These terms and conditions govern the LiveSmart. (“LiveSmart”, “we”, “us” and “our”) smart home program (the “Program”) for the smart home product in-home consultation and installation of a Nest E Thermostat, Nest3rd Gen, Ecobee Thermostats (the “Thermostat”) at your home (the “Property”) at no cost to you.
The Thermostat is available on a first-come, first-serve basis. Only one (1) Thermostat per primary residence will be installed.
These terms and conditions are subject to change at any time without prior notice. The Program is available while Thermostats last and LiveSmart may terminate the Program at any time in its sole discretion. This website may be terminated at any time in our sole discretion and we will not be liable if for any reason all or any part of the website is unavailable at any time or for any period.
To participate in the Program:
(i) you must be the legal age of majority in your province or territory of residence; (ii) you must be the lawful homeowner of a single detached, semi-detached or townhouse; and (iii) you must allow a representative of LiveSmart to come to your Property, during reasonable hours and upon prior notice to and consent by you, to perform the smart home consultation and install the Nest Product.
You acknowledge and agree that your participation in the Program is based on your assessment of the Program and is not based on any reliance on anticipated or projected results.
2. In-Home Consultation and Installation
You authorize a representative of LiveSmart to enter your Property, during reasonable hours and upon prior notice to and consent by you, for the purposes of: (i) the installation of the Thermostat at your Property; (ii) the performance of an in-home consultation for any additional rental programs that are available at the time; and (iii) a survey to assess solutions for your Property.
The consultation will be performed in a prompt and timely manner by an LiveSmart representative.
Following the consultation, we will install the Thermostat at your Property provided you qualify. You acknowledge that you may be required to execute additional documents in order for LiveSmart to complete the installation of the Thermostat at your Property.
Following installation of the Thermostat at your Property, you authorize us to automatically register your Thermostat with the manufacturer on your behalf, which includes registration of the product warranty and indication that LiveSmart was the professional installer.
3. Use of Thermostat
You are responsible for the use of the Thermostat in accordance with the manufacturer’s specifications and the Thermostat’s intended purpose. You understand that any improper use may result in injury or damage. LiveSmart is not the manufacturer and is not responsible for any warranties or service in respect of the Thermostat.
Except as expressly set forth in these term and conditions, LiveSmart makes no representation or warranty, either written or oral, express or implied, statutory or otherwise, with respect to the Thermostat or its manufacturer, or with respect to the Thermostat’s adequacy, safety, workmanship, quality, legal compliance, fitness, accuracy, or suitability for any purpose, and to the extent permitted by applicable law, LiveSmart shall not be liable for any loss or damage arising from the installation or use of the Thermostat.
If the Thermostat does not operate as indicated by the manufacturer or is unsatisfactory for any reason, you shall have no recourse against LiveSmart and LiveSmart shall have no obligation to replace the Thermostat (or any deficient part thereof) or remove the Thermostat from your Property.
4. Force Majeure.
LiveSmart shall not be liable for delays or failure to install the Thermostat or perform any obligations here-under in the event of causes beyond LiveSmart’s control, whether or not such causes are provided for specifically herein, provided however that LiveSmart will notify you as soon as reasonably possible in the event of any delay in the installation of the Thermostat on your scheduled installation date.
You acknowledge and agree that you will be required to agree to separate terms and conditions and privacy policies relating to the operation of your Thermostat once installed, including if you choose to register for the Thermostat’s mobile application on any device(s) connected to the Thermostat.
You agree to defend, indemnify and hold harmless LiveSmart, its subsidiaries, affiliates, successors or assigns and their respective directors, officers, shareholders, employees, service providers, agents, and representatives (the “Indemnitees”) from all claims, demands, losses, liabilities, costs, expenses, obligations and damages,
including reasonable legal fees, arising from or related to the consultation or the installation and use of the Thermostat, whether such use is in accordance with the manufacturer’s instructions or otherwise, and, to the extent permitted by applicable law, you hereby release the Indemnitees of, from and against any of the foregoing. This indemnification shall survive the termination of these terms and conditions and of the Program.
7. Governing Law.
Except to the extent that the laws of the province or territory in which you reside require that the laws of such province or territory apply to these terms and conditions and the Program offered herein, this website and these terms and conditions shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule.