- (a)"We", "us", or "Samsung" means Samsung Electronics Co., Ltd, whose principal place of business is at 416, Maetan-3dong, Yeongtong-gu, Suwon-si, Gyeonggi-do, Korea; and
- (b)“Services” means Samsung’s productions, application, software, information offering services, services, websites and other related services provided by us or any third party designated by us through or in connection with the Samsung Smart TV, excluding any services provided under a separate written agreement; and
- (c)"User” or “you” means a user of Samsung's Services.
2.2 If you are a parent or guardian permitting a person under the legal age of majority (“Minor”) to use the Services, you agree to: (i) supervise the Minor’s use of the Services; (ii) assume all risks associated with the Minor’s use of the Services, including the receipt and transmission of information and materials via the Services and the transactions made for Digital Goods and Third Party Services; (iii) assume any liability resulting from the Minor’s use of the Services; and (iv) be bound by this Agreement for the Minor’s access and use of the Services.
2.3 Use of the Service or a portion thereof may require the User to have a Samsung Account which user can set up via Smart TV set up process or at account.samsung.com via other connected devices. Existing Samsung Account holders may enjoy the Services by simply logging in. Use of the Samsung Account will be subject to the Samsung Account Terms and Conditions, available at https://account.samsung.com/membership/terms.
- (a) The Services are provided to you by Samsung and in some cases, by Samsung's Affiliates (as defined in Clause 15.5) on behalf of Samsung. You agree that Samsung’s Affiliates are each entitled to provide the Services to you under this Agreement.
- (b) You acknowledge and agree that there may be non-material changes to the form and nature of the Services provided from time to time without prior notice to you. Samsung will use commercially reasonable efforts to notify you of material changes to the Services.
- (c) You acknowledge and agree that, subject to local law including the Australian Consumer Law, Samsung may, in its sole discretion, suspend or cease providing the Services (or any part of the Services) to a specific User or all Users upon reasonable prior notice.
4.2 Digital Goods, Third Party Services
- (a) The Services may include digital goods, including but not limited to movies, applications, and games provided by Samsung or third parties through the Smart TV (“Digital Goods”, and where provided by a third party and not Samsung, “Third Party Goods”) or may link to other websites, content, resources and services provided by a third party and not Samsung ("Third Party Services"). Your access to and use of Third Party Goods and Third Party Services shall be governed by an agreement between you and the provider of Third Party Goods or Third Party Services, and shall not be governed by the terms of this Agreement or any other agreement between you and us.
- (b) You purchase and use Third Party Goods and Third Party Services at your own risk. User acknowledges and agrees that Samsung is not responsible for, and subject to local law, including the Australian Consumer Law, will not be liable for, any Third Party Goods or Third Party Services or the User’s purchase, use, or reliance thereupon, including the availability, suitability, reliability, or performance thereof, and Samsung does not endorse any Third Party Goods or Third Party Services or any advertising, products or other materials on or available via Third Party Goods or Third Party Services.
- (c) TO THE EXTENT PERMITTED BY LAW, INCLUDING THE AUSTRALIAN CONSUMER LAW, SAMSUNG MAKES NO REPRESENTATION AND PROVIDES NO WARRANTY WHATSOEVER CONCERNING ANY THIRD PARTY GOOD OR ANY THIRD PARTY SERVICE, AND SAMSUNG SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES.
5.2 You must not access or attempt to access any of the Services other than through the interface for the Services made available by Samsung. Without limiting the foregoing, you must not access or attempt to access any of the Services through any automated means, including scripts or web crawlers.
5.3 You agree to comply with all reasonable instructions made available to you in connection with the Services.
5.4 Certain Services may automatically download and install updates from time to time from Samsung. Such updates may be in various forms, including bug fixes, enhanced or new functions or features, new software modules and completely new versions. You agree to receive such updates (and permits Samsung to deliver such updates to you) as part of the Services. Where such an update will materially alter the Services, Samsung will provide you with notice of the update, where practicable.
5.5 You must not engage in any activity that may cause interference with or disruption to the Services or any servers or networks that are connected to the Services. 5.6 You must not reproduce, reverse-engineer, duplicate, copy, re-transmit, distribute, sell, trade or resell all or any portion of the Services, any code forming a part of the Services, and all or any portion of any Third Party Goods or Third Party Services.
5.7 A Service may have supplemental service terms and require additional consent from you before such Service or a feature or functionality of such Service is made available to you. By providing the additional consent, you shall be bound by the applicable supplemental terms in addition to this Agreement. To the extent of any actual conflict between the supplemental terms and this Agreement, the supplemental terms shall govern but only as specifically related to the Service to which the supplemental terms are applicable.
6.2 When you make a purchase with Samsung Checkout, your total price will include applicable sales tax.
6.3 To utilize Samsung Checkout, you will need to have a Samsung Account. If you don’t have one already, you can sign up at account.samsung.com or on Smart TV. You are responsible for providing accurate payment information and the full payment of your Digital Goods purchases. By using Samsung Checkout, you authorize Samsung to charge your credit card or another selected payment account for your purchases. If you want to change your payment information, you may do so any time at the “Purchase Information” section within Samsung Smart Hub. There may be a temporary disruption of your access to the Samsung Checkout service until the validity of the new payment information is verified. Samsung does not store your actual credit card information or payment account log-in information.
6.4 Please note that the prices and currency charged for Digital Goods may vary depending on your location. Prices for Digital Goods may change at any time, and Samsung Checkout does not provide price protection or refunds in the event of a price reduction or promotional offering.
- (a) Except for In-App Purchases (as defined below), you may receive a refund of a purchased application for which you have paid through Samsung Checkout (a “Paid App”) for any reason within two (2) hours of completing the purchase, provided that you have not accessed, watched, streamed, played, viewed, or otherwise used the Paid App. To request a refund, please submit the refund request through the “Purchase History” section of the Samsung Smart Hub. Samsung will initiate the refund process upon (i) receipt of the request and (ii) confirmation that the Paid App has not been accessed or used, and will remove or delete the Paid App for which the refund is sought. After expiration of the two (2)-hour refund request window, you must submit any refund request directly to the seller of Paid App. The seller has sole discretion over whether to honor the request, and you agree that, subject to local law including the Australian Consumer Law, Samsung has no responsibility or liability for the seller’s decision or its refund process or policy. If you are unable to identify the seller, please contact us at firstname.lastname@example.org.
- (b) Each request for a refund of a purchase made via Samsung Checkout within an application (an “In-App Purchase”) must be submitted directly to the seller in accordance with its policies, not to Samsung. Seller has sole discretion over whether to honor the refund request, and you agree that, subject to local law including the Australian Consumer Law, Samsung has no responsibility or liability for the Seller’s decision or its refund process or policy.
- (c) As distinct from subsections 6.5(a) and (b), if you are unable to download or receive a Paid App because of a technical problem, or if the Paid App is defective, 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. In such circumstances, please contact us at email@example.com. For In-app Purchase, preferably contact the seller directly for any technical problems or defects relating to In-App Purchases. Subject to local law including the Australian Consumer Law, Samsung has no responsibility or liability for technical problems or defects relating to In-App Purchases. For avoidance of any doubt, subject to local law including the Australian Consumer Law, Samsung will not refund you for any In-App Purchase.
7.2 You acknowledge and agree that Third Party Content is protected by the proprietary and intellectual property rights of the creator, owner and licensee of such Third Party Content. You must not modify, reverse-engineer, copy, rent, lease, loan, sell, resell, re-transmit, distribute, trade, publicly display or create derivative works of any Third Party Content, either in whole or in part, without obtaining a license from such creator, owner or licensee.
7.3 Samsung, at its sole discretion, may, but is not obligated to, pre-screen, review, flag, filter, modify, refuse, suspend, or remove any Third Party Content that are provided to you as part of or via the Services, without giving prior notice to you.
7.4 You acknowledge and agree that, by using the Services, you may be exposed to Third Party Content that you may find offensive, indecent or objectionable and that, in that respect, you agree to use the Services at your own risk. You agree to assume such risk on behalf of any Minor for whom you are the Minor’s parent or legal guardian using the Services, and you agree to shield and not expose such Services from or to any Minor using the Services who is not your child or for whom you are not such Minor’s legal guardian.
8.2 You must not remove, obscure, or alter any proprietary rights (including copyright and trade mark notices) which are affixed to or contained within the Services.
- (i) how Samsung collects, uses, discloses, protects and handles Your personal information;
- (ii) how to access and seek correction of Your personal information;
- (iii) how You can lodge a complaint regarding the handling of Your personal information; and
11.2 The User may terminate this Agreement at any time by resetting the Smart HUB.
11.3 Samsung may terminate this Agreement
- (a) immediately if the User has breached any provision of this Agreement;
- (b) immediately if Samsung is required to do so by law or regulation (for example, where the provision of the Services to the User is, or becomes, unlawful); or
- (c) upon thirty (30) days’ notice, if Samsung determines in its sole discretion to terminate or discontinue providing the Services in the territory in which the User is resident or from which the User uses the Services. Nothing in this Clause 12.3 affects Samsung's rights in relation to the provision of Services under Clause 4.
12.2 WITHOUT LIMITING THE PREVIOUS DISCLAIMER, SUBJECT TO LOCAL LAW INCLUDING THE AUSTRALIAN CONSUMER LAW, SAMSUNG, ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT THE SERVICES WILL
- (a) OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE MANNER,
- (b) WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS OR ERRORS
- (c) WILL BE SECURE OR IMMUNE (INCLUDING THE CONTENT DELIVERED TO YOU AND THE INFORMATION YOU PROVIDE) FROM UNAUTHORIZED ACCESS,
- (d) WILL BE ACCURATE, COMPLETE, OR RELIABLE,
- (e) THAT THE QUALITY OF THE SERVICES WILL BE SATISFACTORY TO YOU, OR
- (f) THAT ERRORS OR DEFECTS WILL BE CORRECTED.
12.4 NO ADVICE OR INFORMATION (WHETHER ORAL OR WRITTEN) OBTAINED BY THE USER FROM SAMSUNG ON OR VIA THE SERVICES WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE AGREEMENT.
- (a) ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES;
- (b) ANY LOSS OF INCOME, BUSINESS, ACTUAL OR ANTICIPATED PROFITS, OPPORTUNITY, GOODWILL, OR REPUTATION (WHETHER DIRECT OR INDIRECT);
- (c) ANY DAMAGE TO OR CORRUPTION OF DATA (WHETHER DIRECT OR INDIRECT); OR
- (d) ANY LOSS OR DAMAGE AS A RESULT OF:
- (i) USE THE USER MAY MAKE OF THE SERVICES,
- (ii) ANY RELATIONSHIP OR TRANSACTION BETWEEN THE USER AND A THIRD PARTY PROVIDER OF ANY SERVICE, PRODUCT, OR CONTENT, INCLUDING ADVERTISERS AND SPONSORS WHOSE ADVERTISING IS MADE AVAILABLE ON OR VIA THE SERVICES; AND
- (iii) ANY CHANGES TO THE SERVICES, OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES OR ANY PORTION THEREOF.
14.2 Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”, whether or not they are in fact followed by those words or words of like import.
14.3 The User agrees that if Samsung does not exercise or enforce any legal right or remedy which is set out in this Agreement, or which Samsung has the benefit of under any applicable law, such will not be construed as a waiver of Samsung's rights or remedies, and that such rights or remedies remain available to Samsung.
14.4 If any provision of this Agreement is held to be invalid by any judicial or administrative authority, then that provision will be removed from this Agreement without affecting the remaining provisions of this Agreement, which will continue to be valid and enforceable.
14.5 The User acknowledges and agrees that each Samsung Affiliate shall be a third party beneficiary to this Agreement and shall be entitled to directly enforce, and rely upon, any provision of this Agreement which confers a benefit on (or rights in favor of) them. Subject to the foregoing, no other person shall be a third party beneficiary to this Agreement. For the purposes of this Agreement, an Affiliate of Samsung is any company, corporation, firm, partnership or other entity that controls Samsung, is controlled by Samsung or is under common control with Samsung; the term "controls" and "controlled" meaning the ability to direct the management of the relevant entity.
14.6 The User may not transfer or assign this Agreement or any of the User's rights or obligations arising hereunder. Any transfer in violation of this Agreement shall be void.
14.7 Subject to local law including the Australian Consumer Law, Samsung will not be liable or responsible for any failure to perform, or delay in performance of, any of any obligations under this Agreement that is caused by acts or events beyond Samsung’s reasonable control.
14.8 This Agreement is governed by the laws of the jurisdiction where you are a resident, without regard to its conflict of law provisions. This Agreement shall not be governed by the UN Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
14.9 If a dispute, controversy or difference arising in any way from this Agreement or your use of the Services is not amicably settled, it shall be subject to the non-exclusive jurisdiction of the courts of the jurisdiction where you are a resident. Notwithstanding the foregoing, Samsung may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.