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SmartH Technology Ltd (SmartH)
SmartH Branded Products
THIS LIMITED WARRANTY CONTAINS IMPORTANT INFORMATIN ABOUT YOUR RIGHTS AND OBLIGATIONS,AS WELL AS LIMTATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
1.WHAT THIS LIMITED WARRANTY COVERS;PERIOD OF COVERAGE
If you purchased your SmartH devices and accessories(the “Device”) from SmartH,Best buy or authorized resellers in Canada only, the Warranty for the Device is provided by SmartH Technology Limited. The provider of this warranty is sometimes referred to herein as “we”.
SmartH Devices and accessories are (the “Device”) manufactured by or for SmartH and that can be identified by the “SmartH” trademark, trade name, or logo affixed to them.
When you purchase a new Device, we warrant the Device against defects in materials and workmanship under ordinary consumer use for (1) one year from the date of original retail purchase,OR two (2) years(for any SmartH products) if sold to you and installed by a SmartH Pro who,if applicable.
we will at our option, to the extent permitted by law, either (i) repair the Device using either new or refurbished parts, (ii) replace the Device with a new or refurbished Device that is equivalent to the Device to be replaced.If the Product or a component incorporated within it is no longer available,SmartH may,at SmartH sole discretion, replace the Product with a similar product of similar function. This is your sole and exclusive remedy for breach of this Limited Warranty. Any Product that has either been repaired or replaced under this Limited Warranty will be covered by the terms of this Limited Warranty for the remaining Warranty Period. This Limited Warranty is transferable from the original purchaser to subsequent owners,but the Warranty Period will not be extended in duration or expanded in coverage for any such transfer.
2)WARRANTY CONDITIONS;HOW TO GET SERVICE IF YOU WANT TO CLAIM UNDER THIS LIMITED WARRANTY
Before making a claim under this Limited Warranty, the owner of the Product must (a)contact SmartH Support team at email@example.com during the Warranty Period to provide notice of your warranty claim and describe the alleged failure, and(b) comply with SmartH (or its authorized distributor’s) return instructions.SmartH will have no warranty obligations with respect to a returned Product if it determines,in its reasonable discretion after examination of the returned Product,that the Product is an ineligible Product(define below).Owner is responsible for all the shipping cost.
In general, you will need to deliver your Device in either its original packaging or in equally protective packaging to the address specified by Customer Service. Before you deliver your Device for warranty service, it is your responsibility to remove any removable storage media and back up any data, software, or other materials you may have stored or preserved on your Device. It is possible that such storage media, data, software or other materials will be destroyed, lost or reformatted during service, and we will not be responsible for any such damage or loss.
3)WHAT THIS LIMITED WARRANTY DOES NOT COVER
This Limited Warranty does cover the following (collectively “neligible Products”):(I)products marked as “sample” or “Not for Sale”,or sold “AS IS”;(II)Products that have been subject to :
a) Abuse, accident, misuse improper, storage, exposure to liquid, moisture, or dampness;
b) External causes such as from collision, fire, flooding, sand and, dirt, windstorm ,lighting, or earthquake;
c) Exposure to extreme weather conditions, Acts of God, theft, blown fuse, or improper use of any electrical source;
d) Computer or internet viruses, bugs, worms, Trojan Horses, cancel bots;
e) Use with non-SmartH products or products not recommended for use with SmartH products;
f) Normal wear and tear of the Product;
g) Usage of Product other than its normal and customary manner;
h) Improper handling,storage, installation, testing, peration,maintenance,use or any alteration or modification of Product which not in accordance with any User’s Guide,Placement Guidelines, or other instructions provided by SmartH;
i) Breakdowns,fluctuations,or interruptions in electric power or the telecommunication network;
j) Consumable parts,such as batteries,unless damage has occurred due to a defect in smartH materials and workmanship;
k) Service performed by anyone who is not a SmartH representative or an authorized SmartH service provider;
l) Cosmetic damages,including but not limited to dents or scratches in decorative,structural,or non-operative parts resulting from normal customer use;
m) Spillage of food or liquid,corrosion,rust or incorrect voltage;
n) Viruses or other software problems introduced into the product
o) SmartH does not warrant that the operation of the Device will be uninterrupted or error-free
The Limited Warranty will also be null and void in any of the following events:
a) The serial number or warranty seal of the product has been altered,defaced or removed;
b) Any term contained in this Limited Warranty has been altered or modified in any way without prior written consent of smartH;
c) SmartH has not been notified by Purchaser of the alleged defect or malfunction of the Product during the applicable Limited Warranty period.
SmartH Technology recommends that you use only authorized service providers for maintenance or repair.Unauthorized use of the Product of software can impair the Product’s performance and may invalidate this Limited Warranty.
4)DISCLAIMER OF WARRANTIES
EXCEPT AS STATED ABOVE IN THIS LIMITED WARRANTY,AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,SMARTH TECHNOLOGY LTD DISCLAIMS ALL EXPRESS,IMPLIED,AND STATUTORY WARRANTIES AND CONDITIONS WHITH RESPECT TO THE PRODUCT,INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PRUPOSE.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,SMARTH TECHNOLOGY LTD ALSO LIMITS THE DURATION OF ANY APPLICABLE IMPLIED WARRANTIES OR CONDITIONS TO THE DURATION OF THIS LIMITED WARRANY.
5)LIMITATION OF DAMAGES
IN ADDATION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT
WILL SMARTH HNOLOGY LTD BE LIABLE FOR ANY CONSEQUENTIAL,INCIDENTAL,EXEMPLARY,OR SPECIAL DAMAGES,INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS,ARISING FROM OR RELATING TO THIS LIMITED WARRANTY OR THE PRODUCT.
6)LIMITATION OF LIABILITY
THE SMARTH TECHNOLOGY LTD ONLINE SERVICES(“SERVICE”) PROVIDE YOU INFORMATION(“PRODUCT INFORMATION”) REGARDING YOUR SMARTH PRODUCTS OF OTHER PERIPHERALS CONNECTED TO YOUR PRODUCTS (PRODUCT PERIPHERALS”).THE TYPE OF PRODUCT PERIPHERALS THAT MAY BE CONNECTED TO YOUR PRODUCT MAY CHANGE FROM TIME TO TIME. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMERS ABOVE,”AS IS”,AND “AS AVAILABLE”.SMARTH DOES NOT PERPRESENT,WARRANT,OR GUARANTEE THAT PRODUCT INFORMATION WILL BE AVAILABLE ACCURATE,OR RELIABLE OR THAT PRODUCT INFORMATION OR USE OF THE SERVICES OR PRODUCT WILL PROVIDE SAFETY IN YOUR HOME, YOU USE ALL PRODUCT INFORMATION,THE SERVICES,AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND SMARTH TECHNOLOGY LTD DISCLAIMS) ANY AND ALL LOSS,LIABILITY,OR DAMAGES,INCLUDING TO YOUR WIRING,FIXTURES,ELECTRICITY,HOME,PRODUCT,PRODUCT PERIPHERALS,COMPUTER,MOBILE DEVICE,AND ALL OTHER ITEMS AND PETS IN YOUR HOME,RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION,SERVICES,OR PRODUT. PRODUCT INFORMATION PROVIDED BY THE SERVICES IS NOT INTENDED AS A SUBSTITUTE FOR DIRECT MEANS OF OBTAINING THE INFORMATION. FOR EXAMPLE,A NOTIFICATION PROVIDED THROUGH THE SERVICE IS NOTINTENED AS A SUBSTITUTE FOR AUDIBLE AND VISIBLE INDICATIONS IN THE HOME AND ON THE PRODUCT,NOR FOR A THIRD PARTY MONITORING SERVICE THAT MONITORS ALARM STATE.
7)YOUR RIGHTS AND THIS LIMITED WARRANTY
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY BY PROVINCE,OR JURISDICTION.LIKEWISE,SOME OF THE LIMITATIONS IN THIS LIMITED WARRANTY MAY NOT APPLY IN CERTAIN PROVINCES OR JURISDICTIONS. THE TERMS OF THIS LIMITED WARRANTY WILL A PPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.FOR A FULL DESCRIPTION OF YOUR LEGAL RIGHTS YOU SHOULD REFER TO THE LAWS APPLICABLE IN YOU JURISDICTION AND YOU MAY WISH TO CONTACT A RELEVANT CONSUMER ADVISORY SERVICE.
TOTAL SATISFACTION RETURN POLICY
1) If you are the original purchaser of the Product and you are not satisfied with this Product for any reason, you may return it in its original condition (unopened item) within seven(7) days of the original purchase and receive a full refund.
2) Only regular priced items may be refunded. Sale items is non-refundable.
3) Used or open box items must be returned within fourteen(14) days for a store credit with a 15% return of goods charge.
4) Installation Fee is non-refundable if the product has been installed by our SmartH engineer.
5) To return the item you purchased,please email us at firstname.lastname@example.org for specific instructions about how to return your item.
6) SmartH is not responsible for any shipping cost.
Service Agreement of Smart Technology Ltd.’ Smart Platform
Welcome to Smart Home Platform!
Before accepting the Agreement, you are supposed to thoroughly read all contents of the Agreement, and fully know its terms, especially restrictive clauses or exceptions. Restrictive clauses or exceptions are bold or highlighted in other forms to catch your attention. In case of any doubt for the terms of the Agreement, please contact relevant business department of Smarth Technology Ltd. You are not allowed to use the service before you have read and accepted all terms of the Agreement, relevant agreements and rules, etc. Once you select "agree and submit the Agreement" (see registration page for detailed wordings) and complete the registration procedure, or you use the service in any form, it will be deemed that you have read and agreed with the restriction of the Agreement and rules above. In case of any breach of the Agreement, Smarth Technology Ltd. has the right to unilaterally restrict, suspend or terminate the service for you, and has the right to investigate your relevant responsibilities.
I. Definitions of Terms
1.1 Licensed software refers to software system developed by “SmartH”, downloaded from the platform, and installed and applied in specified system mobile terminals.
1.2 Services refer to services provided for you by “SmartH”. You can use such services on the mobile terminal with the licensed software.
2.1 “SmartH” offers you intelligent life equipment management services, based on which you can access to the intelligent terminal on “SmartH” Cloud Platform through the Smart Home Solution Control, and realize interlinkage among intelligent equipment. Service contents include intelligent equipment management, scene interlinkage and analysis report, etc. Such functions may be optimized or modified according to changes of users' demands or judgment of service supplier, and service supply may be suspended due to regular and irregular maintenance.
III. Scope of Service
3.1 “SmartH” grants you with the right to use the product based on this software.
3.2 You are prohibited to license, sell, lease, transfer, issue the product in any form, or use the product for other commercial purpose. 3.2 Due to limitations on software adaptation platform and terminals, you can only use the licensed software in the authorized system platform and terminal; if you install the licensed software on other terminal equipment, it may damage your hardware or software function.
3.3 You acknowledge that the licensed software can only be used for non-commercial purpose and installation, application and running of the licensed software is prohibited. If such commercial operation is necessary, prior written authorization and permission from “SmartH” shall be obtained.
3.4 “SmartH” may change, upgrade or transfer the licensed software or relevant functions from time to time, and may add new functions or services in the licensed software system. If no separate agreements are accompanied with the aforesaid new functions or services, you are entitled to the corresponding functions and services, which is also subject to the Agreement.
3.5 You shall be responsible for the accuracy, reliability, integrity and legality of input data and legality of the way in which you obtain the data, and shall back up data and information from time to time. You shall bear all risks for damage and loss of such information.
3.6 You shall properly keep your account number and password. In case of any safety loophole for your account(including but not limited to divulgence of user password), you shall notify “SmartH” in time, and “SmartH” will assist you in taking relevant measures. Otherwise, all behaviors related to your account shall be assumed by you and you will bear all responsibilities.
IV. A Third Party
4.1 You acknowledge that certain service of “SmartH” is based on software or services provided by a third party. Such service is set to facilitate your application and necessary legal authorization is obtained from the third party.
4.2 The product includes certain information and services of the third party. "SmartH" neither controls nor bears responsibility for information and services of the third party.
4.3 You acknowledge that "SmartH"can not guarantee that the licensed software always uses or contains such services, or that other software provided by the same third party will be used in future. Likewise, it may use similar services supplied by another third party. Upon application, the aforesaid corresponding software or services are subject to this Agreement.
V. Service Application Standard
5.1 You shall use the licensed software in a normal manner. The following ways are in breach of the application standard:
1) Issue or share computer virus, worms, malicious codes, or software that deliberately damages or changes computer system or data;
2) Collect information or data of other users without authorization, for example, email address and the like;
3) Maliciously use the product in an automatic way, causing over load to the server, or interfere with or damage web server and network links in other forms.
4) Attempt to visit server data or communication data of the product without authorization;
5) Interfere with or damage the production application by other users.
5.2 You understand and agree that:
1) "SmartH" will determine whether or not you are involved in violation of standards above, and suspend or terminate your application license according to determination results or take other restrictions according to agreements.
2) "SmartH" will directly delete information in breach of laws, or infringing others' legal rights, or in breach of the Agreement issued by you when using the licensed software.
3) If a third party suffers from damage due to your breach of application standards, you shall independently bear legal responsibility in your name, and protect and indemnify "SmartH” from losses or additional expenses generated therefrom. Otherwise, “SmartH” has the right to claim compensation.
4) If “SmartH" suffers from any loss due to your breach of relevant laws or the Agreement, you shall compensate "SmartH"for losses and (or) expenses generated therefrom.
VI. Information Content Standard
6.1 You promise that you will not conduct any act in breach of laws or improper behaviors by using the service, such act and behavior include (but not limited to):
6.1.1 Uploading, transferring or sharing information containing one of the following contents:
1) Opposing the basic principles determined in the Constitution;
2) Endangering state safety, disclosing state secret, subverting state power and sabotaging state unity;
3) Damaging state honor and benefit;
4) Inciting national hatred and discrimination and sabotaging national unity;
5) Destroying religious policy of the state and advocating heresy and feudalistic superstition;
6) Spreading rumors, disturbing social order and destroying social stability;
7) Spreading obscenity, porn, gambling , violence , murder and terror or abetting a crime;
8) Insulting or slandering others and infringing on the legal rights and interests of others;
9) Containing contents of sham, defraudation, harm, threat, infringement to others' privacy, harassment, infringement, slander, coarseness, indecency, or morally repulsive contents;
10) Containing other contents restricted or forbidden by applicable laws, regulations, rules, provisions and other legal standards.
VII. Private Policy and Data
VIII. Exception Clauses
8.1 Unless otherwise specified in laws and regulations, "SmartH"will do its best to ensure the security, validity, accuracy and reliability of the licensed software and technologies and information involved, but "SmartH" is unable to guarantee the same due to restriction by available technologies nowadays.
8.2 You understand that "SmartH"will not assume responsibility for direct or indirect losses caused by force majeure and default of a third party.
8.3 You shall be responsible for personnel injury or incidental or indirectly injury caused by or related to one of the following accidents: 1) A third party uses the licensed software or changes your data without permission; 2) Expenses and losses produced by using the licensed software; 3) Your misunderstanding of the licensed software; 4) Other losses related to licensed software caused by reasons not attributable to "SmartH".
8.4 Any other licensed software-derived software not developed and released by "SmartH" or the development and release are not granted by "SmartH" is illegal software. Downloading, installing and using such software may cause unpredictable risks. "SmartH" shall be free from legal responsibilities and disputes generated therein and "SmartH" shall have the right to suspend or terminate application license and/or other all services.
8.5 You have been informed of that the usage of "SmartH" Smart Platform involves in Internet service, which may be affected by unstable factors in all links. Although "SmartH" has taken safeguard measures, the service may be suspended, terminated, delayed, suffered from application restriction or application failure due to inherent defects of Internet and e-communication as well as factors beyond reasonable control of any party to the Agreement (including but not limited to fire, flood, terrorist attack, pestilence, natural disasters, riot, terminal virus, hacker attack, network fault and terminal fault). You hereby agree to bear foregoing risks and agree that "SmartH" is free from any responsibility when normal running of services are influenced by the occurrence of foregoing risks.
IX. Agreement Termination and Breach of Agreement
9.1 You should understand that you shall use the licensed software according to authorization scope, respect intellectual property of software and contents contained in the software, and perform obligations according to the Agreement when using "SmartH"'s services. "SmartH" will terminate the application license if you are in material breach of the Agreement.
9.2 Your application of the software relies on supporting services supplied by "SmartH"'s related companies. Breach of terms, agreements, rules, annunciation and other relevant regulations of "SmartH"and its related companies may cause failure in normal usage of licensed software, in which case, "SmartH" shall be entitled to terminate the application license, or take measures to restrain your application license or other rights and interests controlled by "SmartH" as agreed in the Agreement, including suspension or termination of your application license.
9.3 In case of your breach of the Agreement or other agreements signed with "SmartH”, “SmartH” shall have the right to notify the related companies, requiring them to take restrictive measures to your rights and interests, including requiring related companies to suspend or terminate supplying part or whole services for you, and legally announce your breach of agreement on websites run or actually controlled by them.
9.4 The licensed software is downloaded from the downloading platform and you shall abide by stipulations of the download platform, system platform and terminal manufacture on application ways and restrictions of the licensed software. If the above mentioned third party confirms that you are in breach of the agreement and “SmartH”'s treatment is required, “SmartH” may terminate your application license at the third party's request.
9.5 When the application license terminates, you shall stop using the licensed software and destroy all copies.
9.6 You must bear all compensation responsibilities if “SmartH” and other users suffer from losses caused by your breach of terms in the Agreement.
X. Governing Laws and Severability
10.1 Effectiveness, explanation, change, execution and dispute settlement of the Agreement are subject to laws of Canada. If no relevant laws and regulations are available, reference to general international business practices and (or) industrial practices shall be made.