1. Introduction
These terms and conditions govern the Simply Smart Home Inc. (Simply Smart”, “we”, “us” and “our”) smart home program (the “Program”) for the smart home product in-home consultation and installation of a Nest E Thermostat (the “Nest Product”) at your home (the “Property”) at no cost to you.
The Nest Product is available on a first-come, first-serve basis. Only one (1) Nest Product per primary residence will be installed.
These terms and conditions are subject to change at any time without prior notice. The Program is available while Nest Products last and Simply Smart may terminate the Program at any time in its sole discretion. This website may be terminated at any time in our sole discretion and we will not be liable if for any reason all or any part of the website is unavailable at any time or for any period.
To participate in the Program:
(i) you must be the legal age of majority in your province or territory of residence; (ii) you must be the lawful homeowner of a single detached, semi-detached or townhouse; and (iii) you must allow a representative of Simply Smart to come to your Property, during reasonable hours and upon prior notice to and consent by you, to perform the smart home consultation and install the Nest Product; (iv) you must have an active Enbridge account.
You acknowledge and agree that your participation in the Program is based on your assessment of the Program and is not based on any reliance on anticipated or projected results.
Please read these terms and conditions carefully. By using this website, registering for the Program and clicking below to accept these terms and conditions, you confirm your consent to, and agree to comply with and be bound by, these terms and conditions and our Privacy Policy and you represent and warrant that you meet all of the foregoing eligibility requirements for the Program.
2. In-Home Consultation and Installation
You authorize a representative of Simply Smart to enter your Property, during reasonable hours and upon prior notice to and consent by you, for the purposes of: (i) the installation of the Nest Product at your Property; and (ii) the performance of an in-home smart home consultation, which will be a survey to assess solutions for your Property.
The smart home consultation will be performed in a prompt and timely manner by a Simply Smart representative. Information collected by us at the consultation will be used for future marketing purposes in accordance with our Privacy Policy.
Your Property must be in suitable condition for the installation of the Nest Product, as such condition shall be determined by Simply Smart at its sole discretion in accordance with applicable standards and requirements for the installation of equipment of similar type. Specifically, Nest Thermostat E installations require proper wiring conditions. Should these conditions not be met during the initial appointment, Simply Smart is not obligated to attend again. Furthermore, Nest Thermostat E is only compatible with single stage system fans. Variable speed fans, high voltage forced air systems with fans, and proprietary systems with fan are not compatible with the Nest Thermostat E. This offer is only available to homes with proper 5 wire conditions or a common wire maker can be installed for an additional charge of $150.00.
Following the consultation, we will install the Nest Product at your Property. You acknowledge that you may be required to execute additional documents in order for Simply Smart to complete the installation of the Nest Product at your Property.
3. Use of Nest Product
You are responsible for the use of the Nest Product in accordance with the manufacturer’s specifications and the Nest Product’s intended purpose. You understand that any improper use may result in injury or damage. Simply Smart is not the manufacturer and is not responsible for any warranties or service in respect of the Nest Product.
Except as expressly set forth in these term and conditions, Simply Smart makes no representation or warranty, either written or oral, express or implied, statutory or otherwise, with respect to the Nest Product or its manufacturer, or with respect to the Nest Product’s adequacy, safety, workmanship, quality, legal compliance, fitness, accuracy, or suitability for any purpose, and to the extent permitted by applicable law, Simply Smart shall not be liable for any loss or damage arising from the installation or use of the Nest Product.
If the Nest Product does not operate as indicated by the manufacturer or is unsatisfactory for any reason, you shall have no recourse against Simply Smart and Simply Smart shall have no obligation to replace the Nest Product (or any deficient part thereof) or remove the Nest Product from your Property.
4. Force Majeure.
Simply Smart shall not be liable for delays or failure to install the Nest Product or perform any obligations hereunder in the event of causes beyond Simply Smart’s control, whether or not such causes are provided for specifically herein, provided however that Simply Smart will notify you as soon as reasonably possible in the event of any delay in the installation of the Nest Product on your scheduled installation date.
5. Privacy.
Simply Smart is committed to protecting the personal information in its custody or control in accordance with applicable privacy laws. You may access or obtain a copy of Simply Smart’s Privacy Policy, which describes how we may collect, use and disclose information.
You acknowledge and agree that you will be required to agree to separate terms and conditions and privacy policies relating to the operation of your Nest Product once installed, including if you choose to register for the Nest mobile application on any device(s) connected to the Nest Product.
6. Indemnification.
You agree to defend, indemnify and hold harmless Simply Smart, its subsidiaries, affiliates, successors or assigns and their respective directors, officers, shareholders, employees, service providers, agents, and representatives (the “Indemnitees”) from all claims, demands, losses, liabilities, costs, expenses, obligations and damages,
including reasonable legal fees, arising from or related to the in-home smart home consultation or the installation and use of the Nest Product, whether such use is in accordance with the manufacturer’s instructions or otherwise, and, to the extent permitted by applicable law, you hereby release the Indemnitees of, from and against any of the foregoing. This indemnification shall survive the termination of these terms and conditions and of the Program.
7. Governing Law.
Except to the extent that the laws of the province or territory in which you reside require that the laws of such province or territory apply to these terms and conditions and the Program offered herein, this website and these terms and conditions shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule.
