Terms and Conditions

Introduction

In these Terms and Conditions, the following words bear the following meanings ascribed to them:

“Snuza”, “us”, “we” and “our” means Snuza International (Pty) Ltd, registration number 2015/391313/07, a private company with limited liability duly incorporated in accordance with the laws of the Republic of South Africa, and its affiliate companies; 

“Snuza app” means any mobile or web-based application developed by us from time to time in connection with any Snuza product or Snuza service;

“Snuza product” means any products manufactured and/or sold by us; 

“Snuza service” means any cloud-based, analytical or other service offered by us through our Snuza app or Snuza website; 

“Snuza website” means our website accessible at www.snuza.com; and 

“you” means the person accessing or using the Snuza website, the Snuza app and/or purchasing a Snuza product or a Snuza service.

These Terms and Conditions should be read with our Privacy Policy and Disclaimer and can be accessed at www.snuza.com and through our Snuza app. You will be requested to indicate your agreement to these Terms and Conditions when you register an account with us and/or purchase any Snuza product or Snuza service from us, upon which these Terms and Conditions will become binding and enforceable against you. If you represent a juristic person, you warrant that you are duly authorised to bind such juristic person to these Terms and Conditions. 

If you do not agree to these Terms and Conditions, you should not use the Snuza website, app or purchase any Snuza product or Snuza service from us.

These Terms and Conditions will be governed by and construed in accordance with the laws of the Republic of South Africa. Your use of the Snuza website and/or Snuza app constitutes your agreement to the jurisdiction of the South African courts in respect of all matters regulated by these Terms and Conditions. 

We acknowledge that you may be a resident of a country that has laws requiring that consumer agreements are governed by the laws applicable to you, as the consumer, in which case this provision does not override any such laws.

Consumer PROTECTION

Your attention is drawn to provisions highlighted in blue in these Terms and Conditions which may – 

• limit our risk or liability, or the risk or liability of a third party; and/or 

constitute an assumption of risk or liability for you; and/or

oblige you to indemnity us or a third party; and/or 

serve as an acknowledgment of fact by you. 

Every effort has been made to ensure that these Terms and Conditions are expressed in plain language. You are invited to request us to explain any provision of these Terms and Conditions to you before you accept these Terms and Conditions. Requests can be made by email to info@snuza.com or telephonically at +21 21 461 8530.

Third party suppliers

Depending on your location, we may refer you to a third party supplier or third party website to facilitate your purchase of your desired Snuza product or Snuza service. 

We are not in control of any such third party website or third party supplier and bear no responsibility in relation to your use of any third party website or your purchase of a Snuza product or Snuza service from a third party supplier except to the extent that applicable laws provide otherwise.

Should you purchase a Snuza product or a Snuza service from a third party supplier, the sale and purchase of sch Snuza product and/or your subscription to such Snuza service will be governed by the terms and conditions agreed to between you and the third party supplier. We will not be a party to the sale and/or service agreement and will bear no obligations to you in relation to the sale and/or service. 

The provisions of these Terms and Conditions relating to placing orders, payment, delivery, refunds and returns will not apply to the purchase of Snuza products or Snuza services from third party suppliers except where such provisions or applicable laws expressly provide otherwise. 

Registering an account with us

To place an order for a Snuza product or a Snuza service through our website, you will be required to register an account with us. We do not charge you for registering an account. 

By registering an account with us and/or purchasing a Snuza product or Snuza service, you warrant to us that you are at least 18 years of age and have full legal capacity to enter into binding contracts or that you are acting with the consent and assistance of your parent or legal guardian. 

You are required to provide a unique username and password and provide certain personal information to us in order to successfully register your account. Please refer to our privacy policy, which can be accessed at www.snuza.com/privacy-policy/, for details on how we protect and process your personal information. 

You will be responsible for protecting and safeguarding your username and password. You agree that you will not be allowed access to your account with us unless you provide your correct username and password. 

You agree that you will be responsible for the payment of all orders for Snuza products and Snuza services processed on your account where your account has been accessed with the correct username and password, even if such access and such orders were not authorised by you. 

You undertake to notify us immediately upon becoming aware of any suspicious activity on your account. Upon receipt of such notification, we are entitled but not obliged to take all such actions as we consider appropriate, including disabling your account. We will not be liable for any loss or damages suffered by you as a result of any such unauthorised access. 

Your use of the Snuza website and the Snuza apps is subject to our disclaimer which can be accessed at https://www.snuza.com/disclaimer/. 

placing orders 

You may place an order for any Snuza product offered by us on our Snuza website or Snuza app, which we may accept in our sole discretion. You acknowledge that our acceptance of your order may be dependent on the availability of your desired Snuza product. 

You acknowledge that placing any Snuza product in the online basket or wish list does not constitute a valid order. Your order will be confirmed, and an agreement of sale will become effective between you and us, only once your payment has been successfully processed and we notify you by email that your order has been accepted by us. 

Until your order has been confirmed, you acknowledge that the prices and availability of your desired Snuza product may change, even if such Snuza products have been placed in your online basket or wish list. 

You may cancel your order at any time prior to the delivery of the Snuza product to you. If we have already incurred delivery fees in relation to your order, we will be entitled to recover these fees from you. Once your Snuza products have been delivered to you, you may cancel the sale agreement between us in accordance with our Refunds and Returns policy set out below. 

You will be entitled to a full refund of any amounts paid by you if the Snuza product you ordered is no longer available following our acceptance of your order. 

payment 

You may elect to pay for your desired Snuza product by using our secure and encrypted online payment platform. 

In the event that we process your order and deliver your Snuza product to you despite your non-payment or failed payment of the purchase price, or part thereof, you undertake to pay us the full purchase price within two working days of the submission of your order. We will be entitled to charge you interest on any arrear amounts owing to us at the maximum prescribed rate applicable at law. 

We accept no liability or responsibility for the payments made to third party suppliers of Snuza products. You are advised to consult the terms and conditions regulating your sale with such third party supplier. 

delivery

We deliver your Snuza products to you by courier. Delivery by standard shipping (2 to 3 days) is free within your country of purchase. We may charge you an additional fee for express delivery. 

We undertake to ensure that your Snuza products are delivered to you as soon as reasonably possible. We will notify you of any expected delay in delivery due to circumstances out of our control. We will not accept any liability for the delivery of any Snuza product outside of the estimated timeframes for delivery as a result of circumstances out of our control. 

Ownership and risk in and to the Snuza product will pass to you upon delivery of the Snuza product to you. Our obligation to deliver your Snuza products is fulfilled once the Snuza products are delivered to the physical address provided by you. We are not responsible for any loss or unauthorised use of your Snuza products that may take place after delivery. 

Where you purchase a Snuza product from a third party supplier, delivery will be regulated by the terms and conditions governing your sale with the third party supplier and we will accept no responsibility or liability in relation to such delivery. 

returns and refunds

Where you purchase a Snuza product from a third party supplier, returns and refunds will be regulated by the terms and conditions governing your sale with the third party supplier. Snuza will not be responsible or liable to you for the return or refund of any such Snuza product and you are requested to liaise directly with your supplier. 

If you purchased your Snuza product in South Africa directly from us through our Snuza website or Snuza app and you are not satisfied with your Snuza product, you may return your Snuza product to us at no charge and we will refund you the full purchase price paid, provided that – the Snuza product in question is undamaged, unused and is in its original packaging; and you notify us of your return within 10 working days of your delivery by email to info@snuza.com or telephonically at +21 21 461 8530. 

If your Snuza product is damaged at the time of delivery, you are requested to notify us within two working days of delivery by emailing us at info@snuza.com or contacting us telephonically at +21 21 461 8530. We will arrange to collect the damaged Snuza product from you at no charge. Once we have inspected the Snuza product and verified the return, we will replace the Snuza product or provide you with a refund of the purchase price paid, at your election.

SNUZA PRODUCT WARRANTY

Your Snuza product comes with a limited 12 month warranty, applicable to all countries in which the Snuza product is supplied. 

We warrant to you that your Snuza product will be free from defects, in good working order and reasonably suitable for the purpose for which it is intended for a period of 12 months from the original date of purchase, as verified by a sales receipt. 

If your Snuza product is defective and this warranty is applicable, please notify us as soon as possible and we will repair (if possible) or replace your Snuza product at no cost to you or refund you the purchase price paid by you, at your election. 

We will not be liable under this product warranty if the Snuza product is defective due to incorrect use or application, tampering, misuse, or due to any damage caused by you. 

second hand Snuza products

Snuza products are designed for single-patient use. We do not recommend the purchase of any second hand Snuza products due to health and hygiene reasons. 

If you intend purchasing a Snuza product from a third party supplier, we advise you take all reasonable steps to verify that you are purchasing a new and un-used Snuza product. You are welcome to contact us for assistance in verifying whether a Snuza product for sale by a third party supplier is new or used. 

To the fullest extent permitted by applicable laws, we do not accept any liability or responsibility for any damages, costs, injuries, deaths or any losses of whatsoever nature or howsoever arising in relation to any Snuza products purchased on a second hand basis. 

Snuza services

Once you have registered an account with us, you may sign up to use the Snuza services on the Snuza app or the Snuza website. Your subscription to our services is subject to the payment of a monthly subscription fee. You will be requested to provide us with the details of your chosen method of payment and your subscription will commence as soon as the first monthly payment is processed and we send you a receipt by email confirming that your subscription has been successful.

Your subscription will automatically renew each month until it expires and/or is cancelled by you. You authorise us to store your payment information and to charge you automatically each month until your subscription expires and/or is cancelled by you. 

Where applicable, we will charge you the subscription price plus applicable tax (save where such tax is included in the subscription price). 

We are entitled to suspend your subscription to the Snuza services immediately if any monthly subscription payment fails for any reason whatsoever. 

You may cancel your subscription to the Snuza services at any time prior to the following monthly billing period via your account or by contacting us by email at info@snuza.com or telephonically at +21 21 461 8530. 

Where you subscribe for Snuza services with a third party supplier, the provision of such Snuza services will be governed by the terms and conditions agreed to by you and the third party supplier. We are not a party to this service agreement and will not accept any responsibility or liability in relation to the provision of such services. 

Limitation of liability

We will take all reasonable efforts to ensure that all information and prices displayed on our Snuza website or Snuza app are up to date and correct. 

We will not be liable for any losses, damages, costs or claims of whatsoever nature arising from any incorrect information displayed on our Snuza website or Snuza app, or from your access to or use of the Snuza website, Snuza app, Snuza products or Snuza services, save due to our gross negligence or intentional conduct. 

You hereby indemnify Snuza to the fullest extent permitted by law against any loss, damage, costs or claims of whatsoever nature which you may incur in connection with your access to and use of the Snuza website and Snuza app, including any links to third party websites. 

You acknowledge that our Snuza products and Snuza services are designed to assist you in monitoring or tracking your child’s breathing and/or movements and/or functions. Snuza products are not intended to be a substitute for checking on your child regularly or taking all reasonable and necessary precautions to ensure your child is able to breathe freely and is safe from any hazards that may pose a risk to the health and safety of your child. 

You agree that your use of a Snuza product or Snuza service is entirely at your own risk. To the fullest extent permissible by law, we will not be responsible or liable for any death, disability, injury, loss or damages arising from or in connection with the use or application of any Snuza product. 

Amendments to these Terms and Conditions

We are entitled to amend or revise these Terms and Conditions at any time without notice to you. 

Any changes to these Terms and Conditions will become effective and binding upon you when you continue to use the Snuza website or the Snuza app or continue to purchase Snuza products or Snuza services from us after such changes are made. You are accordingly advised to review our Terms and Conditions each time you access the Snuza website or the Snuza app. 

Intellectual property

The contents of the Snuza website and the Snuza app, including all material, information, trade marks, designs, trade names, logos, digital content or any other content or material displayed or available thereon, are the property of Snuza and its affiliates. 

You will not acquire any right, title or interest in or to the Snuza website, the Snuza app or any content thereof at any time. 

Any use, distribution or reproduction of any such material or content is prohibited unless expressly authorised by us or provided for in law. 

complaints

• We strive to provide you with products and services of a high quality. If at any time you are unsatisfied with your Snuza experience, we request that you submit your complaint to us by email to info@snuza.com or telephonically at +21 21 461 8530.