of your ISP and carrier.
These provisions will only apply if the App is available in your country. You acknowledge and agree that the availability of the Apps is dependent on the third-party web services from which you download the Apps, for example, the Android™ app market from Google™ or the App Store from Apple® (each an App Store). You acknowledge that these Terms of Use are between you and ResMed and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Apps from that App Store. Your license to use the Apps is conditioned upon your compliance with such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Use, the more restrictive or conflicting terms and conditions in these Terms of Use apply.