Milex Smart Terms of Service


Before accepting the Agreement, you are supposed to read all contents of the Agreement thoroughly, and fully know its terms, especially restrictive clauses or exceptions. Restrictive clauses or exceptions are bold or highlighted in other forms to catch your attention. In case of any doubt about the terms of the Agreement, please contact the relevant business department of Milex Smart. You are not allowed to use the service before you have read and accepted all terms of the Agreement, relevant agreements and rules, etc. Once you select “agree and submit the Agreement” (see registration page for detailed wordings) and complete the registration procedure, or you use the service in any form, it will be deemed that you have read and agreed with the restriction of the Agreement and rules above. In case of any breach of the Agreement, Milex Smart has the right to unilaterally restrict, suspend or terminate the service for you, and has the right to investigate your relevant responsibilities.


The Service Agreement (hereinafter referred to as “the Agreement”) is signed by you and Homemark (PTY) Ltd. (hereinafter referred to as “Milex Smart” or “Homemark”). It includes (but is not limited to) the Privacy Policy of Milex Smart Platform and other contents. In case of change, Milex Smart will announce such change on its official website without further notification. Upon the announcement, the changed agreement and rules become a part of the Agreement automatically, without further notification to you for your consent. In case of objection to such relevant changes, stop using Milex Smart’s service; if you keep using it, it will be deemed that you hold no objections against the changed rules and agree to abide by them.

1.           Definitions of Terms

  • 1. Licensed software refers to software systems developed by Milex Smart, downloaded from the platform, and installed and applied in specified system mobile terminals.
  • 2. Services refer to services provided for you by Milex Smart. You can use such services on the mobile terminal with the licensed software.

     2.           Service

  • 1. Milex Smart offers you intelligent life equipment management services, based on which you can access the intelligent terminal on the Milex Smart Cloud Platform through the Milex Smart Control, and realize interlinkage among intelligent equipment. Service contents include intelligent equipment management, scene interlinkage and analysis report, etc. Such functions may be optimized or modified according to changes of users’ demands or judgment of service supplier, and service supply may be suspended due to regular and irregular maintenance.

     3.           Scope of Service

  • 1. Milex Smart grants you with the right to use the product based on this software.
  • 2. You are prohibited to license, sell, lease, transfer, issue the product in any form, or use the product for other commercial purpose.
  • 3. Due to limitations on software adaptation platform and terminals, you can only use the licensed software in the authorized system platform and terminal; if you install the licensed software on other terminal equipment, it may damage your hardware or software function.
  • 4. You acknowledge that the licensed software can only be used for non-commercial purpose and installation, application and running of the licensed software is prohibited. If such commercial operation is necessary, prior written authorization and permission from Milex Smart shall be obtained.
  • 5. Milex Smart may change, upgrade or transfer the licensed software or relevant functions from time to time, and may add new functions or services in the licensed software system. If no separate agreements are accompanied with the aforesaid new functions or services, you are entitled to the corresponding functions and services, which is also subject to the Agreement.
  • 6. You shall be responsible for the accuracy, reliability, integrity and legality of input data and legality of the way in which you obtain the data, and shall back up data and information from time to time. You shall bear all risks for damage and loss of such information.
  • 7. You shall properly keep your account number and password. In case of any safety loophole for your account(including but not limited to divulgence of user password), you shall notify Milex Smart in time, and Milex Smart will assist you in taking relevant measures. Otherwise, all behaviors related to your account shall be assumed by you and you will bear all responsibilities.

     4.           A Third Party

  • 1. You acknowledge that certain service of Milex Smart is based on software or services provided by a third party. Such service is set to facilitate your application and necessary legal authorization is obtained from the third party.
  • 2. The product includes certain information and services of the third party. Milex Smart neither controls nor bears responsibility for information and services of the third party.
  • 3. You acknowledge that Milex Smart cannot guarantee that the licensed software always uses or contains such services, or that other software provided by the same third party will be used in future. Likewise, it may use similar services supplied by another third party. Upon application, the aforesaid corresponding software or services are subject to this Agreement.

     5.           Service Application Standard

  • 1. You shall use the licensed software in a normal manner. The following ways are in breach of the application standard:
    • 1.1. Issue or share computer virus, worms, malicious codes, or software that deliberately damages or changes computer system or data;
    • 1.2. Collect information or data of other users without authorization, for example, email address and the like;
    • 1.3. Maliciously use the product in an automatic way, causing over load to the server, or interfere with or damage web server and network links in other forms.
    • 1.4. Attempt to visit server data or communication data of the product without authorization;
    • 1.5. Interfere with or damage the production application by other users.
  • 2. You understand and agree that:
    • 2.1. Milex Smart will determine whether or not you are involved in violation of standards above, and suspend or terminate your application license according to determination results or take other restrictions according to agreements.
    • 2.2. Milex Smart will directly delete information in breach of laws, or infringing others’ legal rights, or in breach of the Agreement issued by you when using the licensed software.
    • 2.3. If a third party suffers from damage due to your breach of application standards, you shall independently bear legal responsibility in your name, and protect and indemnify Milex Smart from losses or additional expenses generated therefrom. Otherwise, Milex Smart has the right to claim compensation.
    • 2.4. If Milex Smart suffers from any loss due to your breach of relevant laws or the Agreement, you shall compensate Milex Smart for losses and (or) expenses generated therefrom.

     6.           Information Content Standard

  • 1. You promise that you will not conduct any act in breach of laws or improper behaviours by using the service, such act and behaviour include (but not limited to):
    • 1.1. Uploading, transferring, or sharing information containing one of the following contents:
    • 1.2. Opposing the basic principles determined in the Constitution.
    • 1.3. Inciting national hatred and discrimination and sabotaging national unity;
    • 1.4. Spreading rumours, disturbing social order and destroying social stability;
    • 1.5. Spreading obscenity, porn, gambling, violence, murder and terror or abetting a crime;
    • 1.6. Insulting or slandering others and infringing on the legal rights and interests of others.
    • 1.7. Containing contents of sham, defraud, harm, threat, infringement to others’ privacy, harassment, infringement, slander, coarseness, indecency, or morally repulsive contents;
    • 1.8. Containing other contents restricted or forbidden by South African laws, regulations, rules, provisions and other legal standards.

     7.           Private Policy and Data

  • 1. It is crucial for Milex Smart to protect your personal information. Milex Smart prepares the Privacy Policy of Milex Smart Platform, in which contents related to ownership and protection of intellectual property, collection, use, share, storage and protection, etc. of your information are disclosed. You are suggested to thoroughly read the Privacy Policy of Milex Smart Platform.

     8.            Exception Clauses

  • 1. Unless otherwise specified in laws and regulations, Milex Smart will do its best to ensure the security, validity, accuracy and reliability of the licensed software and technologies and information involved, but Milex Smart is unable to guarantee the same due to restrictions by available technologies nowadays.
  • 2.
    You understand that Milex Smart will not assume responsibility for direct or indirect losses caused by force majeure and default of a third party.
  • 3. You shall be responsible for personnel injury or incidental or indirect injury caused by or related to one of the following accidents:
    • 3.1. A third party uses the licensed software or changes your data without permission;
    • 3.2. Expenses and losses produced by using the licensed software;
    • 3.3. Your misunderstanding of the licensed software;
    • 3.4. Other losses related to licensed software caused by reasons not attributable to Milex Smart.
    • 3.5. Any other licensed software-derived software not developed and released by Milex Smart or the development and release are not granted by Milex Smart is illegal software. Downloading, installing and using such software may cause unpredictable risks. Milex Smart shall be free from legal responsibilities and disputes generated therein and Milex Smart shall have the right to suspend or terminate the application license and/or other all services.
    • 3.6. You have been informed that the usage of Milex Smart Platform involves Internet service, which may be affected by unstable factors in all links. Although Milex Smart has taken safeguard measures, the service may be suspended, terminated, delayed, suffered from application restriction or application failure due to inherent defects of Internet and e-communication as well as factors beyond reasonable control of any party to the Agreement (including but not limited to fire, flood, terrorist attack, pestilence, natural disasters, riot, terminal virus, hacker attack, network fault and terminal fault). You hereby agree to bear foregoing risks and agree that Milex Smart is free from any responsibility when normal running of services are influenced by the occurrence of foregoing risks.

     9.           Agreement Termination and Breach of Agreement

  • 1. You should understand that you shall use the licensed software according to authorization scope, respect intellectual property of software and contents contained in the software, and perform obligations according to the Agreement when using Milex Smart’s services. Milex Smart will terminate the application license if you are in material breach of the Agreement.
  • 2. Your application of the software relies on supporting services supplied by Milex Smart’s related companies. Breach of terms, agreements, rules, annunciation and other relevant regulations of Milex Smart and its related companies may cause failure in normal usage of licensed software, in which case, Milex Smart shall be entitled to terminate the application license or take measures to restrain your application license or other rights and interests controlled by Milex Smart as agreed in the Agreement, including suspension or termination of your application license.
  • 3. In case of your breach of the Agreement or other agreements signed with Milex Smart, Milex Smart shall have the right to notify the related companies, requiring them to take restrictive measures to your rights and interests, including requiring related companies to suspend or terminate supplying part or whole services for you, and legally announce your breach of agreement on websites run or actually controlled by them.
  • 4. The licensed software is downloaded from the downloading platform and you shall abide by stipulations of the download platform, system platform and terminal manufacturer on application ways and restrictions of the licensed software. If the above-mentioned third party confirms that you are in breach of the agreement and Milex Smart’s treatment is required, Milex Smart may terminate your application license at the third party’s request.
  • 5. When the application license terminates, you shall stop using the licensed software and destroy all copies.
  • 6. You must bear all compensation responsibilities if Milex Smart and other users suffer from losses caused by your breach of terms in the Agreement.

 10.           Governing Laws and Severability

  • 1. Effectiveness, explanation, change, execution and dispute settlement of the Agreement are subject to the laws of the Republic of South Africa. If no relevant laws and regulations are available, reference to generally international business practices and (or) industrial practices shall be made.
  • 2. Disputes arising from or in connection with the Agreement may be settled by you and Homemark. through friendly negotiation or submitted to the appropriate South African mediator where the Agreement is signed for adjudication.
  • 3. When any term of the Agreement is judged to be invalid by the South African mediator, it will not influence the effectiveness of other terms or any part thereof, and you and Homemark shall perform the valid terms in good faith.
  • 4. The Agreement is signed in Johannesburg, Gauteng, South Africa. The agreement is deemed accepted and agreed to by the user upon the registration of an account on the Milex Smart platform. The acceptance of this agreement signifies that the user is duly authorized to enter into this Agreement on behalf of themselves or the entity they represent, if applicable. The agreement is considered binding and effective as of the date of registration.


What are you looking for?

Your cart