Thank you for using SMARTHOMELIVING! These terms of use ("terms") contain the rules and restrictions that govern your use of our applications, products, services and websites ("services"). These terms form a binding agreement between you and us. By completing the registration process and/or browsing the services, you represent that (1) you have read, understand and agree to be bound by the terms; (2) you are of legal age to form a binding contract with us; (3) you have the authority to enter into the terms personally; and (4) if you are using the services on behalf of a company or other entity, (a) you agree that “you” includes you and that entity, (b) you are an authorized representative of the entity with the authority to bind the entity to these terms, and (c) you agree to these terms on the entity’s behalf. You should not access or use the services unless you agree to be bound by all of these terms.

1. Overview
1.1 these terms are between you and SMARTHOMELIVING., a South African  company.
1.2 SMARTHOMELIVING. Is referred to in these terms and policies (as defined below) as "we" or "us,". For purposes of these terms and policies, we also refer to:

• Our website and mobile apps, which may offer features, products, services or content, including exchanges of information, as “SMARTHOMELIVING” or “our app”;

• End users, including visitors to SMARTHOMELIVING and those who use SMARTHOMELIVING to purchase products as “you.”

1.3 we and our affiliates provide technical and operational support for our app. You may pay for multiple orders in one transaction on SMARTHOMELIVING. Multiple orders may be delivered together in one package.
1.4 your use of, and participation in, certain services are also subject to additional policies we may publish from time to time (“policies”), including our privacy policy and our cookie and similar technologies policy. If the terms are inconsistent with the policies, the policies shall control with respect to the relevant subject matter.
1.5 please be aware that section 19 below contains provisions governing how disputes between you and us will be resolved, including without limitation, any disputes that arose or were asserted prior to the effective date of the terms. Section 19 contains, among other things, an agreement to arbitrate which requires, with limited exceptions, that all disputes between you and us be resolved by binding and final arbitration. Unless you opt out of the agreement to arbitrate within 30 days of the effective date of the agreement: (1) you and we will only be permitted to pursue disputes or claims and seek relief against the other party on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and each of us waives our right to participate in a class action lawsuit or class-wide arbitration; and (2) each of us is waiving our right to pursue disputes or claims and seek relief in a court of law and to have a jury trial. In some countries you may have additional rights and/or elements of the arbitration agreement may not apply to you as required by law.
1.6 please note that these terms are subject to change by us in our sole discretion at any time. When changes are made, we will publish a copy of the current terms and any updated policies available on SMARTHOMELIVING, and we will also update the “last updated” date at the top of the terms. We encourage you to periodically review terms and policies for the latest version. Unless otherwise stated in such update, any changes to the terms will be effective immediately for users of the services without an account and thirty (30) days after posting for users with accounts. We may require you to provide consent to the updated terms in a specified manner before further use of the services is permitted. If you do not agree to any change(s) after receiving notice of such change(s), you shall stop using the services. Otherwise, your continued use of the services constitutes your acceptance of such change(s). Please regularly check the website or application to view the then-current terms.

2. User requirements and registration
2.1 to use the services, you represent that you are at least eighteen (18) years old and of legal age to form a binding contract. Minors under 18 and at least 13 years of age are only permitted to use our services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use SMARTHOMELIVING or the services. Products for children’s use may be sold on SMARTHOMELIVING. However, these products are intended for sale to adults. Certain products may be intended for individuals of certain ages or "mature audiences" only. By ordering such products, you certify that you are old enough to view, use, own, or receive them. We are not responsible for third-party content that you may find offensive, indecent, or objectionable.
2.2 you may not use the services if: (a) you cannot enter into a binding contract with us; (b) you are located in a country embargoed by your country of residence or other relevant country; (c) you are on any agency list of prohibited persons or entities, such as the U.S. treasury department's list of specially designated nationals; or (d) you are banned from using the services by us, in our sole discretion.
To access or use some of our services, you may be required to create an account with us. When creating your account on SMARTHOMELIVING (“account”), you agree to provide true, accurate, complete, and updated information about yourself, including contact details. You are responsible for keeping your registration information with us up to date. You are responsible for all activities that occur under your account. You agree that you shall monitor your account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the services by minors. You may not select as your user name a name that you don't have the right to use, or another person's name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You agree not to create an account or use the services if you have been permanently banned from any of the services. You may not share your account or password with anyone, and you agree to notify us immediately of any unauthorized use of your password or any other breach of security and to exit from your account at the end of each session.
2.4 you may also register an account by connecting through a social networking service (“sns”) account and its credentials (an “sns account”). If you access the services through a sns as part of the functionality of the services, you may link your account with sns accounts by allowing us to access your sns account, as is permitted under the applicable terms and conditions that govern your SNS account. You represent that you are entitled to grant us access to your sns account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your sns account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such sns. By granting us access to any sns accounts, you understand that we may access, make available and store (if applicable) any content (as defined below) that you have provided to and stored in your sns account (“sns content”) so that it is available on and through the services via your account. Unless otherwise specified in the agreement, all sns content shall be considered to be user submissions for all purposes of the terms. Depending on the sns accounts you choose and subject to the privacy settings that you have set in such sns accounts, personal information that you post to your sns accounts may be available on and through your account on the services. Please note that if a sns account or associated service becomes unavailable, or our access to such sns account is terminated by the sns, then sns content will no longer be available on and through the services. You have the ability to disable the connection between your account and your sns accounts at any time by accessing the “settings” section of the services. Please note that your relationship with the sns providers associated with your sns accounts is governed solely by your agreement(s) with such sns providers, and we disclaim any liability for personal information that may be provided to us by such sns providers in violation of the privacy settings that you have set in such sns accounts. We make no effort to review any sns content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and we are not responsible for any sns content.
 
3.Rules and restrictions
3.1 you agree to use the services for your own use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with these terms, the policies, and all laws and regulations applicable to you. If your use of the services is prohibited by any applicable laws, then you are not authorized to use the services. We are not responsible if you use the services in a way that breaks the law.
3.2 you are responsible for all activity associated with your account. Therefore, you must protect the security of your account and password and not share them with any third party. You must notify us immediately of any unauthorized use or security breach of your account.
3.3 you must not create multiple accounts.
3.4 any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, "promotions") made available through the services may be governed by separate rules. If the rules for a promotion conflict with these terms, the promotion rules will govern.
3.5 when using the services, you agree and undertake not to take any action or make available any user submissions through the services that may:
(1) infringe or violate another person’s rights, including intellectual property rights;
(2) violate any of these terms, the policies, or applicable laws and regulations;
(3) engage in any unlawful, harmful, abusive, misleading, false, fraudulent, deceptive, threatening, harassing, defamatory, libellous, pornographic, obscene, profane or otherwise objectionable or discriminatory conduct;
(4) circumvent or attempt to circumvent any of these terms, the policies or other rules relating to the services including the promotions;
(5) constitute unauthorized or unsolicited advertising, or junk or bulk email;
(6) collect personal data from other users or use any such information collected from the services;
(7) engage in any conduct that is likely to cause a security breach of your account;
(8) obtain another user’s password, account, or other security information;
(9) use a third party's credentials, conceal your true ip address, or otherwise impersonate or misrepresent your identity or your affiliation with any person or entity;
(10) violate or interfere with the proper functioning or security of any computer network;
(11) run any form of auto-responder or "spam" on the services, any process that runs or is activated while you are not logged into the services, or any process that otherwise interferes with the proper functioning of the services (including by placing an unreasonable load on the services' infrastructure through overloading, “flooding,” “mail bombing” or crashing the services);
(12) potentially harm the services, including but not limited to the violation of any security features of the services, use of manual or automated software or other means to access, "crawl," "scrape," or "spider" any page, data, or portion of or relating to the services or the introduction of viruses, worms or similar harmful code into the services;
(13) copy or store any significant portion of the content on the services without written consent from us;
(14) decompile, reverse engineer, or otherwise obtain the source code or underlying ideas or information of or relating to the services;
(15) buy any products which you are not legally allowed to purchase or use;
(16) abuse any promotions, discounts, or other benefits offered by us, or manipulate the price of any listed products or interfere with listings; or
(17) attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this list.
In addition to any other remedies available to us, a violation of any of the foregoing is grounds for:
(1) removal or refusal to post any user submission for any or no reason in our sole discretion;
(2) cancellation of your purchases of products;
(3) cancellation of rewards or payments due from us; and/or
(4) suspension or termination of your access or use the services.
If we become aware of any possible violations by you of the terms, we reserve the right to investigate such violations. If, as a result of the investigation, we believe that criminal activity has occurred, we reserve the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. We are entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the services, including user submissions, in our possession in connection with your use of the services, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce the terms and policies, (iii) respond to any claims that a user submission violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of us, our users or the public, and all enforcement or other government officials, as we in our sole discretion believe to be necessary or appropriate.
 
4. Privacy
4.1 our privacy policy provides information about how we collect, use, and disclose your personal information when you access, visit or use the services. In connection with your use of the services, you acknowledge and agree that we may collect, access, use, preserve and disclose your personal information (including your account and user information) as described in our privacy policy and our cookie and similar technologies policy. The privacy policy is part of and is governed by these terms and by agreeing to these terms, you agree to be bound by the terms of the privacy policy and cookie and similar technologies policy.
 
5. Communications
5.1 you consent to receive communications from us electronically, such as emails, texts, mobile push notices, and notices and messages on or through the services (“push messages”), and where required by law, we will obtain your opt-in consent to deliver such push messages. You acknowledge that, when you use the app, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with push messages. Please check with your wireless service provider to determine what fees apply to your access to and use of the services, including your receipt of push messages from us. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the services on your mobile device, including for your receipt of push messages. You also acknowledge and agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that we provide to you electronically constitute and shall have the same legal effect as “in writing.” The foregoing does not affect your statutory rights, including but not limited to the electronic signatures in global and national commerce act at 15 u.s.c. §7001 et seq. (“e-sign”).
5.2 you agree that we may communicate with you at any email address or telephone number that you provide us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; (vi) notify you regarding order, payment and delivery updates; (vii) send you authentication texts; or (viii) as otherwise necessary to service your account or enforce these terms, the policies, applicable laws and regulations, or any other agreement we may have with you. Standard text messaging charges applied by your cell phone carrier will apply to text messages that we send.
5.3 if you would like to receive our marketing materials via mobile texts and alerts, you may sign up to do so. By signing up, you acknowledge that we may send you promotional messages or other mobile messages from or on behalf of us, including one-time passcodes, notifications regarding your orders, our promotional messages, and abandoned cart reminders (enabled by using cookies we collect as described in these terms) at the mobile number you provide us. Opting in for a program does not entail automatic opt-in for another. Message frequency varies and carriers are not liable for any delays or undelivered messages. Message and data rates may apply. You acknowledge that you are not required to consent to receive marketing texts as a condition of using the services. If you wish to opt out of sms texts from us, you can reply stop to the corresponding number from your mobile device receiving the messages. However, you acknowledge that opting out of receiving texts may impact your use of the services. If you would like to resume the subscription, reply unstop to the corresponding number. We will not share your consent, opt-in and opt-out records with any third parties other than text messaging service providers and aggregators. You may also reply “help” for assistance. For further assistance, please contact us (1) if you are using a SMARTHOMELIVING website, at the appropriate email address on the “contact us” page linked in the website footer, and (2) if you are using a SMARTHOMELIVING application, through the “customer support” section in the “you” menu at the bottom of the home page.
5.4 if you wish to opt out of marketing emails, you can unsubscribe from our marketing email list by following the unsubscribe options in the marketing email itself.
5.5 our communications with you may be through a third-party service provider. You acknowledge and consent that, subject to our privacy policy, your communications with us, our agents may be recorded, monitored and stored for quality control and training purposes, or to protect your and our interests.
 
6. User submissions
6.1 “user submission” means anything posted, uploaded, shared, submitted, stored, or otherwise provided by you through the services, including suggestions, comments, reviews, ratings, photos, videos, or other feedback or materials, and may be viewable by other users. Any user submission posted by you in your account may not contain nudity, violence, sexually explicit, or offensive subject matter as determined by us in our sole discretion.
6.2 for all user submissions, you grant us a fully-paid, royalty-free, perpetual, irrevocable, non-exclusive, transferable, sublicensable, worldwide right (including any moral rights) and license to use, license, store, display, reproduce, save, modify (e.g. To make sure the user submission is viewable on different systems and devices), create derivative works, publicly perform, publicly display, distribute, translate, or otherwise act with respect to such user submissions as we determine is necessary to operate, market, and advertise the services, including to present, display, or perform such user submissions in accordance with your preferences.