These terms and conditions govern the Simply Smart Home Inc. (Simply Smart”, “we”, “us” and “our”) for in-home visit and installation of a Google Home Mini (the “Product”) at your home (the “Property”) .
These terms and conditions are subject to change at any time without prior notice. The program is available while 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 install a Product(s). (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.
2. In-Home Visit And Product(s) Installation
You authorize a representative of Simply Smart to enter your Property, during reasonable hours and upon prior notice to and consent by you. Product(s) installation and set-up requires a Wi-Fi network, Wi-Fi network password, a nearby electrical socket and a compatible mobile device to be available during the in-home visit.
3. Use of Product(s)
You are responsible for the use of the Product(s) in accordance with the manufacturer’s specifications and the Product(s)’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 Product(s).
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 Product(s) or its manufacturer, or with respect to the 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 Product(s).
If the Product(s) 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 Product(s) (or any deficient part thereof) or remove the Product(s) from your Property.
4. Force Majeure.
Simply Smart shall not be liable for delays or failure to install the Product(s) 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 Product(s) on your scheduled installation date.
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 Product(s) once installed, including if you choose to register for the Nest mobile application on any device(s) connected to the Product(s).
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 visit or the installation and use of the Product(s), 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.