Terms Of Use

Samsung Care+ Portal Website Terms Of Use (the “Terms of Use”)

Acceptance of Terms

Please read these Terms of Use carefully before using this Samsung Care+ portal website (the “Site”). If you do not agree with any part of these Terms of Use, you must not use the Site or any of its services.

By accessing and using the Site, you agree to be bound by these Terms of Use without limitation or qualification, as may be modified by Us at any time without notice to you. Please check this page regularly for changes or updates.

The Site is owned by Samsung Electronics Canada Inc. (“Samsung”). However, Samsung’s third-party provider, Assurant Services Canada Inc. (“Assurant”, and collectively together with Samsung, “We”, “Our” or “Us”), is responsible for managing its entire Contents, features and functionality. Assurant is the administrator for Samsung Care+, on behalf of Samsung.

You acknowledge and agree that We, shall not have any legal, equitable or other liability of any kind to you as it relates to your use of the Site or its services.

Further, you acknowledge you have read and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations, including without limitation Canada export and re-export control laws and regulations regarding the transmission of technical data exported from Canada. By your use of the Site, you agree to each of the terms and conditions set forth herein. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content (as defined below). You represent you have the legal authority to accept these Terms of Use on behalf of yourself or any party you represent.

Permitted Use

All of the content in the Site is made available only for your personal, lawful, non-commercial use in connection with seeking services under the Samsung Care+ program. Use of the Site for any other purposes is strictly prohibited.

Except as expressly mandated by law, you may not, without Our prior written permission: (i) link from another website to this Site; (ii) post, transmit, copy, modify, create derivative works from, distribute, sell, or republish anything you obtain or download from the Site; (iii) engage in systematic retrieval of data or other content from the Site; (iv) assign or transfer any rights granted by these Terms of Service; or (v) access, or attempt to access, the Site through any automated means (including use of scripts, crawlers, or similar technologies).

You further agree not to, when using the Site: (1) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (2) harm minors in any way; (3) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (4) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site; (5) upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (6) upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (7) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (8) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (9) interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service; (10) “stalk” or otherwise harass another person or entity; or (11) collect or store personal data about other users. You agree that violation of any of the foregoing, which shall be determined in Our sole discretion, will result in your immediate disqualification from using the Site, and may result in additional legal actions being taken by Us.

Our Services

The information and material provided on the Site may not describe all of the terms, conditions, and exceptions applicable to the Samsung Care+ program. Please refer to the terms and conditions of your Samsung Care+ plan for full details.

Availability of Site

While We have taken care in the preparation of the Site, and We use reasonable efforts to include accurate and current information on the Site, certain technical matters may be beyond Our control and We cannot guarantee that you will have uninterrupted or error free access to all of the Site or its services at all times, that defects will be remedied, or that the Site, or the server that makes the Site available, are virus or bug free. Access may be suspended occasionally or restricted to allow for repair or maintenance or for the introduction of new services. You agree that We may stop (permanently or temporarily) providing the Site (or any features or services within the Site) to you anytime for any breach of these Terms of Use, or at Our sole discretion, without prior notice to you. You acknowledge that We may, at any time and in Our sole discretion, change the requirements (type of Internet access, hardware, software) to use the Site, and any features and services available on the Site.

Copyrights and Trademarks

All trademarks, logos and service marks (the “Marks”), information, communications, software, scripting, photos, text, video, graphics, images, design, music, sounds and other materials and services (collectively “Content”) found on the Site are owned, controlled, or licensed by Assurant and/or Samsung and its respective affiliates. Assurant, Samsung and/or their respective licensors retain all right, titles, and interest to all Content provided on this Site. The posting of Content on this Site does not constitute a waiver by Assurant, Samsung or any of its respective licensors of any rights in such material and does not transfer any rights to any user of this Site.

We may modify, suspend, withdraw or discontinue, temporarily or permanently, the Content, in whole or in part, at any time without notice. You agree that We shall not be liable to you or to any third party for any modification, suspension, withdrawal or discontinuance of the Content.

The unauthorized copying, displaying or other use of any Content from this Site is a violation of the law. You acknowledge having been advised by Us that the Content is protected in Canada and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws and other proprietary rights law (collectively, “Rights”). In addition to Samsung’s and Assurant’s rights in individual elements of the Content, Samsung, Assurant or their licensors, own a copyright in the selection, coordination and arrangement of the Content. You are hereby granted permission to access the Content from the Site in whole or in part, solely for the purposes of using the services found on the Site. This permission terminates automatically if you breach any of these Terms of Use. Neither title nor intellectual property rights are transferred to you, but remain with Samsung or Assurant, who own full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert any software that may be included as part of the Content to a perceivable form. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content on the Site for commercial or public purposes. We do not grant you any permission to use the Content other than the permission expressly stated in these Terms of Use. All other use of Content from the Site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another website, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, or downloading and using software repeatedly for uses other than those expressly permitted may not be made without Our prior express written consent.

No part of this Site including any Content may be reproduced without written permission from Us. For greater certainty, you are prohibited from using any Mark for any purpose without the express written permission of Assurant and/or Samsung.

Privacy and Account Details

We are committed to safeguarding the privacy of Our customers' information in accordance with good business practices. Assurant may collect, use, and share personal information provided by you to Us, and obtained from others with your consent, or as required or permitted by law. We may use the information to serve you as a customer and communicate with you. Assurant may process and store your personal information outside your province in another country, which may be subject to access by government authorities under applicable laws of that country. You may obtain a copy of Assurant’s privacy policy by calling 1-888-778-8023 or from Assurant’s website: https://www.assurant.ca/privacy-policy. If you have any questions or concerns regarding the privacy policy, the purposes and means for which your information is being collected, your rights, your options for refusing or withdrawing your consent to the use of your personal information, you may call Assurant at the number listed above.

Some portions of the Site may be protected and require user authentication for access to certain online services by providing account details associated with your plan, including the associated IMEI/Serial Number and postal code (“Account Details”). Unauthorized access or use of such portions of the Site is prohibited. You are responsible for maintaining the confidentiality of your Account Details and for restricting access to your computer to prevent unauthorized access to your plan. You accept responsibility for activities that occur under your plan and you should take all steps to ensure your Account Details are kept confidential. You agree to inform Us immediately if you have reason to believe your Account Details are being used in an unauthorized manner. For your protection, if We believe that any unauthorized access may occur or has occurred, We may terminate such access without prior notice to you. You also agree that We are permitted to act upon any instructions that are received by Us from you through the Site , and to consider such instructions as authorized by you.

You must not use the Site in any way that causes or is likely to cause access to be interrupted, or impaired in any way and you acknowledge and agree that you are responsible for electronic communications sent from your computer.

Credit Card Transactions

We may retain the credit card details you provide to Us after payment has been made if you provide Us with express consent, if required by Our payment processor or otherwise required by law. We do not maintain any security code that you may have given to Us in order to complete the initial payment. This assists in reducing credit card fraud. Except in exceptional circumstances, any refund We provide to You for any service fee You have paid by credit card is made back to the credit card account used to make the payment.

Indemnification

To the extent permitted by law, You agree to defend, hold harmless and indemnify Us, Our affiliates and their respective directors, officers, employees and agents from and against any and all service requests, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or accruing from Your use of the Site, any third-party site, or Your violation of these Terms of Use.

Disclaimer and Limitation of Liability

Access to and use of this Site is at your own risk. While We endeavor to use all reasonable efforts to ensure that the information contained on the Site is current, accurate and complete at the date of publication, and We do Our best to correct errors and omissions as soon as We can, all information, products, services, content and other material on the Site, accessible from the Site, or on a third-party site are provided “as is” and without warranties or representations of any kind, either express or implied. This means that We expressly disclaim all express or implied warranties, including, without limitation, the warranties of title, non-infringement, security, accuracy, merchantability and fitness for a particular purpose. To the maximum extent permitted by law, We accept no liability for any direct or indirect loss, damage, injury, or claim, foreseeable or otherwise, including any indirect, consequential, incidental, special, punitive, or exemplary damages of any kind that arises from the use of the Site or any information contained therein (including but not limited to the Content), whether such action is based in tort, contract, negligence, strict liability, or other law, even if We have been advised of the possibility of such damages. These include, but are not limited to, damages or injury caused by any: (1) use of, or inability to use, our Site; (2) failure of performance; (3) error; (4) omission; (5) interruption; (6) defect; (7) delay in operation or transmission; (8) computer virus; (9) line failure; or (10) the unauthorized alteration of or access to Your transmissions or personal data. Notwithstanding the foregoing, except as may otherwise be provided by applicable law, your exclusive remedy and Our total liability to you for all losses, damages, and causes of action, including but not limited to those based on contract, tort, or otherwise, related to the Site (including but not limited to your use of same), shall not exceed the amount you paid to access the Site. Information on the Site may be changed or updated without notice. We have no obligation to update information on this Site, so such information may be out of date at any given time. We also may make improvements or changes in products or services described on this Site at any time without notice.

Monitoring of Telephone Calls and Emails

Telephone calls and email correspondence with Us as a result of your access to the Site may be recorded for training, administrative and security purposes, and as otherwise permitted by law. By using such communication methods you are consenting to such activities taking place.

Emails and Data Protection

Please note that there is no guarantee that any e-mail sent to this site will be received by Us or that the message will remain confidential while being transmitted. Your email address and the content of your email may be shared with, or disclosed, to third parties, who are necessary to address the content of your email, and as otherwise permitted by law. We may retain the content of the form or email, the email address and Our response. This enables Us to retain an audit trail of Our contact and provide you with the product, service or information You may have requested.

Severability

If any provision of these Terms of Use is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any local, provincial or federal court, such invalidity shall not affect the enforceability of any other provision of the Terms of Use. The remaining provisions of these Terms of Use will continue to be valid and enforceable.

You agree that if We do not exercise or enforce any legal right, remedy, or provision that is contained in these Terms of Use (or which We have the benefit of under any applicable law), this will not be taken to be a formal waiver of Our rights and that those rights or remedies will still be available to Us.

Jurisdiction and Enforceability

By accessing and using the Site, you agree that the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflicts of laws principles, will apply to and govern all matters relating to the use of the Site, and you agree that any litigation shall be subject to the non-exclusive jurisdiction of the provincial or federal courts in the Province of Ontario. If you access an international website of one of Our companies from this Site, such international site is subject to the applicable laws of the jurisdiction(s) to which such company or companies are subject.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, or these Terms of Use, must be filed within one (1) year after such claim or cause of action arose or be forever barred. The Section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

Assurant reserves the right to seek any remedy available at law or in equity for any violations of these Terms of Use, including the right to block access from a particular internet address to this Site.

Entire Agreement

These Terms of Use state the entire agreement between You and Us with regard to the subject matter discussed above, superseding any prior agreements between You and Us relating to your use of the Site.