Website Terms & Conditions
By accessing or using www.smarterhomesolutions.co.za or any associated blogs, websites, applications, or platforms (collectively referred to as “the Website”), which are owned by Smarter Homes Solutions (Pty) Ltd. (reg: 2014/085859/07) (“Smarter Homes”), or any of its Services, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions outlined here (“Terms”), along with any additional Smarter Homes terms applicable to you and the Services you utilize. All rights to the content of the Website are expressly reserved by Smarter Homes.
Please pay attention to all sections of the Smarter Homes Terms, as some clauses may limit the risk or liability of Smarter Homes, imply an assumption of risk or liability by you, impose an obligation on you to indemnify Smarter Homes, or serve as an acknowledgment of facts by you.
• It is crucial to read these Terms carefully before accessing or using the Website or Services. Smarter Homes will assume that you have read and understood the Terms if you continue to access or use the Website.
• You are also encouraged to review our additional policies, including the Refund & Returns Policy and Shipping Policy.
Important notes:
• The terms “user”, “you”, and “your” are used interchangeably and refer to anyone accessing the Website or using the Services for any reason. “Us”, “our”, and “we” refer to Smarter Homes and its affiliates.
• Not all terms are necessarily defined in order.
1. INTRODUCTION TO THE WEBSITE AND SERVICES
1.1 Smarter Homes provides an online platform offering a variety of services, including information about our products, product purchases, details on our Reseller Programme, and access to multimedia content and blogs (collectively, “Services”).
1.2 These Terms govern how users may interact with the Website and outline the conditions applicable to any Services offered by Smarter Homes. Depending on the specific Services used, additional agreements may be required, detailing further conditions and fees.
1.3 The Website and these Terms are subject to change without notice. Any updates will take effect once posted on the Website, and continued use of the Website indicates acceptance of these changes. Users are responsible for reviewing the Terms periodically.
1.4 Resellers may create profiles to access certain features, while general users can explore the Website without a profile.
1.5 Users will be charged for Products purchased (“Price”), which will be clearly communicated on the Website or via an invoice before the fee is incurred, or in any additional Service-specific agreement.
1.6 Unauthorized use of the Website may result in legal action.
2. RELATIONSHIP BETWEEN THE PARTIES
2.1 Smarter Homes does not act as an agent, intermediary, advisor, or broker for any user. The use of the Website or Services is at the user’s own risk and discretion.
2.2 When purchasing Products via the Website, Smarter Homes acts as the “seller,” and the user as the “buyer” under applicable consumer laws.
2.3 Smarter Homes does not provide regulated financial, advisory, medical, banking, or payment services and is not overseen by any regulatory authority other than general consumer rights protections in South Africa.
3. PAYMENT FOR SMARTER HOMES PRODUCTS
3.1 Use of the Website is generally free, but specific Services, such as purchasing Products, will incur a fee, which will be clearly stated on order confirmation.
3.2 For more detailed payment-related information, please contact info@smarterhomesolutions.co.za.
3.3 Users can access a record of their transactions by emailing info@smarterhomes.co.za or visiting the Website.
3.4 Prices listed are exclusive of VAT, delivery fees, and other applicable taxes unless stated otherwise. Additional fees will be indicated on invoices/quotes.
4. ADDITIONAL CONDITIONS FOR SMARTER HOMES SERVICES
4.1 Below are specific conditions and rights related to Smarter Homes Services.
4.1.1 Sale and Purchase of Products
4.1.1.1 Users are responsible for ensuring the suitability of Products and Services for their intended use.
4.1.1.2 Registered users can place orders on the Website, subject to acceptance by Smarter Homes based on availability and payment.
4.1.1.3 By placing an order, users confirm that the tax invoice accurately reflects the ordered Products or Services, and that upon delivery, they meet the required standards.
4.1.1.4 All orders are subject to these Terms, and only written orders will be accepted, though Smarter Homes may choose to accept telephonic orders at its discretion.
4.1.1.5 Delivery times are estimates, and Smarter Homes will not be liable for any losses resulting from delays.
4.1.2 Delivery Conditions
4.1.2.1 For delivery-related terms, please refer to our Shipping Policy.
4.1.2.2 Additional conditions apply, such as the responsibility for the risk of Products transferring to the user upon delivery.
4.1.3 Refunds and Repairs
4.1.3.1 For return policies, see our Refunds and Returns Policy.
4.1.3.2 Additional considerations apply for repairs and warranties, including liability limited to repair or replacement costs.
Should you have any queries or require further clarification, please refer to the specific policies outlined on the Website.
5. USER RESPONSIBILITIES AND WARRANTIES
5.1 By using the Website and/or Services, you represent and warrant that:
5.1.1 You have read, understood, and agree to these Terms, and will use the Website and Services in accordance with them;
5.1.2 All information provided during registration about yourself, your company, and/or your status is accurate, truthful, and complete;
5.1.3 You are at least 18 years old and possess the legal capacity to understand, agree to, and be bound by these Terms;
5.1.4 You lawfully own and provide all information submitted to the Website and/or Smarter Homes for its use or the provision of Services;
5.1.5 You will not send unsolicited electronic communications or use any software, routine, or device to interfere, or attempt to interfere, electronically or manually with the Website’s operation or functionality, including uploading files with corrupt data, viruses, or otherwise altering or defacing the Website’s design or software code;
5.1.6 You will not post, upload, replicate, or transmit any offensive content on the Website that could reasonably be deemed threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, or in violation of privacy, or otherwise prevent other users from properly using the Website;
5.1.7 You will not infringe the intellectual property or other rights of any third party or the Website, nor transmit content you do not own or have the right to publish or distribute;
5.1.8 You will not use the Website for any commercial purposes unless explicitly authorized by Smarter Homes;
5.1.9 You will not use the Website to violate any law or regulation or engage in illegal activities, including but not limited to money laundering or financial crimes;
5.1.10 You will not assist any third party in performing any of the above actions.
5.1.11 Any violation of these Terms will be considered a material breach, allowing Smarter Homes to take appropriate legal actions, including reporting you to authorities, restricting your access to the Website and Services, and/or seeking contractual or consequential damages.
5.2 The Website is only accessible via compatible devices connected to the internet. It is your responsibility to obtain such devices and any necessary data network access. You are also responsible for any data and messaging rates or fees that may apply from your network provider.
5.3 Smarter Homes does not guarantee that the Website, or any part of it, will function on specific hardware or devices.
5.4 Without prejudice to any other rights Smarter Homes may have, Smarter Homes reserves the right to deny you access to the Website or Services if it reasonably believes you are in breach of these Terms.
6. RECEIPT AND TRANSMISSION OF DATA MESSAGES
6.1 Data messages (including emails) sent by you to Smarter Homes will only be considered received once acknowledged or responded to by Smarter Homes.
6.2 Data messages sent by Smarter Homes to you are considered received when they enter your designated information system and can be retrieved and processed.
6.3 Smarter Homes reserves the right not to respond to emails or messages containing obscene, threatening, defamatory, or otherwise illegal content, and to take necessary action against the sender.
6.4 Messages sent over the internet are not guaranteed to be secure and may be intercepted or corrupted. Smarter Homes is not responsible for the accuracy or security of any messages sent over the internet, whether from Smarter Homes to a user, between users, or from a user to Smarter Homes.
7. ADVERTISING AND SPONSORSHIP
7.1 The Website may contain advertisements and sponsorships. Advertisers and sponsors are responsible for ensuring their material complies with all applicable laws and regulations.
7.2 Smarter Homes, its shareholders, employees, suppliers, partners, affiliates, and agents exclude any liability for errors or inaccuracies in advertising or sponsorship content, to the maximum extent permitted by law.
8. DISCLAIMERS AND WARRANTIES
8.1 The Website and Services, including any intellectual property therein, are provided “as is” and “as available.” Smarter Homes makes no express or implied warranties, including but not limited to the accuracy or suitability of the Website, Services, or any information contained within them.
8.2 All content, blogs, articles, or opinions shared on the Website represent the views of the authors and not Smarter Homes. While Smarter Homes makes every reasonable effort to ensure the accuracy and reliability of information on the Website, it does not endorse or guarantee the completeness of this information.
8.3 Smarter Homes and its affiliates accept no liability for any direct, indirect, or consequential loss or damages resulting from the use of the Website, its Services, or the information provided.
8.4 Smarter Homes takes reasonable security measures to protect the Website, but cannot guarantee uninterrupted or error-free access or that the Website will be free from viruses or harmful components. Use of the Website remains at your own risk, and you should take necessary precautions.
9. INDEMNITIES
9.1 You agree to indemnify and hold harmless Smarter Homes, its shareholders, employees, and partners from any claims, actions, or proceedings arising from your use of the Website, Services, or Products offered, including attorney fees and related costs.
9.2 You will indemnify and defend Smarter Homes against any loss, liability, claim, or expense resulting from your breach of these Terms.
9.3 This indemnity clause will survive the termination of this agreement.
10. TERMINATION OF USE OF WEBSITE OR SERVICES
10.1 Smarter Homes reserves the right to terminate your profile and access to the Website or Services if you breach these Terms or for any other reason, provided reasonable notice is given.
10.2 You may terminate your agreement with Smarter Homes by emailing info@smarterhomesolutions.co.za, resulting in deregistration from the Website. However, your legal obligations will remain intact, such as any payments due for ordered Products.
10.3 Upon cancellation, Smarter Homes will deactivate your profile and remove you from the Website.
10.4 Upon cancellation, you will be liable for:
10.4.1 The difference between the selling price and the value of repossessed Products; and
10.4.2 All other costs incurred in the repossession process. The valuation of repossessed Products will be determined by a sworn valuator and considered prima facie proof of their value.
11. GENERAL
11.1 This document constitutes the entire agreement between the parties. No amendment or variation will be effective unless in writing and signed by all parties or their authorized representatives.
11.2 Any order may be cancelled by Smarter Homes due to force majeure, such as labour shortages, acts of God, war, strikes, or other events beyond Smarter Homes’ control.
11.3 Any indulgence or leniency granted by Smarter Homes does not constitute a waiver of its rights under these Terms.
11.4 Words in the singular include the plural and vice versa. References to one gender include all genders. References to persons include partnerships, trusts, and corporations.
11.5 The paragraph headings are for reference purposes only and do not affect the interpretation of these Terms.
11.6 For any complaints or queries, contact Smarter Homes at info@smarterhomesolutions.co.za.
11.7 Each provision of these Terms is severable. If any part is deemed invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.