HOME+ TERMS AND CONDITIONS
INTRODUCTION
Welcome to the terms and conditions (“User Terms“) applicable to Plus Ecosystem Ventures Proprietary Limited (Registration No. 2022/321528/07) t/a Home+ (“Home+”, “we”, “us”, “our”). These User Terms apply when you:
- visit and/or use our website homeplus.africa (“Website“) and/or our mobile application (“Application”);
- use any of our services, including where you request the provision services from our third party suppliers (“Suppliers“) via our Website or Application (“Services”);
- interact with us or when we provide you with any information, recommendations and/or ancillary services.
- “Collective Content” means, collectively, Home+ Content and User Content.
- “Content” means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software, opinions, remarks, comments, artwork, links, questions, suggestions, information or other materials.
- “Home+ Content” means Content owned or used by Home+, its affiliates or licensors and made available through the Website, Service or Application, including any Content licensed from a third party, but excluding User Content.
- “User” means a person who accesses or uses the Services.
- “User Content” means Content that a User posts, uploads, publishes, submits or transmits to be made available on the Website, Application or through the Services.
- You will only use the Services for your sole, personal use (or for use by an entity which you are duly authorised to represent) and that you will not resell (or attempt to resell) any aspect of the Services to a third party;
- You may not access the Services by any other means than those officially permitted by us;
- You will not authorise others to use your Home+ account. In the case of an entity, only authorised personnel may use the entity’s account;
- You will not assign or otherwise transfer your account to any other person or legal entity;
- You will not, without appropriate authorisation, use (or attempt to use) an account that is subject to any rights of a person other than you;
- You will not use (or attempt to use) the Services for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
- You may not submit any violent, nude, racial, discriminatory, unlawful, infringing, hateful, pornographic, sexually offensive or suggestive material, or any other offending information through the Services or direct any unwanted messages, comments, or other harassing communications to any person;
- You will not use (or attempt to use) the Services to cause nuisance, annoyance or inconvenience to any person;
- You will not impair (or attempt to impair) the proper operation of the network;
- You will not do anything which has the potential to harm the Services in any way whatsoever;
- You will not copy or distribute any aspect of the Services or other Home+ Content without written permission from Home+;
- You will keep secure and confidential your account details;
- You will provide us with whatever information and/or proof (including, for example, proof of your identity) which we may reasonably request;
- You are aware that when requesting Services by SMS (if available), standard messaging charges will apply;
- You will not use the Services with an incompatible or unauthorised device; and
- You will comply with all applicable laws while using the Services.
- your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein;
- your violation of any rights of any third party, including Suppliers arranged via the Services, or
- your use or misuse of the Services.
- to view, download and print any Home+ Content solely for your personal and non-commercial purposes; and
- to view any User Content to which you are permitted access solely for your personal and non-commercial purposes.
- license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make the Services available to any third party in any way;
- modify or make derivative works based upon the Services;
- create Internet “links” to the Services or “frame” or “mirror” any part of the Services on any other server or wireless or Internet-based device;
- reverse engineer or access the Application or the Website in order to:
- design or build a competitive product or service;
- design or build a product using similar ideas, features, functions or graphics;
- copy any ideas, features, functions or graphics of the Services; or
- launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services.
- send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
- send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights;
- send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
- interfere with or disrupt the integrity or performance of the Website, the Application or Service or the data contained therein; or
- attempt to gain unauthorized access to the Website, the Application or Services or its related systems or networks.
- on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and
- as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Home+ reserves all rights in and to the Application not expressly granted to you under these User Terms.
- these User Terms are valid between you and Home+ only, and not Apple, and
- your use of the App Store Sourced Application must comply with the App Store Terms of Service.
- product liability claims;
- any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and
- claims arising under consumer protection or similar legislation.
- if you violate or breach any term of these User Terms, or
- in the opinion of Home+, you misuse the Services.
- for any reason or cause and in its sole discretion.
- Any dispute arising from or in connection with these User Terms shall (with the exception of urgent relief from a court of competent jurisdiction) in the first instance be referred to the respective Chief Executive officers of the parties, failing whom, their respective equivalents or nominees (“CEO’s”). Should the CEO’s be unable to resolve the dispute within 7 days after the referral of the dispute to them, the dispute shall, at the request of any party to the dispute, be dealt with as provided below in clause 2.
- Any dispute arising from or in connection with these User Terms, which has not been resolved pursuant to clause 1 above, shall be finally resolved in accordance with the rules of the Arbitration Foundation of Southern Africa (“AFSA”) by an arbitrator agreed to between the parties and failing such agreement within three days of a request therefore by a party, an arbitrator appointed by AFSA.
- The parties irrevocably agree with each other and undertake that any award, decision or finding which may be made by the arbitrator, shall be final and binding upon them, shall be carried into effect and / or may be made an order of court on the application of any party to the arbitration proceedings.
- The seat of the Arbitration shall be in Cape Town
HOME+ REFERRAL PROGRAM (ALSO REFERRED TO AS “REFER A FRIEND”)
- The Referral Program is only available to existing users of the Plus Ecosystem Ventures (Pty) Ltd (t/a Home+) who have registered with a valid email address and phone number (a “Referer”).
- To participate in the Referral Program, users must provide the referral code to their friends, family, colleagues or acquaintances (a “Referred Party”) and ask them to type in the code into the referral code field upon signing up for the app.
- A voucher will be provided to the Referred Party for use on their first repair or maintenance job through Home+.
- A voucher will be awarded to the Referrer upon completion of the referred party’s first repair or maintenance job through the Home+ app (the “Referral Bonus”).
- Referral Bonuses and vouchers are subject to change and may be modified or discontinued at any time without notice.
- The Referral Code can only be used once per Referred Party.
- Referral Bonuses and vouchers are not transferable and have no cash value.
- The Referral Program will become void if it becomes prohibited by law.
- Employees of the company and their immediate family members are not eligible to participate in the Referral Program.
- Home+ reserves the right to terminate or suspend any user’s participation in the Referral Program at any time if it suspects any fraud or misconduct.
- Home+ reserves the right to terminate the Referral Program at any time and for any reason.
- By participating in the Referral Program, users agree to these terms and conditions and the company’s privacy policy.