MY GALAXY UPGRADE TERMS OF SERVICE
This document is an electronic record in terms of Information Technology Act, 2000 and Rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
PLEASE READ CAREFULLY BEFORE OPERATING THE SERVICE (DEFINED BELOW). THESE TERMS OF SERVICE (“TOS”) ARE A LEGAL AGREEMENT BETWEEN YOU AND SAMSUNG INDIA ELECTRONICS PVT. LTD. (“SAMSUNG”) FOR THE MY GALAXY UPGRADE APPLICATION (“APPLICATION”) AND ANY RELEVANT SOFTWARE OR DOCUMENTATION THEREOF (COLLECTIVELY, THE “SERVICE”) PROVIDED BY SAMSUNG, ITS AFFILIATES, ITS THIRD PARTY SUPPLIERS AND/OR LICENSORS. BY INSTALLING OR OTHERWISE USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TOS. IF YOU DO NOT AGREE TO THE TOS, DO NOT INSTALL OR USE THE SERVICE. IF THESE TOS CHANGE AND YOU CONTINUE TO USE THE SERVICE OR FAIL TO UNINSTALL THE SERVICE FOLLOWING ANY SUCH CHANGE, YOU AGREE TO BE BOUND BY THE TOS. IF YOU DO NOT AGREE TO THE TOS CHANGE, YOU MUST STOP USING THE SERVICE.
SERVICE The Application enables you to evaluate resale price of your old device (select make and select brand) and avail upgrade offers/ deals/schemes. The device will be evaluated and the quote will be provided by Samsung’s Participating Partner.
Some of the offers/deals/schemes/ services may be offered by Samsung while other may be made available by third parties affiliated / not affiliated with Samsung. You agree that Samsung is not responsible for any offers/deals/schemes/ services that originate from the source other than Samsung. All third party offers/ deals/ schemes/ services provided by the Participating Partners are provided on “As Is” basis and shall be subject to terms and conditions of such Participating Partners, without any recourse to Samsung.
- Grant of License
Subject to the terms and conditions of these TOS, you are granted a limited, non-exclusive, and revocable license to install, access and use the SERVICE. The services and features provided by the SERVICE or Update (defined below) thereto may vary or be limited depending on certain factors, including, without limitation, your country, device, operating system, or network operator. Unless you are an age of majority in your jurisdiction, you are not permitted to enter into these TOS or use the SERVICE unless your parent or legal guardian understands and consents to the terms and conditions of these TOS.
- Reservation of Rights and Ownership
This SERVICE includes software and data provided by third parties. You acknowledge that the SERVICE is proprietary to Samsung and its licensors, and protected under applicable copyright and other intellectual property laws and treaties. These TOS and your use of the SERVICE do not grant you any ownership interest in or to the SERVICE, and you are granted only a limited license to use which is revocable in accordance with the terms of these TOS. You may not use the SERVICE to reproduce copyrighted materials, or materials you do not have the right or legal approval for reproduction.
Except for private and non-commercial use, none of the contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted electronically or mechanically, transmitted, recorded, in any manner, photocopied or reproduced without prior written consent of Samsung or its partner. Any other use of the SERVICE, including any commercial use, modification, distribution or republication without prior written consent of Samsung is strictly prohibited.
Except to the extent that mandatory local law requires that you be able to do so, you may not (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or algorithms of the SERVICE; (ii) modify or disable any features of the SERVICE; (iii) create derivative works based on the SERVICE; (iv) rent, lease, lend, sublicense or provide commercial hosting services with the SERVICE; (v) infringe our intellectual property rights or those of any third party in relation to your use of the SERVICE (to the extent that such use is not licensed by these TOS); (vi) use the SERVICE in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these TOS, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the SERVICE or any operating system; (vii) use the SERVICE in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and (viii) collect or harvest any information or data from the SERVICE or our systems or attempt to decipher any transmissions to or from the servers running the SERVICE.
- Update, Change or Suspension of the SERVICE
Samsung may, at any time, provide or make available updates or upgrades to the SERVICE (“Updates”), including without limitation bug fixes, service enhancements, new features, deletion of existing functions, or modification of the SERVICE. Updates will be governed by these TOS unless separate terms and conditions are provided with such Updates, in which case that separate terms and conditions shall govern the Updates. Updates for security software or critical bug fixes or other important Updates may be automatically downloaded and installed given the importance of receiving such Updates in a timely manner to help protect you and other users.
Samsung expressly reserves the right to change, suspend, remove, limit the use of or disable the access to the SERVICE or any portion thereof at any time without notice or liability.
- Third Party Services and Content
- Consent for Collection and Use of Data
- Data Access
Some features of the SERVICE may require your device to have access to the internet and may be subject to restrictions imposed by your network or internet provider. The SERVICE may require access through your mobile network, which may result in additional charges depending on your payment plan. In addition, your enjoyment of some features of the SERVICE may be affected by the suitability and performance of your device hardware or data access.
- Compliance with Law
You acknowledge and agree to comply with any and all applicable laws and regulations in using the SERVICE including without limitation, all applicable export restriction laws and regulations.
These TOS are effective until terminated. You can terminate these TOS by ceasing your use of the SERVICE, and uninstalling, deleting and returning all related software, documentations and other materials provided by Samsung, including backup copies thereof. Should you not comply with these TOS, your rights based on these TOS will be automatically terminated without notice from Samsung. Upon either your or Samsung’s termination of these TOS, you must immediately cease all use of the SERVICE. For the purpose of clarity, Samsung may terminate anytime these TOS and the SERVICE with notice to you (e.g., service website, pop-up through application, email or etc.).
- Disclaimer of Warranty
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND FROM SAMSUNG, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAMSUNG DISCLAIMS ALL WARRANTIES OR OTHER TERMS EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR TERMS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, QUIET ENJOYMENT, NON INFRINGEMENT OF THIRD PARTY RIGHTS OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAMSUNG OR ITS AFFILIATES SHALL BE DEEMED TO ALTER THIS DISCLAIMER BY SAMSUNG OF WARRANTY REGARDING THE SERVICE, OR TO CREATE ANY WARRANTY OF ANY SORT FROM SAMSUNG.
- Limitation of Liability
11.1 Samsung and You do not limit or exclude liability for any types of loss or damage for which liability cannot, under applicable law, be excluded or limited, to the extent that the applicable law prevents such exclusion or limitation, or to the extent that a court of competent jurisdiction judges that such an exclusion or limitation would be ineffective under applicable law.
11.2 Subject only to 11.1, Samsung shall not be liable for loss, damage or liability under contract (including negligence), laws on third party obligations (including ‘tort’ and negligence claims) or statutory obligations or any other legal basis whatsoever, even if Samsung was specifically put on notice of the risk of such loss (i) where the loss is indirect, incidental, special, consequential, or comprises exemplary or punitive damages, or (ii) for any loss of profit, loss of business, loss of opportunity, loss of data or (iii) where the loss relates to errors, omissions or interruptions, computer viruses, connection or connectivity problems or for network charges.
11.3 Subject only to 11.1 and 11.2, Samsung’s total financial liability to You arising from or in connection with these TOS, the SERVICE or related matters shall not exceed the amount you paid Samsung or Samsung’s affiliate specifically for this SERVICE.
11.4 You acknowledge that the above provisions of clauses 10 and 11 are reasonable given the benefits of the SERVICES and you will accept such risk and/or insure accordingly.
11.5 IT IS ESSENTIAL THAT YOU BACK UP YOUR DATA ON YOUR DEVICE BEFORE USING THE SERVICES TO AVOID LOSING ANY DATA.
You agree to defend, indemnify and hold us and our employees, directors, officers, agents and their successors and assigns, harmless from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of or relating to claims based upon your actions or inactions, which may result in any loss or liability to us or any third party, including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under these Terms or arising out of the your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of these Terms.
- Applicable Law
These TOS are governed by the laws of the jurisdiction where you are a resident, without regard to its conflict of law provisions. These TOS shall not be governed by the UN Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
- Dispute Resolution
These Terms shall be construed in accord with the applicable laws of India. The Courts at New Delhi shall have exclusive jurisdiction in any proceedings arising out of these Terms.
- Entire Agreement
These TOS are the entire agreement between you and Samsung relating to the SERVICE and supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the SERVICE or any other subject matter covered by these TOS. If any provision of these TOS is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
- Electronic Communications
When you use the SERVICE or send email(s) to Samsung, you are communicating electronically. You consent to receive communications from Samsung electronically by way of email or SMS. You agree that all agreements, notices, disclosures and other communications that Samsung provides to you electronically satisfy all legal requirements. In connection with your use of the SERVICES, Samsung may send you SERVICE announcements, administrative messages, and other information.
Date of Publication : 1st July 2018