Version 30 May 2022
1.1 This legal notice (these "Terms") applies to the entire contents of our website samsung-climatesolutions.com ("Website").
1.2 These Terms are issued by, and our Website is provided by Samsung Electronics Air Conditioner Europe B.V. ("SEACE"), a company incorporated in the Netherlands under registered number 67060269 (VAT number: NL856813230B01) and whose registered office is at Evert van de Beekstraat 310, 1118 CX Schiphol in the Netherlands. All references to "we", "us" and "our" are references to SEACE. You may contact us via climate.partners@samsung.com.
1.3 These Terms constitute a binding legal agreement between SEACE and you. Please read these Terms carefully before using our Website. Using our Website indicates that you accept these Terms. If you do not accept these Terms, do not use our Website. We may revise these Terms at our sole and absolute discretion from time to time. You should therefore check our Website from time to time to review these Terms.
2.1 You are permitted to print and download extracts from our Website for your own personal, non-commercial use on the following basis: (a) no documents or related graphics on our Website are modified in any way; (b) no graphics on our Website are used separately from the corresponding text; and (c) our copyright and trade mark notices and the provisions of this clause 2 appear in all copies.
2.2 Unless otherwise stated, the copyright, trademarks, database rights and other intellectual property rights in all software, source code and other content and material on our Website (including without limitation photographs and graphical images) are proprietary rights owned by us or our licensors. For the purposes of these Terms, any use of extracts from our Website other than in accordance with clause 2.1 above for any purpose is prohibited. If you breach any of these Terms, your permission to use our Website automatically terminates and you must immediately destroy any downloaded or printed extracts from our Website. Any rights not expressly granted in these Terms are reserved.
2.3 Subject to clause 2.1 above, no part of our Website may be reproduced or stored in any other Website or included in any public or private electronic retrieval system or service without our prior written permission.
2.4 Our Website may not be used in connection with any commercial purpose except those that are specifically endorsed or approved by us. Appropriate legal action will be taken by us for any illegal or unauthorised use of our Website.
3.1 Information about how we process personal data in regards to our Website is included in our Privacy Notice which can be found in the footer on our Website.
3.2 Information about how we use of cookies and similar techniques on our Website is included in our Cookie Notice which can be found in the footer on our Website.
4.1 You are prohibited from posting or transmitting to or from our Website any material: (a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or (b) for which you have not obtained all necessary licences and/or approvals; or (c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or (d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.2 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clause 4.1 above.
5.1 Links to third party websites on our Website are provided solely for your convenience. 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 Website, you do so entirely at your own risk.
6.1 We do not guarantee, represent or warrant that your use of our Website will be uninterrupted or error-free. While we endeavour to ensure that our Website is normally available 24 hours a day, we shall not be liable if for any reason our Website is unavailable at any time or for any period. Access to our Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
6.2 Subject to Clause 6.5, the material on our Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with our Website on the basis that we exclude all representations, conditions and other terms and expressly disclaims any warranty of any kind, either express or implied, including all implied warranties of satisfactory quality, fitness for a particular purpose, suitability, reliability, timeliness, accuracy, completeness, security, title and non-infringement which, but for these Terms, might have effect in relation to our Website.
6.3 We do not represent or guarantee that our Website will be free from loss, corruption, attack, viruses, interference, hacking or other security intrusion, and we disclaim any liability relating thereto. You shall be responsible for backing up your own system and if your use of material on our Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
6.4 We may make changes to the material on our Website, or to the products and any prices described in it, at any time without notice. The material on our Website may be out of date, and we make no commitment to update such material.
6.5 Nothing in these Terms 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. If you are a consumer, your statutory rights are not affected.
6.6 If you are dissatisfied with any part of our Website or with these Terms, you should immediately stop using this Website and contact us via climate.partners@samsung.com.
7.1 If you are a business, by using our Website, you agree to indemnify and hold us, including our 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 our Website, any action taken by us as part of our investigation of a suspected breach of these Terms or as a result of our finding or decision that a breach of these Terms has occurred.
8.1 No failure to exercise or any delay in exercising any right under these Terms 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.
8.2 You may not assign or transfer any of your rights or obligations under these Terms unless we agree in writing. You agree that we may sub-contract the performance of any of our obligations or may assign all or part of these Terms or any of our rights or obligations hereunder without giving you notice.
8.3 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 continue in effect.
8.4 These Terms are between you and us only and are governed by and shall be construed in accordance with the laws of the Netherlands. However, if you are a consumer, you will retain the benefit of any mandatory protections given to you by the laws of the country where you reside. Any disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the Dutch courts or (if you are a consumer) in the courts of the country where you reside.
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