HomiSmart - Terms & Conditions (last updated: December 30, 2015)

Welcome to Homismart internet site, software and application, owned and operated by HomiSmart ltd. ("HomiSmart").

You may visit or shop at HomiSmart's internet site (www.homismart.com) (the "Site"), use HomiSmart's products or services, use HomiSmart's applications for mobile, or use software provided by HomiSmart in connection with any of the foregoing (collectively, "HomiSmart Services"). Any use of any HomiSmart Service is subject to these terms and conditions.

By using HomiSmart Services, you agree to these conditions. Please read them carefully. If you do not agree with any of these terms and conditions, please do not use any of HomiSmart Services.

These Terms & Conditions are an electronic record in the form of an electronic contract formed under US Information Technology Act, 2000 and rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes as amended by the Information Technology Act, 2000. These Terms & Conditions does not require any physical, electronic or digital signature.

HomiSmart offers a range of devices and services. Sometimes additional and/or different terms may apply to a certain device or service ("Service Terms"). If these Terms & Conditions are inconsistent with the Service Terms, thee Service Terms will prevail.

Only a natural person age 18 years or older can create accounts and consume the Homismart Services. A person under 18 years old may use an account created by a parent or legal guardian, under the permission and liability of such parent or legal guardian.

The HomiSmart Services are available only in the indicated countries as it may posted and updated in the app stores and HomiSmart website from time to time.

Use of the HomiSmart Services requires compatible HomiSmart devices, Internet access, and app (fees may apply); It also may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use. The latest version of HomiSmart app and software is recommended to access the HomiSmart Services and may be required for certain transactions or features. You agree that meeting these requirements, which may change from time to time, is your responsibility. The HomiSmart Services are not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the HomiSmart Services.

HomiSmart may modify these Terms & Conditions from time to time and such modifications shall be effective upon posting on the Site. You agree to be bound by any changes to these Terms & Conditions when you use the HomiSmart Services after any such modification is posted. It is therefore important that you review these Terms & Conditions regularly to ensure you are updated as to any changes. Notice of changes will appear as indicated at the top of this page in accordance with the posted “last updated”.

Your failure to follow these Terms & Conditions, may result in suspension or termination of your access to HomiSmart Services, without notice, in addition to our other remedies. Homismart reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of HomiSmart Services at any time, for any reason, with or without prior notice, and without liability.

Registration and Your Account

In order to use HomiSmart Service (or part of them) you are required to register in advance and create an account. For this purpose, you will be asked to submit certain information including (but not limited to) your real name, your user name, your e-mail address. You may also be required to provide other information, part of it personal (such as date of birth, gender, credit card details and a personal password to be selected).
We may also collect other data from you and/or from your use of the HomiSmart Services (such as identifying specifications of the device you used to connect to HomiSmart Services, which products you have purchased from HomiSmart and your history of use of HomiSmart services).
Any data you will provide us and/or that will be collected by HomiSmart shall be collected, stored and used in accordance with HomiSmartPrivacy Policy, published at _www.homismart.com_.
You hereby represent and declare that all details provided by you on registration or afterwards will be true, authentic and valid. You will promptly notify HomiSmart if any of the details you have provided ceased of being true, authentic and valid.
If required, you agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details for availing HomiSmart Services. You shall not use the credit/debit card or pre-paid payment instrument which is not lawfully owned by you.
You are aware that knowingly providing false details is a violation of the law. HomiSmart shall be permitted to take any legal actions which are available to it against a user who provides false details including submitting the courts with a legal claim for any direct or indirect damages, which shall be caused to the HomiSmart and/or to anyone on its behalf.
Use of another user's Account Information for availing the HomiSmart Services is expressly prohibited.
As a registered user of the HomiSmart Services, you may establish an account ("Account"). Do not reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account details and for all activities that occur on or through your Account, and you agree to immediately notify HomiSmart of any security breach of your Account. HomiSmart shall not be responsible for any damages and/or losses arising out of an unauthorized use of your Account. You agree to provide accurate and complete information when you register with, and as you use, the HomiSmart Services.
Without derogating of the aforementioned you are responsible to change your password at a frequency of at least once a month.
HomiSmart shall be permitted, at its exclusive discretion, to refuse and/or to cancel the registration of a user according to its sole discretion, and, including (but not limited to) any of the following events:

The user has breached these Terms & Conditions.
The user has provided false details when registering or afterwards.
The user’s credit card has been blocked and/or cancelled.
In any other case which the Company deems appropriate.

Presently, Homismart charge a payment or fee for certain HomiSmart Services while other are offered free of charge. HomiSmart reserves the right to stop and/or begin and/or modify charging of any HomiSmart Service. You agree to pay any such fees, as may be applicable to the HomiSmart Services that you consume.

Use of HomiSmart Services

You agree to use the HomiSmart Services only for purposes that are permitted by: (a) these Terms & Conditions; and (b) any applicable law.
You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues) that your access on the Site.
You agree not to access (or attempt to access) the Site or any other HomiSmart Service by any means other than through the interfaces that are provided by HomiSmart. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the HomiSmart Services, or in any way reproduce or circumvent the navigational structure or presentation of the Site, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Site.
If you believe that any content available on the HomiSmart services does not comply with the terms of these Terms & Conditions or applicable law, you may report such content in the manner prescribed hereunder.
When you use the HomiSmart Services you specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or content that:
1. belongs to another person and to which you does not have any right to;
2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnicall objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
3. harms minors in any way;
4. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
5. threatens the unity, integrity, defense, security or sovereignty of any country or cause incitement to the commission of any cognizable offence or prevent investigation of any offence or is insulting of any other nation;
6. infringes any patent, trademark, copyright or other proprietary rights;
7. contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
8. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
9. engage in any activity that interferes with or disrupts access to the HomiSmart Services (or the servers and networks which are connected to HomiSmart Services);
10. attempt to gain unauthorized access to any portion or feature of the Site, any other systems or networks connected to the Site, to any server, or to any of the HomiSmart Services, by hacking, password mining or any other illegitimate means;
11. probe, scan or test the vulnerability of the HomiSmart Services or any network connected to them, nor breach the security or authentication measures on the HomiSmart Services or any network connected to the HomiSmart Services. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Homismart Services, or any other customer of Homismart, including any Account not owned by you, to its source, or exploit the HomiSmart Services or information made available or offered by or through the HomiSmart Services, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than your own information, as provided for by the HomiSmart Services;
12. disrupt or interfere with the security of, or otherwise cause harm to, the HomiSmart services, systems resources, accounts, passwords, servers or networks connected to or accessible through the HomiSmart services or any affiliated or linked sites;
13. use the HomiSmart Services or any content included therein for any purpose that is unlawful or prohibited by these Terms & Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of HomiSmart or other third parties;
14. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
15. violate any code of conduct or other guidelines, which may be applicable for or to any particular HomiSmart Service;
16. violate any applicable laws or regulations for the time being in force within or outside India;
17. violate the terms of these Terms & Conditions.
You agree that you are solely responsible to HomiSmart and to any third party for any breach of your obligations under these Terms & Conditions and for the consequences (including any loss or damage which HomiSamrt or its affiliates or its vendors may suffer) for any such breach.
You shall solely be responsible for maintaining the necessary computer / mobile equipment, internet connections and other software and technologies that may be required to access, use and transact on the HomiSmart Service. You may incur access or data fees from third parties in connection with your purchase and/or use of the services. You are responsible for all such fees.
You shall use the HomiSmart services and any voucher/coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.
You may need to install updates that HomiSmart or any third party introduce from time to time to use the HomiSmart Services, including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions. Your use of the HomiSmart Services requires that you have agreed to receive such automatically requested updates.
You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
HomiSmart hereby grants You a non-exclusive, revocable and non-transferable right to view, download and print product catalogues available through the HomiSmart Services, subject to the following conditions:
1. You may access and use the product catalogues solely for personal, informational, and internal purposes, in accordance with these Terms & Conditions;
2. You may not modify or alter product catalogues available on the HomiSmart Services;
3. You may not distribute or sell, rent, lease, license or otherwise make the product catalogues available to others; and
4. You may not remove any text, copyright or other proprietary notices contained in the product catalogues.

Electronic contracting

Your use of HomiSmart Services includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into in your Account, including notices of cancellation, policies, and contracts. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

Subscriptions

Certain HomiSmart Services may be provided based on a periodical subscription ("Subscription"). You must have a valid credit card on file with HomiSmart in order to subscribe. The subscription is non-refundable (except as required by applicable law), and will automatically renew for one-year periods until you cancel it. Your account will be charged no more than 24 hours prior to the expiration of the current subscription period. You may cancel automatic renewal by sending email to HomiSmart.

Terms of Sale

HomiSmart hereby makes an offer to sell the items (products and/or services) proposed through HomiSmart Services ("Items"). Upon agreeing to purchase an Item you accept such offer to sell by HomiSmart.
You understand and agree that the offer for sale of the Item by HomiSmart is not an absolute or an un-conditional offer. Such offer to sale by HomiSmart is subject to repudiation by HomiSmart at any time before the delivery of the Item to you and without any obligation to assign or provide any reason for such repudiation and without any consent from you and without any liability or any obligation towards you and/or any third party.
Each Item is proposed according to the specific terms and conditions refer to such Item. HomiSmart may, from time to time change such terms and conditions. In the event of any discrepancy between these Terms and Conditions and the terms and conditions referred to a particular Item, the later such prevail.
HomiSmart attempts to be as accurate as possible. However, HomiSmart does not warrant that Items descriptions or other content of any HomiSmart Service and devices is accurate, complete, reliable, current, or error-free. If a product offered by HomiSmart itself is not as described, your sole remedy is to return it in an unused condition.
All offer of sale of Items are governed by the description and specifications of the Item, terms of warranties provided for such Item, in addition to these Terms & Conditions.
All prices are inclusive of VAT unless stated otherwise.
Despite our best efforts, a small number of the Items may be mispriced. If the correct price of an Item sold by HomiSmart is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
The availability of the Item under the offer to sell is subject to change without notice prior to the purchase of the Item by you. However, there may be circumstances where the Item may not be available to be delivered to you after the purchase transaction. In such an event, HomiSmart may cancel such purchase transaction without any recourse to you and without any liability to HomiSmart. If your order is so cancelled, after the payment has been processed, the said amount will be reversed/remitted to you either to the bank account provided by the you for such reversal, or to the payment instrument from which payment was made, or to any pre-paid payment instrument account. HomiSmart shall have the sole discretion to determine the mode of reversal from the above options.
Those Items for shipment to countries outside of Israel may be subject to taxes, customs duties and fees levied by the destination country ("Import Fees"). The recipient of the shipment is the importer of record in the destination country and is responsible for all Import Fees.
With respect to each item for which Import Fees have been calculated, you authorize HomiSmart to designate a carrier ("Designated Carrier") to act as your agent with the relevant customs and tax authorities in the destination country, to clear your merchandise, process and remit your actual Import Fees for such item.
"Import Fees Deposit" represents an estimate of the Import Fees that will be levied on the items in your order for shipment to countries outside of Israel. By placing your order, you agree to allow HomiSmart to collect the Import Fees Deposit for the applicable items in your order. This deposit will be used, on your behalf, to reimburse the Designated Carriers for the import fees that they have paid on your behalf to the appropriate authorities of the destination country.
You further agree that the Designated Carriers may disclose to HomiSmart the amount of actual Import Fees levied on the item you have purchased from HomiSmart. In the event that the Import Fees Deposit exceeds the Actual Import Fees, HomiSmart will refund the difference to you.
In the case of gifts or other purchases made on behalf of another recipient, you also agree to grant the foregoing authorizations on behalf of the recipient designated in your order.
To obtain details regarding the Actual Import Fees, or to obtain documentation or receipts in connection with customs clearance, you may contact the Designated Carrier specified in your shipment confirmation.

Payments, Taxes, & Refund Policy

You agree that you will pay for all Items you purchase, and that HomiSmart may charge your payment method for any Item purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. You are responsible for the timely payment of all fees and for providing HomiSmart with a valid payment method for payment of all fees.
Your total price will include the price of the Item plus any applicable tax; such tax is based on the bill-to address and the tax rate in effect at the time you buy the product. All sales of Items are final.
Prices for Items may change at any time, and HomiSmart do not provide price protection or refunds in the event of a price reduction or promotional offering.
If a downloadable Item becomes unavailable following a transaction but prior to download, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your Item, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by HomiSmart.
Gift cards, gift certificates, cards, codes, and allowances ("Gifts") may be issued and managed by HomiSmart. Gifts, in addition to unused balances, are not redeemable for cash and cannot be returned for a cash refund; exchanged; resold; used to purchase Gifts; or used in HomiSmart Retail Stores distributors' retail stores. Unused balances are not transferable. HomiSmart is not responsible for lost or stolen Gift. HomiSmart reserves the right to close accounts and request alternative forms of payment if a Gift is fraudulently obtained or used on HomiSmart Services. Homismart and its licensees, affiliates, and licensors make no warranties, express or implied, with respect to Gifts, without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. In the event that a Gift is nonfunctional, your sole remedy, and HomiSmart's sole liability, shall be the replacement of such Gift. Gift cards are not returnable after purchase (except as required by law)
HomiSmart may have existing arrangements with its banks, regarding limits on the amounts you can pay in the course of a single transaction. HomiSmart will work towards ensuring that you are made aware of such limits if they may be applicable to you. However, HomiSmart shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you having exceeded the preset limit mutually agreed by HomiSmart with its bank from time to time.

Pre-Orders

By pre-ordering Items, you are authorizing HomiSmart to automatically charge your account and ship and/or download the Item when it becomes available. You may cancel your pre-order prior to the time the item becomes available.

Delivery of the Product

There are various delivery models for delivery of purchased Items, as decided by HomiSmart.
Your shipping address, pin code will be verified with HomiSmart's database before you proceed to pay for your purchase. In the event your order is not serviceable by logistic service providers or by HomiSmart or the delivery address is not located in an area that is covered under the order confirmation form, you may provide an alternate shipping address on which the Item can be delivered by the logistics service provider or by HomiSmart.
Please note that there is no guaranteed dispatch time and any information about the dispatch time is estimate only and should not be relied upon as such. Therefore, time is not the essence of the contract between you and HomiSmart for purchase and sale of an Item. However, the Item shall not be delivered to you unless the you make the payment of the purchase of Item.
You shall be bound to take delivery of the Items purchased by you that are said to be in a deliverable state. Where you neglect or refuse to accept the delivery of the Items ordered by you, you may be liable to HomiSmart for such non-acceptance.
Before accepting delivery of any Item, you shall reasonably ensure that the Item's packaging is not damaged or tampered.
The title in the Items and other rights and interest in the Items shall pass on to you from Homismart upon delivery of such Item and subject to full payment of price of the Item. Upon delivery, you are deemed to have accepted the Itemss. The risk of loss shall pass on to you upon delivery of an Item.
In case you purchase multiple Items in one transaction, HomiSmart may deliver all such Items together. However, this may not always be possible. If you purchase multiple Items in a single transaction, then all the Items would be dispatched to a single delivery address provided by you at the time of purchase. If you wish to get delivery of the Items to different addresses, then you should purchase the Items under separate transactions and provide separate delivery addresses for each transaction, as may be required. You agree that the delivery of the Items can be made to the person who is present at the shipping address provided by You.

Cancellation of transaction / orders

There may be certain orders that HomiSmart is unable to accept and has the right to cancel. HomiSmart reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever. Some situations that may result in your order being cancelled include, without limitation, non-availability of the Item or quantities ordered by you or inaccuracies or errors in pricing information. HomiSmart may also require additional verifications or information before processing any order. All such cancellation shall be without any recourse to you and without any liability to HomiSmart. If your order is so cancelled, after the payment has been processed, the said amount will be reversed/remitted to you either to the bank account provided by you for such reversal, or to your payment instrument from which payment was made, or to any pre-paid payment instrument account of yours. HomiSmart shall have the sole discretion to determine the mode of reversal from the above options. In the event a promotional code given by HomiSmart is used for the purchase of the Item, the amount under such promotional code shall not be refunded in case of cancellation of order. The above is your sole remedy and HomiSamart's sole liability and sole responsibility for any cancellation of the purchase order by HomiSmart or otherwise other than by you.
In case of requests for order cancellations, HomiSmart reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if HomiSmart receives a cancellation notice and the order has not been processed, HomiSmart may cancel the order and refund the entire amount to you within a reasonable period of time. You will not be able to cancel orders that have already been processed by HomiSmart, unless otherwise provided by applicable law.

In the event you have availed any benefit under any marketing or promotions provided by HomiSmart in relation to the Item for which the order has been cancelled by you or by Homismart, you agree and authorize Homismart to recover such benefits from you or set-off the same from any refunds to you.

HomiSmart Return Policy

HomiSmart does not take title to returned items until the item arrives at HomiSmart's warehouse. At HomiSmart's discretion, a refund may be issued without requiring a return. In this situation, HomiSmart does not take title to the refunded item.
Items shipped from HomiSmart, can be returned within 14 days of receipt of shipment, unless a longer period is required under the applicable law.
Items downloaded from HomiSmart, cannot be returned and are not refundable, unless otherwise provided under the applicable law.
When you order from a distributor /seller that fulfills and ships its own inventory (also called a third party seller), your return will be sent back to the seller instead of HomiSmart.
While most of HomiSmart distributers offer a returns policy equivalent to HomiSmart, some seller returns policies may vary. You can view the Seller's return policy before you purchase an item by viewing the Returns and Refunds Policy section of the Seller's website.
If the returned Item is valued at $100 or more, insure the shipment for the value of the merchandise and ship your return with a signature shipping service. Items must be returned to HomiSmart with a trackable shipping service.
HomiSmart may test Items that are returned because they didn't work when they arrived and impose a customer fee equal to 15 percent of the Item sale price if you misrepresent the condition of the Item.
Any returned Item that is damaged through your misuse, is missing parts, or is in unsellable condition due to your tampering will result in you being charged fully charged.
In the event the return of an Item is duly accepted by HomiSmart, the value of such Item, as originally paid by you during acceptance of Item, will either be refunded to you either to the bank account provided by you for such refund, or to your payment instrument from which payment was made, or to any pre-paid payment instrument account of yours. HomiSmart shall have the sole discretion to determine the mode of reversal from the above options.

Risk of Loss

all items purchased from HomiSmart are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Other Businesses

Distributers \parties other than HomiSmart operate stores, provide services, or sell product of HomiSmart. In addition, HomiSmart may provide links to the sites of affiliated companies and certain other businesses. HomiSmart is not responsible for examining or evaluating, and HomiSmart does not warrant the offerings of, any of these businesses or individuals or the content of their web sites. HomiSmart does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

Privacy

Please review our Privacy Policy at _www.homismart.com, which also governs your use of HomiSmart Services, to understand our practices. HomiSmart will, from time to time, automatically collect information that can be used to learn your consumption usage of electricity and help you further cost them down. HomiSmart will use this information and the contents of your account, as well as other information, to give personalized recommendations to you, recommendations regarding other products and services that you may wish to purchase or acquire.
As for shipments for shipping products internationally you should be aware that cross-border shipments are subject to opening and inspection by customs and/or postal authorities.
Also, we may provide certain order, shipment, and product information, such as titles, to our international carriers, and such information may be communicated by the carriers to customs and/or postal authorities in order to facilitate customs clearance and comply with local laws.
Customs authorities require the value of the gift item to be stated directly on the package.

License, Availability and Competability

Subject to your compliance with these Terms & Conditions and your payment of any applicable fees (if applicable), HomiSmart grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the HomiSmart Services. This license does not include any resale or commercial use of any HomiSmart Service and/or Item; any collection and use of any product listings, descriptions, or prices; any derivative use of any HomiSmart Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms & Conditions are reserved and retained by HomiSmart or its licensors, suppliers, publishers, rights holders. No HomiSmart Service, nor any part of any HomiSmart Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of HomiSmart. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of HomiSmart without express written consent. You may not use any Meta tags or any other "hidden text" utilizing HomiSmart name or trademarks without the express written consent of HomiSmart. You may not misuse the HomiSmart Services. You may use the HomiSmart Services only as permitted by law. The licenses granted by HomiSmart terminate if you do not comply with these Terms & Conditions.
HomiSmart reserves the right to change any HomiSmart Service (including any content options) without notice.
HomiSmart may, at its sole discretion modify and/or cancel HomiSmart Services' availability in any country and/or for any device and/or any operation system. HomiSmart does not, in any way, undertake that the HomiSmart Services shall continue to support and/or to be compatible with any device, operating system. HomiSmart does not undertake to maintain and/or support any version of the HomiSmart Services.

Use of the HomiSmart Software and Application

You may use HomiSmart's oftware and/or application ("Software") solely for purposes of enabling you to use and enjoy the HomiSmart Services as provided by HomiSmart, and as permitted by these Terms & Conditions. You may not incorporate any portion of the Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part. You may not use the Software for any illegal purpose. We may cease providing any Software and we may terminate your right to use any Software at any time. Your rights to use the Software will automatically terminate without notice from us if you fail to comply with any of these Terms & Conditions. Additional third party terms contained within or distributed with certain Software that are specifically identified in related documentation may apply to that Software (or software incorporated with the Software) and will govern the use of such software in the event of a conflict with these Terms & Conditions. All software used in any HomiSmart Service is the property of HomiSmart or its software suppliers and protected by international copyright laws.
Assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Software, whether in whole or in part, or create any derivative works from or of the Software is strictly not allowed.
When you use the Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
In order to keep the Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

Third-Party Materials

Certain content and Items available via the HomiSmart Services may include materials from third parties. HomiSmart may provide links to third-party websites as a convenience to you. You agree that HomiSmart is not responsible for examining or evaluating the content or accuracy and HomiSmart does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that HomiSmart is not in any way responsible for any such use by you.

Intellectual Property

You agree that the HomiSmart Services, including but not limited to the Items, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the HomiSmart Services, contains proprietary information and material that is owned by HomiSmart and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the HomiSmart Services in compliance with these Terms & Conditions. No portion of the HomiSmart Services may be reproduced in any form or by any means, except as expressly permitted in these Terms & Conditions. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the HomiSmart Services in any manner, and you shall not exploit the HomiSmart Services in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity. Notwithstanding any other provision of these Terms & Conditions, HomiSmart and its licensors reserve the right to change, suspend, remove, or disable access to any Items, content, or other materials comprising a part of the HomiSmart Services at any time without notice. In no event will HomiSmart be liable for making these changes. HomiSmart may also impose limits on the use of or access to certain features or portions of the HomiSmart Services, in any case and without notice or liability. All copyrights in and to the HomiSmart Services (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by HomiSmart and/or its licensors, who reserve all their rights in law and equity. The use of the Software or any part of the Homismart Services, except for use of the Homismart Services as permitted in these Terms & Conditions, is strictly prohibited and infringes on the intellectual property rights of others and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement. Homismart, the Homismart logo, and other Homismart trademarks, service marks, graphics, and logos used in connection with the Homismart Services are trademarks or registered trademarks of Homismart.

Location Based Services

HomiSmart will, from time to time, automatically collect information related to location and habits and will use this information, as well as other information, such as your Item operation history, to give personalized recommendations to you. At all times your information will be treated in accordance with HomiSmart ltd’s Privacy Policy.

Electronic Communications

When you use any HomiSmart Services, or send e-mails, text messages, and other communications from your desktop or mobile device to HomiSmart, you are communicating with HomiSmart electronically. You consent to receive communications from HomiSmart electronically. HomiSmart will communicate with you in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages on the Site .You agree that all agreements, notices, disclosures, and other communications that HomiSmart provide to you electronically satisfy any legal requirement that such communications be in writing.

Disclaimer of Warranties and Limitation of Liability

The HomiSmart Services and Items are provided by HomiSmart on an "as is" and "as available" basis, unless otherwise specified in writing. HomiSmart makes no representations or warranties of any kind, express or implied, as to the operation of the HomiSmart Services, or the information, content, materials, Items or other products or services included on or otherwise made available to you through the HomiSmart Services, unless otherwise specified in writing. You expressly agree that your use of the HomiSmart Services and devices is at your sole risk. in no case shall HomiSmart, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any of the HomiSmart Services or for any other claim related in any way to your use of the HomiSmart Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content (or product) posted, transmitted, or otherwise made available via the HomiSmart Services, even if advised of their.
To the full extent permissible by applicable law, HomiSmart disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. HomiSmart does not warrant that the HomiSmart Services, information, content, products or other services included on or otherwise made available to you through the HomiSmart Services, servers or electronic communications sent from HomiSmart are free of viruses or other harmful components.
HomiSmart does not guarantee, represent, or warrant that your use of the HomiSmart Services will be uninterrupted or error-free, and you agree that from time to time HomiSmart may remove the HomiSmart Service for indefinite periods of time, or cancel the HomiSmart Services at any time, without notice to you. Without derogating of the aforementioned, HomiSmart shall not be liable for any damage and/or loss and/or default caused due to events and circumstances which are beyond its direct and full control, including any force major event.
Unless otherwise required under any applicable law, HomiSmart does not undertake to maintain its activity and support of HomiSmart Services. HomiSmart does not commit to any product life length and/or to continuous support and/or maintenance services for the Items. HomiSmart does not undertake to provide HomiSmart Services for any minimal time period and it may cease providing them at any time.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, HomiSmart's liability shall be limited to the extent permitted by law.
HomiSmart shall use reasonable efforts to protect information submitted by you in connection with the HomiSmart Services, but you agree that your submission of such information is at your sole risk, and HomiSmart hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.
HomiSmart does not represent or guarantee that the HomiSmart Services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and HomiSmart disclaims any liability relating thereto. Some products can be downloaded only once; after being downloaded, they cannot be replaced if lost for any reason. You shall be responsible for backing up your own system, including any HomiSmart products purchased, acquired from the HomiSmart store.
Homismart expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your credit/debit card or pre-paid instrument account.
For products shipped internationally, please note that for certain territories HomiSmart warranty may not be valid; HomiSmart's service options may not be available; product manuals, instructions and safety warnings may not be in destination country languages; the products (and accompanying materials) may not be designed in accordance with destination country standards, specifications, and labeling requirements; and the products may not conform to destination country voltage and other electrical standards (requiring use of an adapter or converter if appropriate). You are responsible for assuring that the Item can be lawfully imported to the destination country. When ordering from HomiSmart, the recipient is the importer of record and must comply with all laws and regulations of the destination country.
You agree that the HomiSmart Services and certain Items include security technology that limits your use of the Items and that, whether or not Items are limited by security technology, you shall use the Items in compliance with the applicable usage rules established by HomiSmart and its licensors (“Usage Rules”), and that any other use of the Items may constitute a copyright infringement. Any security technology is an inseparable part of the Item. HomiSmart reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by HomiSmart for compliance purposes, and HomiSmart reserves the right to enforce the Usage Rules without notice to you. You agree not to access the HomiSmart Services by any means other than through software and/or application that is provided by HomiSmart for accessing the HomiSmart Services. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the Software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the HomiSmart Services. Violations of system or network security may result in civil or criminal liability.
You acknowledge that, because some aspects of the HomiSmart Services, Items, and administration of the Usage Rules entails the ongoing involvement of HomiSmart, if HomiSmart changes any part of or discontinues the HomiSmart Services, which HomiSmart may do at its election, you may not be able to use the Items to the same extent as prior to such change or discontinuation, and that HomiSmart shall have no liability to you in such case.

Waiver and Indemnity

By using the HomiSmart Services, you agree, to the extent permitted by law, to indemnify and hold HomiSmart, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of these Terms & Conditions, your use of the HomiSmart Services, or any action taken by HomiSmart as part of its investigation of a suspected violation of these Terms & Conditions or as a result of its finding or decision that a violation of these Terms & Conditions has occurred. This means that you cannot sue or recover any damages from HomiSmart, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the HomiSmart Services, or to take any other action during the investigation of a suspected violation or as a result of HomiSmart's conclusion that a violation of these Terms & Conditions has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by these Terms & Conditions.

Miscellaneous

These Terms & Conditions constitute the entire agreement between you and HomiSmart and governs your use of the HomiSmart Services, superseding any prior agreements between you and HomiSmart. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms & Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. HomiSmart's failure to enforce any right or provisions in these Terms & Conditions will not constitute a waiver of such or any other provision. HomiSmart will not be responsible for failures to fulfill any obligations due to causes beyond its control.
The HomiSmart Services is operated by HomiSmart from its offices in Israel. You agree to comply with all laws, statutes, ordinances, and regulations that apply to your use of the HomiSmart Services. These Terms & Conditions, any use of the HomiSmart Services and all transactions on the HomiSmart Services are governed by Israeli law, without giving effect to its conflict of law provisions. You expressly agree that exclusive jurisdiction for any claim or dispute relating in any way to your use of the HomiSmart Services resides in the competent courts of Israel at Tel Aviv.
HomiSmart may notify you with respect to the HomiSmart Services by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by a posting on the HomiSmart Services or on the Site. Notices shall become effective immediately. HomiSmart reserves the right to take steps HomiSmart believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms & Conditions. You agree that HomiSmart has the right, without liability to you, to disclose any registration data and/or Account information to law enforcement authorities, government officials, and/or a third party, as HomiSmart believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms & Conditions (including but not limited to HomiSmart's right to cooperate with any legal process relating to your use of the HomiSmart Services and/or Items, and/or a third-party claim that your use of the HomiSmart Services and/or Items is unlawful and/or infringes such third party's rights).
In the event you come across any abuse or violation of these Terms & Conditions or if you become aware of any objectionable content on the HomiSmart Services, or if you believe your intellectual property rights have been violated in any manner through the HomiSmart Services, please report us to the contact details below.

Termination

If you fail, or HomiSmart suspects that you have failed, to comply with any of the provisions of these Terms & Conditions, HomiSmart, at its sole discretion, without notice to you may: (a) terminate the agreement according to these Terms & Conditions and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (b) terminate the license to the Software; and/or (c) preclude access to the HomiSmart Services (or any part thereof). HomiSmart reserves the right to modify, suspend, or discontinue the HomiSmart Services (or any part or content thereof) at any time with or without notice to you, and HomiSmart will not be liable to you or to any third party should it exercise such rights.
If You want to terminate your agreement with Homismart, you may do so by (i) not accessing the HomiSmart Services; or (ii) closing your Account for all of the HomiSmart Services that you use.
You agree that HomiSmart may, in its sole discretion and without prior notice, terminate your access to the HomiSmart Services and block your future access to the HomiSmart Services if HomiSmart determines that you have violated the terms of these Terms & Conditions. You also agree that any violation by you of these Terms & Conditions may cause irreparable harm to Homismart, for which monetary damages may be inadequate, and you consent to HomiSmart obtaining any injunctive or equitable relief that HomiSmart deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies HomiSmart may have at law or in equity.
Notwithstanding the foregoing, these such terms of these Terms & Conditions as are meant to survive termination / expiry of the agreement according to these Terms & Conditions, will survive indefinitely unless and until HomiSamrt chooses to terminate them.

HomiSmart Contact Details.

HomiSmart Ltd. Is an Israeli Private company, company number 515255362. Our offices are at 7 Mota Gur St., Petach Tikva, Israel, and its mailing address is P.O. Box 1059, Ramat Gan, zip 52111 Israel.

You may also contact HomiSmart at: office@homismart.com.