TERMS OF SERVICE FOR SHOP SAMSUNG APP

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE APP.

Samsung Electronics (UK) Limited. and its parent, subsidiaries, and affiliates (collectively "Samsung," "we," "us," or "our") are pleased to offer Shop Samsung, an application which enables users ("you," "your" or "users") to access and view content, purchase products, accessories and devices, and view or discover device features and other products (hereinafter referred to as, the "App").

  • 1. Acceptance of the Terms of Service

    These Terms of Service ("Terms of Service") are a binding agreement between you and Samsung, and govern your use of the App and all of the features and functions therein, save that our Customer Terms and Conditions of Sale apply to your orders for and supply of products listed on the online store (the “Website”) part of our App. In addition, there are separate terms that govern your use of the Website, which can be found here.  The App is licensed, not sold, to you.

    BY USING THE APP OR BY CLICKING ACCEPT OR AGREE TO THE TERMS OF SERVICE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU  ACCEPT AND AGREE TO BE BOUND BY AND ABIDE BY THESE TERMS OF SERVICE AND OUR PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE, AND YOU REPRESENT AND CERTIFY THAT YOU ARE OF LEGAL AGE TO ENTER INTO AN AGREEMENT.

    IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE APP.

    These Terms of Service, are supplemented by the Samsung Account Service Terms and Conditions ("Service Terms and Conditions") that you have may have already agreed to (or concurrently agree to along with these Terms of Service) when opening a single sign on user account with Samsung (the "Samsung Account") and may also incorporate any other additional terms that may govern certain parts of the App (collectively, the "Terms "). Certain features within the App may only be used and/or accessed if you have a Samsung Account.

    If you do not have a Samsung Account, please read the Service Terms and Conditions and open a new Samsung Account, as applicable. You acknowledge and agree that these Terms of Service are incorporated into the generally applicable Service Terms and Conditions. In case of any inconsistency or conflict between these Terms of Service, the Service Terms and Conditions, and any other additional set of terms, these Terms of Service will prevail in relation to the App. These Terms of Service do not govern the use of your Samsung hardware or equipment and no representations or warranties are provided herein with respect to your Samsung hardware or equipment.

    Samsung may change or modify these Terms of Service from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the App thereafter. Your continued use of the App following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time, so you are aware of any changes, as they are binding on you. You may use the App for your personal, non-commercial use only. You may not use the App or any part thereof if you are under the age of 13. If you are between the ages of 13 and 18, you may use the App only with involvement of a parent or guardian.

  • The App is available for certain devices (including Samsung devices). If your device qualifies for the use of the App, Samsung grants to you, and you accept, a non-exclusive, non-transferable, non-sublicenseable, personal, revocable, limited right and license to access and use the App for your non-commercial, personal use only, provided that you comply fully with these Terms of Service and the Service Terms and Conditions. All references to the App include all related content, such as videos, text, pictures, graphics, user interfaces, scripts software and any other materials used to implement and provide access to the App, including any updates, upgrades, enhancements, modifications, revisions or additions to the App made available by Samsung. However, Samsung is under no obligation to provide any updates, upgrades, enhancements, modifications, revisions or additions to the App.
  • 3.1 You will not interfere or attempt to interfere with the operation or use of the App in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means. You may not, using the App, collect or harvest personal information, including but not limited to account names and contact information. You may not impersonate or pretend to be anyone else but you, including without limitation, by creating fraudulent or spoof accounts.

    3.2 You will not reverse engineer, copy, decompile, disassemble, derive the source code of, modify, adapt, capture, reproduce, publicly display, publicly perform, transfer, sell, license, create derivative works from or based upon, republish, upload, edit, post, transmit, distribute, exploit, circumvent or otherwise translate (or encourage or assist any other person to do any of the foregoing) the App in whole or in part. You may not transmit, distribute, or broadcast any content included or accessible from the App without our prior written consent unless we make the content available for distribution through a function on the App, such as a social media plugin. 

    3.3. You may not use the App for commercial purposes or for any purpose that is unlawful or prohibited by the Terms of Service. You are specifically prohibited from using the App to share, publish or otherwise include content that (a) violates any third party's rights, including privacy and intellectual property rights; (b) is obscene, abusive, threatening, defamatory, violent, illegal, hateful, discriminatory, racist, sexist, or otherwise objectionable (as determined in our sole discretion) or in non-conformance with Samsung's applicable content or use guidelines; or (c) contains viruses or other harmful software, code or other means that impact or limit the App or the devices running the App. You will not use the App to make any unsolicited offers, request, advertisements, or spam.

    3.4 You will not use any robot, spider, script, or any manual or automated program or other means to extract, download, index, create multiple accounts, frame, enclose, mine, scrape, reproduce, or circumvent the presentation, operation, or intended use of any feature, function, or part of the App.

    3.5 The App may contain message boards, profiles, forums, bulletin boards, or other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the App. All User Contributions must comply with Samsung's applicable content standards. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the App, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, exploit, distribute and otherwise disclose to third parties any such material for any purpose. You represent and warrant that: (a) You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, and (b) all of your User Contributions do and will comply with these Terms of Service.

    3.6 You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Samsung, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user.

    3.7 If the App allows you to submit reviews, you will not submit any fake or fabricated reviews. Any reviews by you will be genuine and will represent your own personal experiences. You warrant that you have not been offered any payment or other incentive to write a review. If you have been offered any payment or incentive to write a review, you agree to fully disclose any such material connection in accordance with all legal requirements, best practices and guidance. If the App allows you to submit reviews, you may post reviews on the App so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." If you do post reviews, you grant Samsung a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such reviews throughout the world in any media. You grant Samsung and any of its sublicensees the right to use the name that you submit in connection with such reviews. You represent and warrant that you own or otherwise control all of the rights to the reviews that you post; that the reviews are accurate; that use of the reviews you supply does not violate these Terms of Service, and will not cause injury to any person or entity; and that you will indemnify Samsung for all claims resulting from reviews you supply.

    3.8 Samsung has the right but not the obligation to monitor and edit or remove any reviews. Samsung takes no responsibility and assumes no liability for any reviews posted by you or any third party. Samsung does not endorse, promote, support, verify or monitor any content submitted to the App, or any opinion, recommendation, action or advice provided in such content. We reserve the right to remove content without prior notice and for any reason in our sole discretion.

    3.9 If you fail, or Samsung suspects that you have failed, to comply with any provisions of these Terms of Service, without limiting Samsung's other rights and remedies, all of which are expressly reserved, Samsung, in its sole discretion and without notice to you, may (i) terminate your use of the App; (ii) terminate the licenses granted hereunder; and/or (iii) preclude access to the App.

  • 4.1 Certain App features may only be used or are only accessible if you have or open a Samsung Account. In addition to the registration data you provide when opening a Samsung Account ("Registration Data"), you may be required to provide additional information ("Additional Data") before you can use the App. You agree to provide accurate, current, and complete Additional Data and to update your Additional Data as required. You further agree to maintain and update your Registration Data as required to keep it accurate, current and complete. Without in any way limiting or abrogating the Privacy Policy, you agree that Samsung may store and use the Registration Data you provide for use in maintaining your account and providing the App. You are solely responsible for any activity (and omissions) that occur on your account, for providing and maintaining accurate Registration Data and for maintaining the confidentiality of your password. If there has been an unauthorised use of your password or account, please see our Samsung Account page for more information on what you need to do. Your Registration Data and Additional Data will be subject to the Privacy Policy.

    4.2 Links to third party websites on our App are provided solely for your convenience. If you use these links, you leave our App (linked sites will generally open a new window, our App remaining open). We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to our App, you do so entirely at your own risk.

    4.3 You may not create links to our App without our prior written consent, which consent will only be given subject to the satisfaction of certain criteria.

    4.4 You shall fully indemnify us for any loss or damage suffered by us or any of the Samsung Group Companies (defined in clause 4.5 below) for breach of clause 4.3 above.

    4.5 The Samsung Group Companies means Samsung Electronics group of companies, or any other company under the Samsung brand. A full list of Samsung Group Companies is available upon request. 

    4.6 Samsung may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your applicable device settings, when your device is connected to the internet (fees may apply) either: (a) the App will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this Agreement. Samsung also reserves the right to change the App without notice.

    4.7 Even though the App is initially offered to you only with free-of-charge features, Samsung reserves the right to add fee-charging features and functionalities in the future. Samsung also reserves the right to display advertisements in connection with the App.

    4.8 Use of the App may require your devices to have access or connection via mobile network or Internet (fees may apply). Because use of the App involves hardware, software, and Internet access, your ability to use the App may be affected by the performance of these factors. You acknowledge and agree that complying with such system requirements, which may be changed from time to time, is your responsibility and that your use of any third party services may be subject to the terms and conditions of use established by the respective third party service providers.

    4.9 Samsung may offer users the opportunity to participate in certain programs that may be subject to additional terms and conditions, as part of the App. Samsung may determine your eligibility to participate in such programs in its sole discretion.

  • You acknowledge that the App is proprietary to Samsung, and protected under applicable copyright, patent, trademark and trade secret laws. You further acknowledge and agree that, as between you and Samsung, Samsung owns and will continue to own all right, title and interest in and to the App, including all associated intellectual property rights under the above referenced applicable laws. These Terms of Service and your use of the App does not grant you any ownership interest in or to the App, and you are granted only a limited license to use the App, which is revocable in accordance with the terms of these Terms of Service.

  • 6.1 The App provides you access to our Website (defined in clause 1). We use cookies for certain areas of our Website. Cookies are files that store information on your device or browser and enable us to adapt the Website to suit your demands and provide you with a more customised user experience. Further information about the cookies used on our Website is available in our Cookie Policy.

    6.2 Our use of your personal information is governed by our Privacy Policy. PLEASE READ THE PRIVACY POLICY CAREFULLY - it deals with your rights and our obligations in relation to your personal data, including what we can do with it and to whom we may give it in certain situations.

    6.3 You acknowledge that when you download, install, or use the App, Samsung may use automatic means (including, for example, cookies, web beacons, or analytics) to collect, combine and analyse data and information about your device and about your use of the App, including through the use of third party tools or services, such as Google Analytics and or Firebase Analytics. The collection of this data by these third parties is subject to their own privacy policy and applicable terms and conditions. For more information, visit: Google Analytics and Firebase Analytics. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the App or certain parts of its features or functionality, and the App may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Service is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through this App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

  • 7.1 This Agreement is effective upon your acceptance of these Terms of Service Agreement, or upon your downloading, accessing or otherwise use the App and will continue in effect unless terminated by you or Samsung as set forth in this provision. You may terminate these Terms of Service by discontinuing any further use of the App, and deleting any and all copies thereof from your devices. Samsung may terminate these Terms of Service at any time, and may do so immediately without notice, and may accordingly deny you access to the App. In addition, these Terms of Service will terminate immediately and automatically without any notice if you violate any of the terms and conditions of these Terms of Service. Upon termination: (an) all rights granted to you under these Terms of Service will also terminate; and (b) you must cease all use of the App and delete all copies of the App from your devices. (c)Termination will not limit any of Samsung's rights or remedies at law or in equity.

    7.2 If you fail, or Samsung reasonably suspects that you have failed to comply with any of the provisions of this Agreement, without limiting Samsung's other rights and remedies, all of which are expressly reserved, at its sole discretion and without notice to you, Samsung may immediately discontinue your access to the App and terminate this Agreement.

  • 8.1 The information presented on or through the App is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the App, or by anyone who may be informed of any of its contents. We may make changes to the material on our App, or to the products and any prices described in it, at any time without notice. The material on our App may be out of date, and we make no commitment to update such material.

    8.2 We provide this App for use only by persons located in the United Kingdom. We make no claims that the App or any of its content is accessible or appropriate outside of the United Kingdom. Access to the App may not be legal by certain persons or in certain countries. If you access the App from outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.

    8.3 Products sold through the App may come with a warranty from Samsung. If Samsung offers a warranty for a product, information regarding the warranty will be available with the product's packaging, online or by contacting Samsung. To the extent that these Terms of Service conflict with a warranty for a product, the warranty for the product will govern.

  • You will indemnify, release and hold harmless Samsung, its parent, subsidiaries and affiliates, and all officers, directors, agents and employees thereof, and any party acting on Samsung's behalf, from and against any and all third party claims, actions, liabilities, losses, damages, judgments, costs and expenses, including reasonable attorneys' fees (collectively, "Claims") arising out of (i) any use of the App by you or by any person that is not in accordance with the terms of the Terms of Service; (ii) any breach of these Terms of Service by you or by any person that you allow to use the App; or (iii) any violation of any laws, regulations or the rights of any third party by you or by any person that you allow to use the App

  • 10.1 Disclaimer of Warranties. THE APP IS PROVIDED "AS IS", "WHERE IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND. SAMSUNG AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OR GUARANTEES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, RELATING TO THEAPP, AND SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY (INCLUDLING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY AND NON-INFRINGEMENT) OR ANY PRODUCTS OR SERVICES RELATED TO THE APP.

    WITHOUT LIMITING THE PREVIOUS DISCLAIMER, SAMSUNG AND ITS LICENSORS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT THE APP(i) WILL OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE MANNER; (ii) WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS OR ERRORS; (iii) WILL BE SECURE OR IMMUNE (INCLUDING THE CONTENT DELIVERED TO YOU OR THE INFORMATION YOU PROVIDED) FROM UNAUTHORIZED ACCESS; (iv) WILL BE ACCURATE, COMPLETE, OR RELIABLE, THAT THE QUALITY OF THE APP, AND THE CONTENT MADE AVAILABLE THROUGH THE APP, INCLUDING BUT NOT LIMITED TO ANY CONTENT YOU OR ANY OTHER USER PROVIDES, ANY WEBSITES, SOCIAL MEDIA OR ANY OTHER RESOURCE LINKED TO THE APP,  WILL BE SATISFACTORY TO YOU, OR THAT ERRORS WILL BE CORRECTED OR THAT ANY CONTENT WILL BE UPDATED.

    10.2 Disclaimer of Certain Damages. Subject to clause 10.3, in no case shall we, any other party (whether or not involved in creating, producing, maintaining or delivering our App), any of the Samsung Group Companies, nor any of such companies' 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 our App or for any other claim related in any way to your use of our App 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 posted, transmitted or otherwise made available via our App or from the conduct of any users of our App, whether online or offline, the deletion of your data, information or content stored on our App, even if advised of their possibility, whether such losses or damages arise in contract, negligence, tort or otherwise.

    10.3 Nothing in these Terms of Service shall act to exclude or limit our 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.

  • 11.1 Governing Law. These Terms of Service, including all revisions and amendments thereto, will be governed and construed in accordance with the laws of the England and Wales.  Disputes arising in connection with these Terms of Service shall be subject to the exclusive jurisdiction of the English Courts.

    11.2 Severability. If any term or provision of these Terms of Service is held to be void or unenforceable by any judicial or administrative authority, such determination will not affect the validity of enforceability of the remaining terms and provisions of these Terms of Service. The remaining provisions of this Agreement will remain in effect and will be construed in accordance with its terms.

    11.3 Survival. Sections 3, 5, 6, 8, 9, 10 and 11 of the Terms of Service, and any other provision that by its nature should continue to be in effect, will survive the expiration or earlier termination of the Terms of Service and will remain valid and binding.

    11.4 Headings. The headings contained in the Terms of Service are for reference purposes only and will not affect the meaning or interpretation of the Terms of Service.

    11.5 No Waiver. No failure to exercise or any delay in exercising any right under these Terms of Service shall impair or operate as a waiver thereof in whole or in part. No single or partial exercise of any right under these Terms shall prevent any further or other exercise thereof or the exercise of any other right. A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.

    11.6 Entire Agreement. These Terms of Service, including any policies or amendments that may be presented to you from time to time constitute the entire agreement between you and Samsung and shall govern your use of the App, including any prior (written or verbal) offers and statements.

    11.7 Sub-contracting and Force Majeure. You agree that we may sub-contract the performance of any of our obligations or may assign these Terms of Service or any of our rights or obligations hereunder without giving you notice. We will not be liable to you for any breach of these Terms of Service, which arises because of any circumstances that we cannot reasonably be expected to control. 

    11.8 Rights of Third Parties. The Contracts (Rights of Third Parties) Act 1999 does not apply to the agreement between you and us formed by these Terms of Service.

    11.9 Nature of Relationship. These Terms of Service do not create or imply any partnership, agency or joint venture between you and Samsung.