SAMSUNGAUSTRALIA PTY LTD (ACN 002 915 648)
ONLINE REMOTE MANAGEMENTSERVICES


ONLINE REMOTE MANAGEMENT SERVICE TERMS AND CONDITIONS

1.

LEGAL NOTICE

1.1 This legal notice (these “Terms”) applies to the Online Remote Management Service (the “Services”) and to any correspondence or dealings between you and Samsung (as defined below), with regard to the Services; including in particular telephone support for certain technical issues in Samsung products, including TVs and Blu-ray Disc Players and any other Samsung product accessed by Samsung in the course of providing the Service (the “Samsung Products”). These Terms govern your access to and use of Services. By accessing or using the Services you are deemed to agree to these Terms. If you do not agree to these Terms, you must immediately exit and not access or use the Services.

1.2 To the fullest extent permitted by law, Samsung may revise, supplement or otherwise change these Terms and impose new or additional rules, policies, terms or conditions on your use of the Services from time to time at its sole and absolute discretion and with or without prior notice to you, by updating these Terms. Such revisions, supplements or changes will be effective immediately and incorporated into these Terms. Accordingly, you should ensure that you regularly review these Terms. The Terms applicable to your access to and use of the Services is the current version made available by Samsung at http://www.samsung.com/au/support/remoteservicemgt/terms.html . By continuing to access or use the Services after such changes, you are deemed to agree to be bound by such additional or revised Terms.

1.3 These Terms are issued by Samsung Australia Pty Ltd ACN 002 915 648, an Australian incorporated company with a principal place of business at of Quad Samsung , 8 Parkview Drive, Homebush Bay, New South Wales (“Samsung”).The Services may be provided in partnership with Samsung’s authorised service providers. All references to “Samsung” in these Terms shall include Samsung and its Related Bodies Corporate (as that term is defined in the Corporations Act (Cth) 2001 ("Related Bodies Corporate").Any reference to “us” or “our” is a reference to Samsung. All references to “Advisor” or “Advisors” relate to Samsung's technical staff providing the Services which may include subcontractors.

1.4 In general, the Services will be provided from Australia only.

1.5 Any rights not expressly granted in these Terms are reserved.

1.6 The Services may not be used in connection with any other commercial purpose except those that are specifically endorsed or approved by Samsung. Appropriate legal action will be taken by Samsung for any illegal or unauthorised use of the Service.

2.

PRIVACY

2.1 Samsung's use of your personal information (if any), including your IP address, is governed by Samsung's privacy policy which is available at http://www.samsung.com/au/info/privacy.html and which form part of these Terms. PLEASE READ THE PRIVACY POLICY CAREFULLY - it deals with your rights and our obligations in relation to any personal information provided by you to Samsung in connection with the provision of the Services, including what Samsung can do with personal information and to whom Samsung may disclose personal information in certain situations.

2.2 In the course of providing the Services to you, Samsung may gain access to personal information (which may include sensitive information of a personal nature) held on your Samsung Products., Such personal information will not be stored for longer than is necessary to provide the Services to you will not be used by Samsung for any other purposes.

2.3 Samsung will also cooperate with law enforcement and other relevant authorities with respect to any investigation or violation of network security or laws and reserves the right to disclose any information (including personal information) derived from you, as required by law. or in the good faith belief that failure to report a crime or failure to comply with a legitimate request from a law enforcement agency would be likely to prejudice the prevention or detection of crime or the apprehension or detection of offenders.

3.

THE SERVICES

3.1 You warrant that you are at least 18 years of age and possess the legal authority to enter into the agreement for the provision of the Services formed by these Terms. You agree that you are the primary account holder or owner of the Samsung Product. You agree to be financially responsible for any charges (if any) due to Samsung in consideration for providing the Services,. In order for Samsung to effectively provide the Services, you must have an active Internet connection.

3.2 The Services will generally be provided free of charge. However, where the relevant Samsung Products is out of voluntary product warranty(i.e. the period of any Samsung voluntary product warranty applicable to such Samsung Product has expired), the Services may potentially not be offered free of charge. In this case, the Advisor will make any applicable charges and the mechanism for the calculation and payment of such charges clearly known to you, and obtain your approval prior to providing any Services. The processes in this clause in no way limit or affect your statutory rights.

3.3 Subject to any statutory rights you may have, the Service is made available for your personal, non-commercial use only and use of the Service to sell a product or service, such as troubleshooting services is expressly excluded.

3.4 You agree that, in the course of providing the Services, Samsung (through its Advisor),may temporarily take over control of your Samsung Product, via remote control of your keyboard and / or any device(s). You also agree that the Advisor may, if necessary or appropriate to provide the Service, check your Samsung Product specifications, including memory capacity, system setting information, etc.

3.5 You agree that, during the provision of the Services to you by Samsung, Samsung may record, via screen capture, video recording or other means, all activities of the remote support session and its Advisors in its provision to you of the Services. In addition, Samsung may be required to install firmware developed by Samsung in order to solve technical problems as part of the Services, and such installation may delete the personal setting of the Samsung Product selected by you.

3.6 The Advisor may recommend to you, in the course of providing the Services, third party software that will help remedy your technical problem. In such cases you agree to undertake to abide by the terms and conditions, copyright and licensing terms governing the use of the third party software as set out by the software provider or its distributor. Samsung is not be responsible whatsoever for the fitness, performance, and functionality of any third party software.

3.7 Samsung may accept instructions in connection with the Services from someone who has your authority and, you agree that you will be responsible for all use and resulting consequences of use of the Services, whether or not authorised by you.

4.

LIMITATION OF THE SERVICES

4.1 Samsung will use reasonable efforts to diagnose your technical problem and provide you with technical assistance for Samsung Products, including where such Samsung Products are used in conjunction with third party products and services. There is no guarantee that Samsung will be able to solve the reported issue. However, some issues may not be resolvable during one or more phone calls or remote connection sessions. If a physical assessment or repair of the product is required, our Advisor will suggest that such Samsung Product is referred for repair to one of Samsung's authorised service centres. The Advisor will assist with reference to an appropriately located service centre, etc. Alternatively, if the Advisor considers that any issue or fault lies with a third party product or service, the Advisor will suggest that you contact the relevant third party manufacturer or service provider of that other product or service.

4.2 Samsung may suspend the Services where necessary for operational reasons such as repair, maintenance or improvement or because of an emergency. In such an event, Samsung will endeavour to restore the Services after suspension as soon as reasonably possible.

4.3 Samsung may, for operational or other reasons, change any of the support line numbers or the specification of the Services. Such changes will be noted on http://www.samsung.com/au/support/main/supportMain.do. Any such changes will not materially affect the Services you receive from us.

4.4 Whilst we make every effort to help protect our customers from computer viruses and security exploits, subject to your statutory rights, Samsung does not accept any liability for problems caused by either. The Advisor may provide, where possible, information on how to obtain basic help should either affect our customers; however, problems relating to security exploits are excluded from the Services.

5.

DISCLAIMER AND LIABILITY

5.1 The processes in these Terms in no way limit your statutory rights and the exclusions and limitations on liability in these Terms, including this clause 5, do not apply to any liability to the extent that the same may not be excluded or limited as a matter of law and this clause 5 is subject always to clause 6 which deals with statutory rights.

5.2 Samsung does not guarantee, represent or warrant that your use of the Services will be uninterrupted or error-free. While Samsung endeavours to ensure that the Services are normally available during the regular business hours, Samsung shall not be liable if for any reason the Services are unavailable at any time or for any period. Access to the Services may be suspended without notice at Samsung's sole discretion due to any reason or no reason including system failure, maintenance or.

5.3 YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. ACCORDINGLY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SAMSUNG EXCLUDES ALL IMPLIED REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS OF ANY KIND WHATSOEVER (WHETHER IMPLIED BY COMMON LAW, STATUTE OR OTHERWISE) AND THE APPLICATION OR AVAILABILITY OF ANY STATUTORY RIGHTS (INCLUDING ANY STATUTORY GUARANTEES THAT ANY GOODS OR SERVICES SUPPLIED UNDER THESE TERMS AND CONDITIONS ARE OF ACCEPTABLE QUALITY OR FIT FOR THEIR PURPOSE).

5.4 Samsung liability for any claim, action, proceeding or dispute, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, under or in connection with these Terms (including in relation to any warranty that the law does not allow us to exclude), is limited to: (i) in the case of a supply of goods, us doing any one or more of the following (at our election): replacing the goods or supplying equivalent goods; repairing the goods; paying the cost of replacing the goods or of acquiring equivalent goods; or, paying the cost of having the goods repaired; and (ii) in the case of a supply of services, us doing either or both of the following (at our election): supplying the services again; or, paying the cost of having the services supplied again, at our absolute discretion.

5.5 If, notwithstanding the above, we are liable to any person, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, under or in connection with these Terms, then our liability is limited is the amounts (if any) paid by you for the Service.

5.6 In no case shall Samsung, or any other party (whether or not involved in building, managing or delivering the Services), and any of Samsung's Related Bodies Corporate, its directors, officers, employees, affiliates, agents, contractors or licensors be liable to you or any third party for any direct, indirect, incidental, punitive, special or consequential loss or damages including without limitation any loss of use, profits or data arising from your use of the Services or for any other claim related in any way to your use of the Services or your use of or inability to use information or assistance given as part of the Services including but not limited to any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of, or inability to use, any content, transmitted or otherwise made available during the Services, whether online or offline, the deletion of your data, information or content stored on your Samsung Products, even if advised of their possibility whether such losses or damages arise in contract, negligence, tort or otherwise.

5.7 Samsung does not represent or guarantee that the Services will be free from loss, corruption, attack, viruses, interference, hacking or other security intrusion, and Samsung disclaim any liability relating thereto. You shall be responsible for backing up your own system and if your use of the Services results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

5.8 THE INFORMATION, DOCUMENTS, SOFTWARE AND OTHER MATERIALS CONTAINED ON THE SERVICE ARE PROVIDED "AS IS". WE TRY AND ENSURE THAT SUCH MATERIALS ARE ACCURATE AND UP TO DATE, BUT WE CANNOT BE RESPONSIBLE FOR ANY ERRORS, FAULTS OR INACCURACIES. OUR LIABILITY TO YOU AS EXPLAINED ABOVE REMAINS UNAFFECTED BY THIS.

5.9 Nothing in these Terms shall act to exclude or limit the Samsung’s liability for death or personal injury caused by negligence, fraud, misrepresentation as to a fundamental matter or any other liability which may not by applicable law be excluded or limited.

5.9 Nothing in these Terms shall act to exclude or limit the Samsung’s liability for death or personal injury caused by negligence, fraud, misrepresentation as to a fundamental matter or any other liability which may not by applicable law be excluded or limited.

5.10 Samsung shall not be liable for any failure to perform its obligations if Samsung is prevented from doing so by an event beyond Samsung's reasonable control (which may include, without limitation, strikes; labour disputes; acts of God; war; riot; civil action; malicious acts or damage; compliance with any law, governmental or regulatory order, rule, regulation or direction; any act or omission of any government or other competent authority; accident; equipment or services failure, including the unavailability of third party telecommunications services, lines, or other equipment; fire; flood or storm).

5.11 If you are dissatisfied with any part of the Services or with these Terms, subject to statutory rights and other rights set out in these Terms, your sole and exclusive remedy is to stop using the Services. You may make a complaint about the Services, should you wish to do so, by contacting Samsung Customer Service at 1300 362 603 and/or, depending on the issue, submitting your complaint on the form that may be provided to you.

5.12 Samsung reserves the right, in its sole discretion, to change, improve and correct the Services. The Services may not be available during maintenance breaks and other times. Company may also decide to discontinue the Services or any part thereof in its sole discretion. In such case, you will be provided with prior notification.

6.

STATUTORY RIGHTS

6.1 Nothing in this Agreement is intended to exclude, restrict or modify any rights that you may have under the Competition and Consumer Act 2010 (Cth) (the “CCA”) including the Australian Consumer Law or any other applicable legislation which may not be excluded, restricted or modified by agreement. In Australia, our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. What constitutes a 'consumer', 'major failure' and 'acceptable quality' is set out in the Australian Consumer Law.

6.2 If the CCA or any other applicable legislation provides you with any non-excludable statutory rights (including any implied representations, warranties, terms or conditions or any statutory guarantees) in respect of any goods or services supplied under these terms and conditions, then the exclusions of and limitations on our liability in these terms and conditions do not apply in respect of such non-excludable statutory rights, however, where our liability with respect to such non-excludable statutory rights may be restricted or modified, then, without prejudice to any non-excludable statutory rights that you may have which may not be restricted or modified by agreement, our liability is limited in the manner set out in clause 5.3.

7.

INDEMNITY

7.1 By using the Services, you agree to indemnify and hold Samsung, its Related Bodies Corporate and their respective directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of these Terms, your use of the Services, any action taken by Samsung as part of its investigation of a suspected breach of these Terms or as a result of its finding or decision that a breach of these Terms has occurred. Samsung reserves the right, at its own expense, to assume the exclusive defence and control of any claim which is subject to indemnification by you under these Terms, in which event you will (from that time onwards) have no further obligation to provide indemnification for that claim.

8.

GENERAL

8.1 These Terms are between you and Samsung, and are governed by the laws of the state of New South Wales without regard to any choice of law or conflict of law provisions or rules and these Terms will be construed in all respects in accordance with the laws of the state of New South Wales. You agree to submit to the non-exclusive jurisdiction of the courts of the state of New South Wales.

8.2 Samsung may delay enforcing its rights under these Terms without losing them.

8.3 You agree that Samsung may sub-contract the performance of any of its obligations or may assign these Terms or any of its rights or obligations without giving you notice or obtaining your consent.

8.4 These Terms (including the Privacy Policy) form the entire understanding between you and Samsung concerning your use of the Services, and supersede all previous agreements relating to the Services.

8.5 If any part of these Terms is determined to be legally invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall remain in full force and effect.