Last Update: 23rd May, 2020
1. Introduction and scope of application of the General Conditions
1.1 These general conditions of service (hereinafter also “General Conditions” or “Agreement”) govern the services provided and/or managed through the website www.smarthomeneed.com (hereinafter also the “Site”) by Smart Home Need S.r.l., with registered office in Corso Milano 23, 20900 Monza, Italy (hereinafter also “SHN”).
1.2 SHN’s mission is to support its users on the achievement of their full potential, through the suggestion of both meaningful habits and smart home technology. We want people to connect with their needs, to increase their well-being and to grow healthy, being respectful of the environment. As health is very important to SHN, SHN invites users to ALWAYS seek advice from a doctor in relation to their individual situations and habits. SHN IS NOT MEANT TO REPLACE DOCTORS OR MEDICAL ADVICE. Contents of the Site, regardless of whether they are provided by SHN or users, are not intended to supplement, let alone replace, the information or advice provided by doctors. By accepting these General Conditions, the user confirms that he/she is solely responsible for his/her health and habits.
1.3 If necessary, SHN may supplement these General Conditions or waive them through specific Special Conditions that will be proposed to the user at the time of request for certain services and/or use of certain contents. In case of contrast between the General Conditions and the Special Conditions, the latter will prevail. It remains understood that these General Conditions do not in any way oblige SHN to provide the user with all the services and/or contents to which they refer, unless to the extent expressly provided by any Special Conditions.
1.4 These General Conditions may be modified at any time. In that case, the user will be notified via e-mail or through specific communications published on the Site. These changes will be considered accepted by the user if he/she continues to use the service and/or access the contents or does not withdraw from the Agreement within 15 (fifteen) days from the communication of the change.
1.5 By accepting these General Conditions, the user declares to have reached the age of eighteen.
2. Registration and access credentials
2.1 To access the contents and/or use the services it may be necessary to fill in registration forms, read and accept the General Conditions and/or the Special Conditions or, as required, specifically approve certain contract terms.
2.2 Except as otherwise provided, the General Conditions will be effective from the time the user first accesses the Site or from the time the user starts using the services or accessing the contents and - except for any changes approved by the user pursuant to the provisions of the above section 1.2 - will remain valid for as long as the user continues to access the Site.
2.3 The user acknowledges that he/she will be identified as the owner of his/her rights and duties - in relation to all services - exclusively on the basis of the digital identity attributed to him/her and represented by the credentials (e.g. user ID, email and password) provided and/or chosen by the user. The user therefore undertakes to safekeep these credentials and immediately report any loss of control over them to the address [email protected] and implement the password reset procedure available on the Site, taking note of the fact that, in the absence of such notification and until completion of such procedure, he/she will be responsible for all actions carried out using these credentials (e.g. request for a service, etc.) and cannot contest such use.
2.4 SHN will make every reasonable effort to guarantee the user continuous and uninterrupted access to the Site but cannot be held responsible if one or more of the services provided or contents made available to the user free of charge are found temporarily inaccessible. For any paid services or content, terms and levels of service, if different, will be governed by the Special Conditions applicable to them.
3.1 The services governed by the General Conditions may be, if requested by the user, those briefly described below or other additional ones:
(A) Inspirations: access to an archive of articles related to the basics of smart home (foundations section), personal growth experiences shared by individuals (stories section), and recent news in the areas of technology, environment and health (news section). This service is provided free of charge.
(B) Products: access to a shortlist of smart products with descriptions, key features and third-party deals. This service is provided free of charge.
(C) Needs: access to guides on how to improve specific areas of daily life (Needs). This service is provided free of charge for one Need defined by SHN after registering to the free Subscription Plan “TRY”. For the access to other Needs, Special Conditions will apply.
(D) Pathfinders: access to guides on what to consider when buying items from a specific product family. This service is provided free of charge for one Pathfinder defined by SHN after registering to the free Subscription Plan “TRY”. For the access to other Pathfinders, Special Conditions will apply.
(E) Comparator: access to a products comparator. This service is provided free of charge for the products selected by SHN after registering to the free Subscription Plan “TRY”. For the access to other products comparison, Special Conditions will apply.
(F) Promotions and Gifts: registered users can earn Smart Home Need Points (“SHNPs”) and redeem them into discount coupons (“Discount Coupons”). SHNPs can be earned by inviting friends to join the Site or by gifting a subscription plan. SHNPs expire on a yearly basis, on the 23rd May of each year. Discount Coupons are valid for the purchase or upgrade of a SHN’s subscription plan. Coupons are non-personal, non-cumulative and expire after one year of receiving them. All the applicable terms are described in the FAQs. Registered users can also make Smart Home Need Gifts (“SHNGs”) by gifting a paid subscription plan. SHNGs expire after one year of their purchase. When activated by the receiver, a one-year subscription to SHN will start. All the applicable terms are described in the FAQs. Further promotions and/or initiatives can be promoted through the Site, in the manner and under the conditions provided, from time to time, by the applicable terms.
4. Intellectual property rights
4.1 As part of the services and contents made available on the Site, third party brands, products or contents may be mentioned or represented. These brands, products or contents are and will remain the exclusive property of their respective owners.
4.2 Except as otherwise provided herein and/or on the Site, SHN is the owner of the SHN’s trademarks, as well as of the services and/or contents published on the Site (e.g. texts, designs, etc.) and of all the related intellectual property rights. It is expressly forbidden for the user to reproduce, copy, publish or commercially exploit these services and contents which can only be used for private personal purposes. In particular and without limitation, user is not allowed to (a) copy, modify, adapt, translate or create derivative works based upon the Site or any service or content thereof; (b) carry out any reverse engineer operation, decompile, disassemble or otherwise attempt to discover the source code of the Site or any part thereof; (c) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, features that prevent or restrict use or copying of any content accessible through the Site.
5. Disclaimer and advertising contents
5.1 As the Site and the related services or digital contents (including any information published regarding third party products) are for general information and discussion purposes, they are not intended to address the particular requirements of any user. Services or contents published on the Site do not constitute any form of advice, recommendation, representation, or endorsement by SHN. Despite the professionalism with which SHN takes care of the drafting and updating its contents, it is possible that they contain errors or are not updated. The Site is not intended to be and should not be relied upon by users in making (or refraining from making) any specific purchase, sale or other decisions. Any agreements, transactions or other arrangements made between a user and any third party named on (or linked to from) the Site are at user’s own responsibility and own risk.
5.2 The Site may also display advertisements of third parties, also in the form of marketing affiliations (hereinafter also “Advertisements”). These Advertisements will be made visually recognizable from the Site’s services and contents, as required under applicable law. SHN makes no representation whatsoever about the content of any advertising message from such third parties. The visibility of an Advertisement on the Site does not mean that SHN accepts any liability for the content of such advertising messages so SHN disclaims all liability accordingly to maximum extent allowed under applicable law.
6. Links to third party websites
The Site may contain links to other websites and to website content on such other websites. SHN does not maintain these linked websites and is not responsible for the operation of, or for website content on, any site through which user may access through the Site. User shall read all legal notices on each linked website before using it. SHN assumes no responsibility for any loss or damages in respect of this website or any such other website and so disclaims all liability accordingly to the maximum extent allowed under applicable law.
7. Personal data
8. User contents
In case user is permitted to upload or submit any content for publication in any areas of the Site, user agrees and represents that has created that content, or have received permission from, or is authorised by, the owner of any part of the content to submit it to the Site.
User warrants that such content (i) does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual; (ii) is not obscene, threatening, harassing, libellous, deceptive, fraudulent, invasive of another’s privacy, offensive, defamatory of any person or illegal.
If user or the owner of the content still own the copyright in the content, by submitting content to SHN, user is granting an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, publish and/or transmit, and to authorise third-parties to use, publish and/or transmit, such content in the Site.
SHN is proud to be an independent review and information platform. Every user’s contribution, however big or small, is therefore valuable to SHN as it helps to make SHN’s own editorial independence possible. For users who want to support with a free donation, instructions are made available in the Donations area of the site.
10. Applicable law
These General Conditions are governed by Italian law.
SPECIAL CONDITIONS FOR PAID SERVICES
1.1 SHN or Supplier: Smart Home Need S.r.l., with registered office in Corso Milano 23, 20900 Monza, Italy, VAT no. IT11154690967, REA no. 2582731 – email [email protected].
User: the person who purchases one or more paid services provided by SHN.
Service: one of the Services provided by SHN through the Site, at the request of the User, among those listed below:
1. Learn: include the free services specified in the General Conditions with the following integrations:
(C) Needs: access to guides on how to improve specific areas of daily life (Needs). In addition to the Need accessible when registering to the free Subscription Plan “TRY”, the User will have access to one Need that is selected during the payment process.
(D) Pathfinders: access to guides on what to consider when buying items from a specific product family. In addition to the Pathfinder accessible when registering to the free Subscription Plan “TRY”, the User will have access to the Pathfinders related to the purchased Need.
(E) Comparator: access to a products comparator. In addition to compare the products accessible when registering to the free Subscription Plan “TRY”, the User will be able to compare the products related to the purchased Need.
2. Flourish: include the free services specified in the General Conditions with the following integrations:
(C) Needs: access to guides on how to improve specific areas of daily life (Needs). In addition to the Need accessible when registering to the free Subscription Plan “TRY”, the User will have access to all Needs.
(D) Pathfinders: access to guides on what to consider when buying items from a specific product family. In addition to the Pathfinder accessible when registering to the free Subscription Plan “TRY”, the User will have access to all Pathfinders.
(E) Comparator: access to a products comparator. In addition to compare the products accessible when registering to the free Subscription Plan “TRY”, the User will be able to compare all the products.
Offer: the electronic document or communication - possibly published online - containing the indication of the price and any other economic conditions applicable to the Service for its entire duration or for part of it.
1.2 The terms defined in the singular have the same meaning in the plural and vice versa.
2. Scope of application of the Special Conditions
These Special Conditions govern the supply of paid Services. These Conditions supplement the General Conditions for the use of the Services provided by SHN. Services are therefore subject to both these Special Conditions and the General Conditions.
3. Object of the contract
3.1 SHN allows the User to access the contents specified for each Service by subscription.
3.2 The Service also provides for the sending of one or more newsletters to the User, without prejudice to the User’s right to stop receiving one or more of them at any time, continuing to use the Service.
3.3 The Service can be purchased through the Site as defined in the General Conditions. The costs of the equipment and devices necessary for the use of the Service are the sole responsibility of the User.
3.4 The economic and billing relationship will be between the User and SHN, although SHN may use a third-party contractor for payment, in compliance with the terms and conditions that will be provided by the latter from time to time.
4. Acceptance of the contract
4.1 The User’s request to purchase a Service is equivalent to a proposal. The User’s proposal will be considered accepted, and therefore the contract accepted, at the time of activation of the Service by SHN.
4.2 SHN will confirm to the User that the Service has been activated by electronic communication via email or through any other channels available through the device used for the acceptance of the contract or the use of the Service.
4.3 By requesting the activation of the Service, the User declares to have read and accepted the contents of the Offer, as well as the General and Special Conditions applicable to the Service.
5.1 To use the Service, the User is required to pay SHN the fee specified in the Offer chosen by the User. The fees are always inclusive of VAT unless otherwise indicated.
5.2 The first payment will take place upon activation of the Service - unless otherwise indicated in the Offer - while the subsequent ones will be due upon renewal of the Offer to which the User has signed up and already paid.
5.3 The fees due by the User do not include any costs related to the internet connection necessary to use the Service provided by SHN. These costs are borne by the User and may vary according to the fares applied by the Internet operator chosen by the same User.
5.4 Payment can be made through any of the methods indicated by SHN when the User requests the Service. The methods are indicated in the Offer and include payment by credit card. Depending on the payment instrument chosen, the User undertakes to implement everything necessary to ensure the successful completion of the payment.
6. Suspension and termination of the Service
6.1 In the event that the payment of the amounts due to SHN is not successful, SHN reserves the right to temporarily suspend the provision of the Service until the time of actual payment.
6.2 It is understood that SHN will still be able to permanently suspend and/or terminate the provision of the Service if the User violates one or more of the provisions contained in the General or Special Conditions, without prejudice to the right to claim compensation for damages.
6.3 In cases of suspension or termination of the provision of the Service for reasons attributable to the User, the latter will not be entitled to any refund for the part of the Service not yet used.
7. Duration, renewal and deactivation of the Service
7.1 The activation of Service is intended for the period of time indicated in the applicable Offer (e.g. one year). Once User activated a Service, the contract will be renewed automatically for the applicable time period (e.g. from year to year) unless User notifies of the specific cancellation to SHN before to the expiration of the contract. SHN will send an e-mail in order to notify User in advance of the operation of the automatic renewal in accordance with the provisions of these Special Conditions so that User can decide whether to continue with the Service. Automatic renewal can be disabled at any time by User from his/her personal account. SHN will inform User in advance of any price changes that will be applied after renewal. SHN reserves the right to charge the fee with the same payment method used previously.
7.2 User will have the right to disable the Service at any time. To disable the Service and for more information about it, the User can contact SHN’s customer support at [email protected] or access the User profile section of his/her account. It is understood that the deactivation will take effect from the end of the current payment period based on the applicable Offer with the consequence that the sums due for this period cannot be refunded.
8. No right of withdrawal
8.1 AS SHN OFFERS DIGITAL SERVICES AND/OR CONTENTS THROUGH INTANGIBLE MEDIA, BY ENTERING INTO THE SPECIAL CONDITIONS USER EXPRESSLY CONSENTS AND ACKNOWLEDGES THAT HE/SHE THEREBY LOSES HIS/HER RIGHT OF WITHDRAWAL UPON STARTING TO VIEW OR DISPLAY THE SERVICES PURCHASED.
9.1 Despite the professionalism with which SHN takes care of the drafting and updating its contents, it is possible that they contain errors or are not updated. Therefore, the User is solely responsible for any activity undertaken on the basis of the data, information, news and content provided by SHN.
9.2 During the relationship SHN reserves the right to carry out maintenance interventions aimed at correcting and/or improving the performance of its Services. In these cases, the User will be informed of the date and duration of the interventions.
9.3 SHN will be able to update the applications through which use the Service in order to introduce new features and/or correct any bugs, defects or programming errors. The User undertakes to periodically check the release of updates of the aforementioned applications by SHN and to install them.
9.4 SHN will not be responsible for the unavailability of content attributable to defects or malfunctions of the Internet or due to events outside its reasonable control.
9.5 For any complaint concerning the operation of the Service, the User can contact SHN at the following address: [email protected]. In case User is not satisfied with the solution proposed, still in order to find an amicable solution, the User may access the web site http://ec.europa.eu/odr, which is available in any language of the European Union.
10. Security measures to protect contents
10.1 Without prejudice to the provisions of Article 7 of the General Conditions, the contents provided by SHN may be protected by specific electronic security measures aimed at guaranteeing their use within the limits and with the methods specified in the General and Special Conditions.
10.2 The User undertakes not to remove, disable, tamper with, alter and not to perform any other activity aimed at interfering with the correct functioning of the measures applied by SHN to protect its contents.
10.3 Violation of the above provisions will entitle SHN to immediately terminate the contract, without prejudice, in any case, to the right to claim compensation for the suffered damage.
11. Applicable law and jurisdiction
These Special Conditions are governed by Italian law. For any dispute related to their interpretation, performance or termination, the courts of the place of residence or domicile of the User, if consumer and if in Europe, will have jurisdiction pursuant to the applicable consumer protection legislation (in Italy, the Legislative Decree 206/2005 - Consumer Code).