1. Welcome

1.1 These Customer Terms & Conditions (“the Terms”) apply to your use of our website at www.dideye.co.za (“the Website”) and our DIDEYETM application software (“the App”). They also govern your purchase and use of our DIDEYETM sensor (“the Products”) and related delivery, installation and subscription services (“the Services”) via the Website or App.

1.2 The Website, App, Products and Services are owned and offered by IOT Concepts (Pty) Ltd (Reg. No: 2021/545226/07), a private company of limited liability incorporated in accordance with the laws of the Republic of South Africa and which carries on business at 98 Haywood Road, Rondebosch East, Cape Town, South Africa, 7780. 

1.3 We reserve the right to amend these Terms at any time without notice. Your ongoing use of our Website, App, Products and Services shall constitute your acceptance of these Terms, as amended from time to time. 

1.4 For any questions or queries, please contact us.

2. Capacity

2.1 Our Products and Services (including our App) are available for use and/or purchase (where applicable) by customers over the age of 18.

3. Website & App

3.1 You are granted a licence to use our Website and App on a limited, non-exclusive, non-transferable basis, without any rights to sub-licence, and solely in connection with your lawful, private, personal, non-commercial use of our Products and Services in accordance with these Terms.

3.2 You warrant that you will only use our Website or App in relation to Products and Services purchased from us on a device owned and/or controlled by you.

3.3 All text, logos, images, audio-visual and other content on our Website and App including the Website and App software are owned by or licensed to us. Unauthorised copying, use, adaptation or distribution of our content or selling, modifying, decompiling, disassembling or reverse engineering our software is strictly prohibited.

3.4 When you register on our Website or App, you will be responsible for keeping your username and password confidential. We accept no responsibility for any use of our Website and App under your username and password by any unauthorised person.

3.5 Under no circumstances may any device, software or other equipment be used by you to interfere with the operation, display, functionality, security or integrity of our Website or App.

3.6 We may place links to third party websites or apps on our Website or App. We take all reasonable steps to ensure that such websites or apps are reputable. We do not however accept any responsibility for their quality, safe usage or availability of service.

3.7 Customers outside South Africa who access our Website and App must ensure that such use is compliant with their local laws.

3.8 Use of our Website or App must be done in compliance with all applicable laws including any export laws and exchange control regulations.

3.9 You agree not to post any comments or reviews or distribute any content on our Website, App or any social media pages, sites or accounts used by us that are disparaging, defamatory, offensive, discriminatory or in any other way unlawful. Any comments or reviews posted by users on our Website, App or any social media pages, sites or accounts are their opinions alone and do not represent our views or opinions in any way

3.10 There is no charge for downloading our App. User registration is required in order to (i) access information about our Products and Services within the App and (ii) to receive notifications from installed Products purchased with a subscription Service. You are responsible for all power supply, connectivity and other charges related to your use of our Website or App on any device. We also do not accept any responsibility for any disconnection, interruption, interception, monitoring or other error in communication caused by your power supply, connectivity devices and/or service providers.

3.11 Please ensure that you use the latest version of our App. We do not accept any responsibility for any problems relating to your use of an outdated version of our App.

3.12 Please delete our App from your mobile device should you not wish to benefit from our Services via the App.

4. Products and Services

4.1 Availability and Price

4.1.1 Our Products and Services are currently only available for purchase, delivery and installation in South Africa. All Products are subject to availability.

4.1.2 Prices are quoted in South African Rands and include value-added tax (where applicable).

4.1.3 We may change or correct any price of our Products and Services without notice.

4.1.4 The packaging of our Products may vary from what is displayed on our Website or App.

4.1.5 We reserve the right to discontinue or change our Products and Services at any time without notice or any liability. 

4.1.6 Our subscription Services are offered on a pre-paid, fixed-term basis and will commence upon successful installation and activation of the Products by our nominated service providers (see clause 4.6 for more information in this regard).

4.2 Agreement of Sale

4.2.1 A binding agreement for the sale of any Products and Services is created between us when we send you a confirmed order (defined in clause 4.3.2 below) by email. 

4.3 Orders

4.3.1 Please register on our Website or App in order to place your order for our Products and Services.

4.3.2 Any order placed by you (“an unconfirmed order”) is not binding on us until we have confirmed acceptance of the order to you by email. Our email confirmation of the order renders it a “confirmed order”. We reserve the right to cancel any unconfirmed orders at our sole discretion including when Products are out of stock, prices or specifications of our Products are incorrectly displayed on our Website or App or payment is for any reason not received.

4.3.3 Payments received in respect of any cancelled unconfirmed orders will be refunded via the same method of payment used by you to pay for the Products and Services.

4.3.4 You may cancel your unconfirmed or confirmed order for our Products and Services at any stage prior to the date of delivery, which date will be confirmed to you via email. After delivery and installation, the provisions of the Warranty & Returns clause (set out in clause 4.8 below) applies.

4.3.5 We accept no responsibility for any incorrect confirmed orders placed by you. Any cancellation or refund is subject to these Terms. 

4.4 Payments

4.4.1 Payments for our Products and Services may be made by way of electronic funds transfer or payment card.

4.4.2 We use the services of a reputable third party service provider to facilitate secure payments on our Website and App. We are not responsible for any payment errors, delays or interceptions caused by your use of the third party payment system.

4.4.3 You warrant that you are the authorised user of the payment card used to pay for the Products and Services via our Website or App.

4.4.4 Your order will only be prepared for despatch upon our receipt of payment and once you receive a confirmed order (defined in clause 4.3.2 above) from us by email.

4.5 Cooling-Off Period & Refund

4.5.1 Notwithstanding any other provision of clause 4 of these Terms, if you are a natural person (not a company, close corporation, trust or association) and you purchased our Products and Services by way of an electronic transaction via our Website or App as an end user, you may cancel your unconfirmed or confirmed order via our Website or App in terms of section 44 of the Electronic Communications & Transactions Act, 2002 without reason or penalty within 7 days of your receipt of our Products and Services but only on condition that the Products are still unused and sealed in their original packaging and the Services (installation and subscription) have not commenced with your consent within the 7 day period.

4.5.2 We are permitted to reasonable charge a cost for collection of the Products from you if you are unable to return the Products to us.

4.5.3 We are required to refund you within 30 days of your date of cancellation.

 

4.6 Delivery & Installation

4.6.1 Free delivery is offered on all orders with a delivery address in Cape Town within a 10km radius of our offices in Rondebosch (described in clause 1.2 above). All deliveries beyond 10km radius will be subject to a delivery fee on which you will be quoted before checkout.

4.6.2 We currently only offer Products which require installation by our approved service providers. You will receive a quote for the installation fee of the Products ordered by you before checkout.

4.6.3 The Products will be delivered and installed by our approved service providers within    7 – 21 business days of receipt of payment, subject to the service providers’ availability.

4.6.4 Delivery and installation times are Monday to Friday, 09h00 to 18h00. Special arrangements may be agreed upon for weekend installation, subject to an additional charge.

4.6.5 Our subscription Services will commence upon successful installation and activation of the Products by our approved service providers. A Product is successfully activated when it transmits “open” and “closed” signals to the App on your mobile phone.

4.6.6 We accept no responsibility for any delivery delays caused by circumstances beyond our control including for eg. severe weather conditions, failure by third party service providers to comply with their obligations to us or any incorrect delivery address provided by you. Any repeat delivery needed to a correct address will be charged for.

4.7 Ownership & Risk

4.7.1 Ownership and risk in the Products shall pass to you on their installation and successful activation by our approved service providers at your nominated address. A Product is successfully activated when it transmits “open” and “closed” signals to the App on your mobile phone. The subscription Service will also commence upon successful activation of the Product(s).

4.8 Product & Service Warranty & Repairs

4.8.1 We warrant our Products against any defects for a period of 6 months of normal household or business use after successful installation (defined in clause 4.6.5 above). Our repair Services are warranted for a period of 3 months.

4.8.2 If you are a consumer for purposes of the Consumer Protection Act, 2008 (“CPA”), you may:

4.8.2.1 within the 6-month Product implied warranty period, request a repair, replacement or refund of any Product that is defective or faulty or otherwise does not meet the requirements of the CPA, at no additional charge; or

4.8.2.2 if a repaired Product is still faulty after 3 months, you may request that we replace the Product or refund you the purchase price. 

4.8.3 If you request a Product refund under clause 4.8.2 above, you will also be refunded the unutilized portion of your subscription Services.

4.8.4 Please log any damage or faults relating to our Products and/or Services via our Website or App or contact us.

4.8.5 Under no circumstances may any device, software or other equipment be used by you to interfere with the installation, operation, display, functionality, security or integrity of our Products. 

4.8.6 Only our approved service providers may attend to any Product damage or repair.

4.8.7 We will attend to the repairs as soon as possible after your acceptance of our quote.  

4.8.8 We reserve the right to refuse repairs to any Product which we, in our sole discretion, determine not to be readily or safely accessible, or if the Product has been tampered with by you or any third party. 

4.8.9 All invoices for repairs or replacement Products must be paid on presentation to you of our tax invoice. 

4.9 Termination of Services

4.9.1 We reserve the right to terminate your Services (including your access to our App) in the event that you do not comply with any of your obligations in these Terms. You will in such circumstances be refunded the unutilized portion of your subscription Services.

5. Privacy

5.1 We care about your privacy and are committed to protecting your personal information. Please refer to our Privacy Notice (which forms part of these Terms) for how we process your personal information.

6. Risk and Exclusion of Liability

6.1 Our Website, App, Products and Services are available “as is” and their use is entirely at your own risk. We do not warrant that they will meet your expectations, provide or improve your security, are fit for purpose, or that such use (including any Service notifications) will be timeously received, uninterrupted, secure, error or virus-free. 

6.2 Except as stated elsewhere in these Terms or as prescribed by law, we accept no responsibility, nor are we liable to you in any way, for any claim, loss or damage whether direct, indirect, special or consequential in nature (including loss of profit or loss of data) arising out of your purchase or use of our Website, App, Products and Services and, to the extent permitted in law, you indemnify us against any such loss, damage or claim suffered by you or any third party due to such purchase or use. 

7. Applicable law

7.1 These Terms are governed by the laws of the Republic of South Africa. 

8. Customer Service

8.1 Please contact us in the event that you have any request, query or complaint regarding our Website, App, Products, Services or these Terms. 

9. Dispute Resolution

9.1 If we are unable to resolve any complaint to your satisfaction after all reasonable attempts have been made by us to do so, these Terms do not in any way restrict your rights to take whatever steps you feel necessary to protect your interests including lodging a complaint with any dispute resolution body, ombud or consumer protection authority.