PLEASE READ THE
FOLLOWING TERMS AND CONDITIONS CAREFULLY.
These
terms and conditions (the "Terms") govern your use of any support
services (the ÒServicesÓ) provided by Samsung and its subsidiaries, affiliates
and contractors including DSSC Europe Limited (referred to as "we",
"our", or "us"). By accessing or using the Services via
telephone, e-mail, online chat or a remote access tool, you (referred to as
"you" or "your" including any person or any legal entity
that you authorized to represent you) and other users of the Services
(collectively, "Users") agree to the Terms. If, at your request, we
agree to send our employees or representatives to your place of business or
other location, designated by you and agreed to by us, in order to provide you
with the Services, then these Terms shall also govern such provision of
Services.
You represent and warrant to us that (a) you are at least 18 years old; (b) you
have the right capacity and authorization necessary to legally bind yourself to
the Terms; (c) you have read and agreed to the Terms, (d) you will comply with
all treaties, laws, rules and regulations applicable to your use of the
Services, and (e) any information you submit to us is correct and complete.
SCOPE OF THE SERVICES
We
will use reasonable efforts to diagnose your problems and provide you with
technical assistance for Samsung Digital Signage products, including where such
products are used in conjunction with third party products and services. There
is no guarantee that we will be able to solve the problems, however. Some
problems may not be resolvable during one or more telephone calls or remote
access sessions. If a physical assessment or repair of the product is required,
we may suggest that the product is referred for repair to one of our authorised service centres. We
will assist with reference to an appropriately located service centre closest to you. Alternatively, if we consider that
any issue or fault lies with a third party product or service, we may suggest
that you contact the manufacturer or provider of that third party product or
service.
We may suspend your business operation temporarily where necessary for
operational reasons such as repair, maintenance or improvement or because of an
emergency. In such an event, we will endeavour to
restore your business operation after suspension as soon as reasonably
possible.
Whilst we make every effort to help protect you from computer viruses and
security exploits, we do not accept any liability for problems caused by
either. We will provide, where possible, information on how to obtain basic
help should either affect you, however problems relating to viruses and
security exploits are excluded from the Services.
DISCLAIMER OF
WARRANTIES & INDEMNITY
You
understand and agree that the Services (including, without limitation, all
advice, content, and software) are provided "as is" without warranty
of any kind, either express or implied, including, without limitation, any
warranties concerning the availability, accuracy, completeness, usefulness of
the services, and any warranties of title, non-infringement, merchantability or
fitness for a particular purpose. We do not warrant that the Services will be
secure, uninterrupted, error free, or successful in resolving your questions or
problems. We make no warranty that the Services will meet your expectations or
requirements. No advice, results, content or materials whether oral or written,
obtained by you from the Services shall create any warranty. Any content or
software that you access, download or use with the Services is done at your own
discretion and risk and you agree that you will be solely responsible for any
damage that may result from such activities.
You agree to defend, indemnify and hold us, its directors, officers, employees,
agents, affiliates, and contractors harmless from any and all claims,
liabilities, damages, costs and expenses, including reasonable attorneys' fees,
in any way arising from or related to your use of the Services or your
violation of the Terms.
In no event shall we, our suppliers, and referral partners or any of the
respective directors, officers, employees, agents, contractors or content or
service providers be liable for any indirect, special, incidental,
consequential, exemplary or punitive damages of any kind or nature, whether
from contract, tort (including negligence), mispresentation,
strict liability or any other legal or equitable theory, arising from directly
or indirectly related to the use of, or the inability to use, the Services,
software, content or your device and other technology including, without
limitation, lost sales, lost revenue, lost profits or other loss of business,
loss of or damage to data, or cost of substitute services even if we have been
advised of the possibility of such damages.
DATA BACKUP
You
are solely responsible for maintaining and backing up all information, data,
text or other materials and software stored on your device and storage media
before ordering the services. You acknowledge and agree that we have no
responsibility or liability under any circumstance at any time for any loss or
corruption of your data, software or hardware that may arise as a result of the
Services.
AUTHORIZATION TO
REMOTE ACCESS
You
acknowledge that by your use of the Services you are authorizing us to access
and control your computer, device or software (collectively "Device")
for the purposes of diagnosis, service and repair in order to resolve your
problems. In connection with delivering the Services, we may download and use
software, gather system data, take remote control of your Device and access or
modify your Device settings.
By accepting these Terms, you hereby grant us the right to connect to your
Device, download and use software on your Device to gather system data, repair
your Device, take remote control of your Device and change the settings on your
Device while performing the Services. You agree that we have no responsibility
or liability under any circumstance at any time for any loss or harm that may
arise from or may be related to the Services.
We may, but have no obligation to, monitor and record the Services, including
telephone calls and online chats or remote access sessions for purposes of
improving customer service, internal training and internal marketing research.
You hereby grant permission to us to monitor and record the Services and to use
or disclose any information as necessary or appropriate to satisfy any law,
regulation or other governmental request; to provide the Services to you and
our Users; to protect ourselves and/or our Users; and to enhance the types of
Services we may provide to you in the future. You also grant us permission to
combine your information with that of others in a way that does not identify
you or any individual personally to improve the Services, for training, for
marketing and promotional purposes, and for other business purposes.
USE OF THE SERVICES
Your
use of the Services is only for your personal and internal business purposes
for your company or organisation, and not for
commercial use including resale or transfer to others. You may not sell, lease
or rent access to, assimilate, disseminate the Services. You may not allow
manufacturers, suppliers or vendors or other providers to access or use the
Services.
You may not use, download, upload, copy, print, display, perform, reproduce,
assimilate, publish, license, post, transmit or distribute any information,
data, text, photographs, graphics, video, or other materials provided with the
Services without the prior written permission from us. Any
rights not expressly granted herein are reserved by us.
You shall not: (a) use the Service for any illegal purpose, (b) misuse, abuse
or make any unauthorized use of any property, network, website, personnel or
equipment of ours or our customers or suppliers, including but not limited to
interfering with or otherwise disrupting networks connected to the Service, (c)
engage in any activities or actions in connection with the Services that
infringe or misappropriate the intellectual property rights of others,
including without limitation, copyright, patent, trademark, trade secret and
confidential information, (d) engage in any activities that violate the
personal privacy or publicity rights of others; (e) access, monitor or use
data, traffic, computers, systems, facilities or networks provided with or
accessible from the Services, without proper authorization, including any
attempt to probe, scan or test the vulnerability of a system or network or to
breach security or authentication measures without express authorization of the
owner of the system or network; (f) send unsolicited commercial messages,
advertising, informational announcements or communications in any form
("SPAM") in connection with the Services; or (g) interfere with the
Services or any system, service, network, or person accessible from the
Services, including without limitation deliberate attempts to overload a system
by the multiple postings of messages.