Terms & conditions

Last Updated: 10/10/2023

1. Introduction

Welcome to the SmartVent website (the “Website”) operated by Simx Ltd. Throughout this document, the terms “we,” “us,” and “our” refer to Simx Ltd and it’s associated parties. By accessing and using this Website, you agree to comply with and be bound by the following terms and conditions (“Terms of Service”), which include additional terms and policies referenced herein. Please review these Terms of Service carefully. If you do not agree to these terms and conditions, you may not access the Website or use our services.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

2. Privacy Policy

These Terms of Service are to be read in conjunction with SmartVent’s Privacy Policy, please visit smartvent.co.nz/privacy-policy/ for details.

3. Changes to Terms

We reserve the right to update, modify, or replace any part of these Terms of Service by posting updates or changes on this page. It is your responsibility to check for such changes periodically. Your continued use of the Website constitutes the acceptance of any changes. Any updates or additions to the Website, including the store, are also covered by these Terms of Service.

4. General Conditions

We reserve the right to refuse service to anyone at any time. You acknowledge that your content (not including credit card information) may be transmitted unencrypted over various networks and may be altered to meet technical requirements. Unauthorized use of our services or content is prohibited.

Credit card information is always encrypted during transfer over networks.

5. Copyright Statement

Simx Ltd either owns or has the right to licence all information and material (both text and images) published on this website. You may not copy or use any information or material from this website without the express written permission of Simx Ltd.

6. Accuracy and Completeness of Information

While we strive for accuracy, we do not guarantee that all information on the Website is complete, current, or error-free. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

The material on this site is provided for general information only and should not be used as the sole basis for making decisions without consulting primary, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site or any related website except as required by law. You agree that it is your responsibility to monitor changes to our site and recognise that historical information may not be current.

No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

7. Website Tools

The calculators and other interactive tools that may be used on this website from time to time are intended to be illustrative only. Simx Ltd does not represent or warrant the accuracy, adequacy or completeness of any information provided by those calculators and interactive tools and recommends all selections are validated by an onsite assessment and quote.

8. Third-Party Links

The Website may contain links to third-party websites, including but not limited to as it relates to product and/or services. We are not responsible for third-party materials, products, or services, nor are we liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. We recommend reviewing their policies before engaging in transactions with them.

Complaints, claims, concerns, or questions regarding third-party products and policies should be directed to the third party.

9. Modifications to the Service and Prices

Product prices may change without notice. We may modify or discontinue the service (or any part or content thereof) at any time, without liability to you or any third party.

10. Online Store Terms

This Website includes an online e-commerce platform that allows us to sell our products and services to you through our Accredited Installer network. All purchases are channelled through SmartVent Accredited installers. Simx Ltd is operating as an agent for Accredited Installers and all payments are collected on behalf of Accredited installers.

You acknowledge and agree that we provide details of the Accredited Installer “as available” without any warranties, representations, or conditions of any kind or endorsement. We shall have no liability whatsoever arising from or relating to your use of the accredited installer to install your purchase and your choice of an Installer is your responsibility. We do not guarantee an Installer’s ability to install your purchase and you should ensure that you are familiar with and approve of the terms on which products are provided by the relevant third-party provider. Additional delivery and installation costs, should any arise, are not included in the price unless specifically stated.

For purchases made through the Website the responsibility to ensure the purchase is fit for your purpose is entirely at the purchaser’s discretion. We warrant all goods are of acceptable quality, fit for purpose and match the description. All purchases are covered by the Consumer Guarantees Act. The warranty information is detailed in the product documentation.

Product availability will vary, and this may affect delivery. The timeframe for the supply of the product is normally within four weeks from the purchase date. Simx Ltd is not liable for any cost or inconvenience caused if delivery is not possible within the standard delivery time.

By using this Website, you represent that you are of legal age to enter into contracts or have obtained necessary parental or guardian consent. You must not use our services for any unlawful purpose or violate any applicable laws. Transmitting harmful code or engaging in any activity that breaches these Terms will result in immediate termination of your order.

You agree to provide current, complete, and accurate purchase, contact and account information for all purchases made at our store. All information provided, including your email address and credit card numbers and expiration dates must be up to date before we can complete your transactions.

We reserve the right to refuse any order you place with us. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

11. Products or Services

Some products or services may only be available online and may have limited quantities. We make reasonable efforts to display product colors accurately but cannot guarantee your monitor’s accuracy. We reserve the right to limit sales to specific regions and to change product descriptions, prices, and availability at any time.

12. Returns Policy

For details regarding returns and warranty, please visit smartvent.co.nz/returns-policy/. Follow the provided instructions to request a return. Products returned in new condition within 28 days may be eligible for a refund.

13. User Comments and Submissions

Any submissions or comments you provide may be used by us without restriction. We reserve the right to monitor, edit, or remove content we deem inappropriate or in violation of these Terms. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

14. Prohibited Uses

In addition to other prohibitions outline in the Terms, using the Website for unlawful purposes, violating regulations, infringing on intellectual property rights, or engaging in harmful activities is strictly prohibited. We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.

15. Disclaimer of Warranties; Limitation of Liability

We do not guarantee uninterrupted or error-free service. Your use of the Website is at your own risk. The service is provided “as is” without any warranties, express or implied. We are not liable for any damages, except as required by law.

16. Indemnification

You agree to indemnify and hold us, and our associated parties, harmless from any claims or demands arising from your breach of these Terms or violation of the law.

17. Severability

If any provision of these Terms is deemed unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

18. Termination

These Terms remain effective unless terminated by you or us. We may terminate your access to the service at any time for any reason. You are liable for all outstanding obligations upon termination.

19. Entire Agreement

These Terms of Service and any related policies constitute the entire agreement between you and us, supplanting prior agreements. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

20. Governing Law

These Terms are governed by the laws of New Zealand.

21. Contact Information

If you have questions regarding these Terms of Service, please contact us at enquiry@smartvent.co.nz.

Thank you for using Simx Ltd’s Website!