Article 1 (Purpose)



These Terms of Use are aimed at defining the rights, duties, responsibilities and other necessary issues between Samsung Electronics Co., Ltd. (hereafter referred to as “Samsung Electronics”) and the users who use all the services (hereinafter referred to as “services”) on the SMART APPLIANCE website (http://www.samsungsmartappliance.com) (hereinafter referred to as “the site”) operated by Samsung Electronics.



Article 2 (Definitions)



The terms used in the Terms of Use are defined as follows:

1. “Member” refers to somebody that provides his/her personal information to Samsung Electronics and accepts the Terms of Use when signing up with this site and using the relevant services.

2. "Withdrawal" means that a member terminates the service agreement unilaterally.



Article 3 (Effects and Revision of the Terms of Use)



① Samsung Electronics publishes these Terms of Use on the initial service screen. However, the entire contents of the Terms of Use are only displayed in a linked screen and they take effect when a user accepts these Terms of Use and signs into this site as a member.

② Samsung Electronics may revise these Terms of Use in ways that do not violate any relevant laws such as the "Enforcement Decree of the Regulation of Standardized Contracts Act", the "Act on Promotion of Information and Communication Network Utilization and information Protection, etc.".

③ If Samsung Electronics revises the Terms of Use, Samsung Electronics will post the effective date and the reason for the revision with the current Terms of Use on the initial service screen in the same way as in Clause 1, 7 days before the effective date until the day before the revised Terms of Use take effect. However, if the revision of the Terms of Use is unfavorable to member(s), they must be posted from 30 days before the effective date of the revised Terms of Use to 1 day before the effective date of the revised Terms of Use and users must be notified separately in a clear manner such as by sending them an individual email(s), etc.

④ Based on the previous clause, Samsung Electronics will post the notice and notify users clearly that the Terms of Use will be revised and that Samsung Electronics will regard the member to have accepted the revised Terms of Use in case he/she does not clearly express his/her refusal within 30 days. That is, if a member does not express his/her refusal clearly, Samsung Electronics will consider that the member has accepted the revision.

⑤ If members do not accept the revised Terms of Use, Samsung Electronics cannot apply the revised Terms of Use and members can terminate the service agreement. However, if there is any special reason that the existing Terms of Use cannot be applied, Samsung Electronics can terminate the service agreement.

⑥ If a member accepts the Terms of Use, the Terms of Use are applied to the services and will precede to any other agreements. Subject matter not specified in the Terms of Use shall be regulated in accordance with relevant laws and commercial practices.



Article 4 (Providing and Changing Services)



① The following services are provided by Samsung Electronics on this site.

1. Remote control of air conditioners.

2. Providing status information and control history of an air conditioner.

3. Other tasks designated by Samsung Electronics.

② Samsung Electronics can change services if there is an inevitable reason such as a modification to the technical specifications, etc. In this case, a description of the changed service with its effective date should be posted immediately where the current service is posted.

③ If necessary, Samsung Electronics may modify/change the air conditioner program through the internet without the additional consent of a member to automatically update the relevant service.

④ Samsung Electronics provides these services to members free of charge for 3 years from the purchase date of the product subject to these Terms and Conditions.

⑤ If the time period in the previous clause has passed, Samsung Electronics can change the free services into fee-based services. In this case, Samsung Electronics and the member should enter a new, separate agreement for the fee-based services.



Article 5 (Termination of Services, etc.)



① If maintenance, replacement or failure of computing devices and/or telecommunication equipment is required or occurrs; or a loss of communications occurs, Samsung Electronics may temporarily stop providing services.

② Unless Samsung Electronics intentionally committed an act or has acted in grossly negligent manner that resulted in the error or disruption, Samsung Electronics does not take any responsibility for the loss or damage incurred by users or third parties caused by a temporary disruption of services due to the reason in Clause 1.

③ If a service cannot be provided due to a change of business area, abandoning the business, merging with another company, etc., Samsung Electronics will notify users of this fact as designated in Article 8 and terminate part or all of the services.

④ Samsung Electronics does not take responsibility for terminating the services in the previous clause.



Article 6 (Use of Services)



① If a member wants to use the services, he/she should enter his/her personal information in the application form provided by Samsung Electronics and accept these Terms of Use.

② If the registered personal information in the previous clause has been changed, members should renew their member information immediately.

③ Even though the service is available 24 hours a day, Samsung Electronics may change the service hours if there is an unavoidable reason that requires carrying out specific work.



Article 7 (Withdrawal and Disqualification of Members, etc.)



① Members can request Samsung Electronics to terminate their membership at any time, and Samsung Electronics will process with a member’s withdrawal request immediately.

② If the following cases apply to any member, Samsung Electronics can restrict and suspend their membership.

1. If a member enters false information when registering.

2. If a member obstructs others in using services or unlawfully uses another person’s personal information.

③ If a member repeats the same behavior more than twice after Samsung Electronics has restricted/suspended his/her membership, Samsung Electronics can disqualify his/her membership.

④ If Samsung Electronics disqualifies a member, his/her member registration is canceled. In this case, the member is notified of his/her disqualification in accordance with Article 8 and given a chance to defend him or herself.



Article 8 (Notification to Members)



① In the event Samsung Electronics needs to notify members, Samsung Electronics can notify them via the email addresses they provided when registering.

② When notifying an unspecified number/class of members, Samsung Electronics can replace individual member notifications with a notice on the service bulletin board for over 1 week. However, subject matters that can significantly affect members will be notified each member individually.



Article 9 (Samsung Electronics Responsibilities)



① Samsung Electronics does not reveal or distribute personal information to others without the member’s consent. However, if a justified reason such as a request that follows the relevant laws occurs, Samsung Electronics may release the information.

② If a member raises any objections or request verification in relation to the use of services, Samsung Electronics will respond immediately.



Article 10 (Member Responsibilities)



① Members should comply with these Term of Use and related laws and not take any actions that may result in service hinderance.

② Members may not copy, reproduce, modify, transmit, publish, distribute, broadcast, translate and use any information arising from using the services, in any way, or provide it to others without the prior approval of Samsung Electronics.

③ Members must not commit any actions that conform to one of actions below. If members commit any of the following actions, Samsung Electronics may restrict/terminate/revoke their membership.

1. Commission of a crime or instigate/abet a crime.

2. Commission of treason.

3. Hinderance of good public customs and other social mores.

4. Action that disadvantages others such as harming their honor, interrupting their work, etc.

5. Action that causes telecommunication facilities to malfunction or information to be destroyed by circulating hacking programs, computer viruses, etc.

6. Infringement on another’s or a third party’s rights such as intellectual property rights.

7. Transmission of advertising or marketing information against the recipient’s wishes; or act to interrupt the stable operation of services by transferring a large amount of data, registering many posts, or committing any misdeeds against the desirable use of the service.

8. Commission of a misdeed which is banned by the relevant laws or these Term of Use or against good public customs or social mores.



Article 11 (Responsibilities of Member regarding ID and Password)



① Members are responsible for managing their own ID and password.

② Members shall not allow others to use their ID and password.

③ If a member learns that his/her ID and password have been stolen or are being used by another person, he/she must notify Samsung Electronics of this and follow any instructions received from Samsung Electronics.

④ Members must change their password every 90 days. If a member does not log in for more than 90 days, the account is converted to idle mode. In this case, members can access the account after obtaining the approval of Samsung Electronics.



Article 12 (Samsung Electronics’ Responsibilities)



① Samsung Electronics does not take responsibility for services provided free of charge.



Unless Samsung Electronics intentionally committed an act or has acted in grossly negligent manner that resulted in the error or disruption, Samsung Electronics does not take any responsibility for the loss or damage caused by one of the following reasons:

1. Loss or damage caused by a member’s password being used by a third party due to his/her improper management or by a member’s illegal action or carelessness.

2. Loss or damage caused by a member's inaction in verifying service statement or a member violating the items of these Terms of Use.

3. Loss or damage caused by a disruption or delay to a service provided by Samsung Electronics due to a Force Majeure such as a natural disaster, government regulation, blackout, fire, communications failure, etc.

③ Samsung Electronics does not take any responsibility for the reliability, accuracy, etc. of data transmitted and provided by third party sites.



Article 13 (Protection of Information)



Samsung Electronics does its utmost to protect its user’s personal information. The protection of a user’s personal information is provided subject to the "Privacy Policy" of Samsung Electronics and relevant laws.



Article 14 (Disputes Resolution)



① Samsung Electronics processes with any complaints or comments submitted by members at the highest priority. However, if it is difficult to respond immediately in a satisfactory manner, Samsung Electronics will notify users of the reason for this and the handling schedule as soon as possible.

② If a dispute arises between Samsung Electronics and a member, both parties should settle the dispute by mutual consent. However, if they fail to reach agreement, the dispute is settled in accordance with related laws and commercial practices.



Article 15 (Governing Law)



Subject matters not otherwise specified in the Terms of Use, shall be subject to the laws of the Republic of Korea and commercial practices.




2013-09-23