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Terms and Conditions

The following terms and conditions (“Terms of Use”) constitute a binding agreement between you and OSL Retail Services (“OSL”, “we”, “us”, or “our”). These Terms of Use apply to the advertisement and sale by OSL to you of any Samsung products available at http://www.samsung.com/ca/ (the “Website”).

Please ensure that you read these Terms of Use carefully as they affect your legal rights and responsibilities. If you have any questions, comments or concerns regarding these Terms of Use, please contact us at:

 

OSL Retail Services

2475 Skymark Avenue, Unit #4,

Mississauga, ON L4W 4Y6

Phone1-800-286-1595

Email: samsung@oslrs.com

 

In these Terms of Use, “Samsung” means Samsung Electronics Canada Inc. and “Tech Data” means Tech Data Canada Corporation.

 

1.     AGREEMENT 

 

These Terms of Use constitute an agreement between you and OSL regarding your access and use of the Website, all content, products and services available on or through the Website and your purchase of any products or service or placement of any order through the Website. In addition, by agreeing to these Terms of Use, you are also agreeing to the collection of personal information through the Website in accordance with these Terms of Use and our Privacy Policy available at https://oslrs.com/privacy/.

 

The products and services advertised, listed or described on the Website are invitations to you to make offers to OSL to purchase from OSL such products or services, and are not offers to sell products or services to you. You are deemed to make an offer to OSL to purchase from OSL the products or services referenced in your order upon submitting an order to us via the online checkout process. 

 

2.     CONDITIONS OF USE:

By using the Website, and each time you use the Website, you are accepting and agreeing to be bound by these Terms of Use on your own behalf or, as applicable, on behalf of the party or parties on whose behalf you are using the Website.  If you do not agree with these terms, then you may not use or visit the Website.

We may, in our sole discretion, revise these Terms of Use at any time without advance notice to you by posting the revised Terms of Use on the Website.  It is your responsibility to regularly review these Terms of Use.  If you use the Website after we make any changes, you will be accepting the changes and agreeing to be bound by the revised Terms of Use.

If you place an order on our Website, you will be bound by the Terms of Use posted on the Website at the time you place such order. Your order will be deemed to have been placed at the time you complete our online checkout process.

You may use the Website only if you are a resident of Canada, have reached the age of majority where you live and have legal capacity to enter into a legal agreement. Your use of the Website must comply with all applicable laws, and it is your responsibility to determine whether your use of the Website is legal.

By using and/or placing orders on the Website, you represent and warrant that:

·       All information you provide through the Website is true, accurate and complete;

·       You accept full responsibility for all charges, duties, fees, taxes and other financial liability resulting from your use of the Website or your user account; and

·       You consent to the collection, use and disclosure of the personal information that you provide through the Website on the terms set out in our Privacy Policy and these Terms of Use.

 

3.     USER ACCOUNTS 

 

To access some features of the Website, you may need to register for a user account.  You are solely responsible for the activity that occurs in your user account, and it is your responsibility to keep your account password secure. 

You agree to immediately notify OSL of any breach of security or any unauthorized use of your user account.  We will not be liable for any losses arising from any unauthorized access to or use of your account caused by you. 

 

4.     AVAILABILITY OF PRODUCTS

 

We do not guarantee that products as shown on the Website will be available for purchase or immediately available for delivery. Orders will be placed based on current inventory only.

 

OSL does not make any claim that products that are found on the Website are available in other locations, including retailers, direct carrier stores, and other agent locations, whether in Canada or outside of Canada. Further, OSL does not make any claim that the products available in other locations, including retailers, direct carrier stores, and other agent locations, whether in Canada or outside of Canada, are or will be available on the Website.

 

In the event that a product is not available at the shipping warehouse closest to your area, cross shipping of such product from another warehouse is not permitted.

 

5.     PAYMENT TERMS AND ADDITIONAL CHARGES

 

All payments are subject to approval by appropriate financial institutions. OSL is not liable in any way if the appropriate financial institution refuses to accept or honor a method of payment for any reason. The method of payment will be processed upon order placement and acceptance.

 

You agree to pay for the product purchase price, and all charges not included in the purchase price, which may include taxes, shipping, handling and delivery fees, and environmental handling fees, if and when applicable.

 

6.     OWNERSHIP OF THE PRODUCTS 

 

Title to any product purchased by you will pass to you once the product is delivered to the delivery address specified in your order. In the event that the delivery address is a building that requires all deliveries to be received in a common area (such as a concierge or security desk), title of the product will pass once such product is delivered to such common area. Except as otherwise provided in these Terms of Use, you accept all risk of loss, theft or damage to the products you purchase once they have been delivered to the delivery address specified in your order. In the event that you designate another person to accept the product on your behalf, you will be deemed to have received the product upon that acceptance. 

 

If you refuse or fail to accept delivery of any products you order, with the exception of refusals related to visible delivery damages or due to any of the reasons stated in the Cancellation and Return Policy set out below, any risk of loss, theft or damage will pass to you, and not limiting any other rights or remedies OSL has, OSL:

a.     Will remain entitled to payment in full for the products shipped to your delivery address, including any delivery fees incurred; and

b.     May effect any required additional delivery by whatever means it considers appropriate, and you will be liable for all additional costs incurred as a result of such refusal or failure to accept delivery. 

 

7.     DELIVERY POLICY

 

a.      General Terms

 

OSL will deliver products to valid shipping addresses located within Canada only. OSL does not deliver to P.O. Boxes nor to all areas of Canada. 

 

Delivery will be effected by scheduled carrier delivery or parcel delivery, depending on the type of product purchased as indicated at checkout.

 

Delivery fees may apply to your purchase. Your delivery fee will be calculated at checkout.

 

If you do not receive your order within the estimated delivery time specified in your shipping confirmation email, please contact https://www.samsung.com/ca/support/ (select Online Shopping), call 1-855-254-4747 or email at info.seca@samsung.com. While OSL will make a reasonable effort to deliver your products within the estimated delivery time specified in your shipping confirmation email, OSL does not guarantee delivery by that time.

 

b.     Scheduled Carrier Delivery

 

Scheduled carrier delivery is delivery by a carrier delivery company and does not include parcel delivery. Scheduled carrier delivery is subject to availability and is not available in all areas of Canada or for all products. An adult must be present to accept delivery and delivery is on a single address basis.

 

Major appliances and large TVs, as determined by OSL, will be delivered to you by scheduled carrier delivery to your residence. The delivery fee includes basic installation of certain appliances, subject to these Terms and Conditions of Purchase. Additional services such as haul-away and move within premises of old appliances, pedestal installation, stacking and door reversal are not included in the delivery fee, but may be purchased separately at an additional cost.

 

Upon placing your order, you may request a delivery date. The delivery date and the timeframe will be confirmed within 24 hours prior to such requested delivery date. This date is not guaranteed until confirmed by the scheduled carrier delivery company. OSL is not responsible if the delivery company is unable to deliver the products at the confirmed date and time of delivery due to unforeseen circumstances.

 

To change your requested delivery date, please contact Samsung through the online shopping web chat https://www.samsung.com/ca/support/ (select Online Shopping), by phone at 1-855-254-4747, or through email to info.seca@samsung.com. Although OSL will attempt to accommodate changes to requested delivery dates, OSL does not guarantee delivery on that date or within the estimated delivery times.

 

Please note that you must accept delivery of the product within thirty (30) days of receiving a confirmation that the product is ready for shipment.

 

OSL will not be held liable or responsible if the product purchased does not fit through the door, stairwell or into the designated place for the product. Please note that the scheduled delivery company reserves the right to refuse delivery or to provide additional services in unsafe moving conditions or conditions that may cause damage to the products or personal property, or that may cause personal injury. In the event that the product does not fit through the door, stairwell or into the designated place for the product, the product will be either placed in your garage or on your driveway and you will be responsible for making alternate arrangements to bring the product inside the residence.

To prepare for your delivery:

·       Measure all spaces, including hallways, stairs, doors and delivery pathways, to ensure there is at least a three (3) inch clearance on either side of the product. Remove doors, gates or railings if necessary.

·       Ensure there is a safe pathway, including on all driveways, walkways, steps and stairs.

·       Please secure any pets.

·       Disconnect and empty old appliances, or disconnect and remove old televisions from wall mounts.

·       If you have purchased an appliance, ensure you have brand new installation kit applicable to your product (e.g., connectors, hoses, venting kit, etc.). Such items are sold separately and are not included with the purchase of your appliance.

·       Ensure that a person who has reached the age of majority in your province or territory is home to accept the delivery.

·       Reserve the service elevator, if a service elevator is required.

·       Inspect your product to ensure you are satisfied with the condition of the product before signing to accept the delivery.

 

The services included in your scheduled carrier delivery are based on the product purchased, but include the following:

 i.         Room of choice delivery for all products; and

ii.         Basic installation services, subject to these Terms of Use:

o   Refrigerators*

§  Placing and leveling of your product where requested

§  Connecting the icemaker or ice and water dispenser

§  Door reversal and installing the handle, if applicable

* For ice and water dispensing refrigerator models, a working water shut-off valve must be located within six (6) feet of, and on the same floor as, the refrigerator. The shut-off valve must be corrosion free and require no plumbing alterations.

o   Washer/Dryer (electric)**

§  Placing and leveling of your product where requested

§  Connecting the dryer to the new metal dryer venting kit (sold separately)***

§  Connecting to existing hot and cold waterlines and drain (a new installation kit is required, which is sold separately)

§  Door reversal, if applicable

§  Removal of shipping bolts
**A working water shut-off valve must be located within four (4) feet of the washer, on the same floor. The shut-off valve must be corrosion free and require no plumbing alterations.

***A metal dryer venting kit for the dryer must be purchased and installed prior to the arrival of the delivery agent

 

Note that OSL does not provide any installation services for the following products:

·       Products that require a gas connection;

·       Dishwashers;

·       Ranges;

·       Over the counter microwaves.

 

The following services may be purchased at an additional fee:

·       Move within premise:

o   Moving an old appliance within your home to a desired location

·       Haul away:

o   Removing an old appliance from your home and disposing of it

·       Pedestal installation:

o   Installing a washer or dryer pedestal and placing the new appliance on top of the pedestal

·       Door reversal:

o   Removing the washer, dryer or fridge door to allow it to open from the opposite direction

·       Stacking – Washer and Dryer:

o   Placing a stackable dryer on top of the dryer attaching the stackable kit (sold separately)

 

c.      Parcel Delivery

 

All products that are not delivered by scheduled carrier delivery, as determined by OSL, will be delivered to you by parcel delivery free of charge. The exact date and time of delivery cannot be guaranteed. Tracking information may be available once shipment starts. Please note that a signature may be required upon receipt of your order.

 

8.     CANCELLATION AND RETURN POLICY

 

a.      Cancellation

 

Order cancellation for products to be delivered by a scheduled carrier delivery:

·       If you cancel your purchase more than seventy-two (72) hours prior to your requested delivery date, you will receive a full refund.

·       If you cancel your purchase less than seventy-two (72) hours prior to your requested delivery date, you will receive a full refund less the delivery fee.

 

Order cancellation for products to be delivered by parcel delivery:

·       There is no cancellation for products to be delivered by parcel delivery.

 

b.     Product Returns

 

Returns are allowed within fifteen (15) days of your receipt of the product, subject to these Terms of Use. In addition to rights you may have under applicable laws, you may return any product within fifteen (15) days from the date you receive it if:

·       The product is accompanied by all original packaging, manuals, accessories, free items and other components or parts that accompanied the product when it was delivered;

·       And the product is in an original, undamaged condition.

 

If a product is delivered via parcel delivery, the delivery fee will not be refunded unless otherwise stated in these Terms of Use.  

 

Subject to applicable laws, return requests made after the fifteen (15) day period will not be accepted. This provision applies notwithstanding any other term or condition of these Terms of Use.

 

You may return products in-store at any Samsung Experience Store in Canada, or by mail. For in-store returns, please visit your nearest Samsung Experience Store. You must provide valid photo identification and your original receipt to return your product.

 

To request a return via mail:

All returns must have a Return Merchandise Authorization (RMA) number marked clearly on the return shipping label. To obtain an RMA number, please contact Samsung through the online shopping web chat https://www.samsung.com/ca/support/ (select Online Shopping), by phone at 1-855-254-4747, or through email to info.seca@samsung.com. If you return a product without a valid RMA number and/or pre-printed waybill, OSL will not issue a credit or refund for the returned product.

 

OSL does not guarantee the compatibility of any product, and it is your sole responsibility to ensure the compatibility of any products prior to purchase. If you have any questions or concerns about the operation of your product, please contact Samsung Customer Service at 1-800-SAMSUNG.

 

c.      Defective Products

 

If your product appears to be damaged, dead on arrival (“DOA”) or otherwise defective after delivery:

·      You must report such damage, DOA or defect within forty-eight (48) hours after delivery by contacting the online shopping web chat https://www.samsung.com/ca/support/ (select Online Shopping), by phone at 1-855-254-4747, or through email to info.seca@samsung.com.

·       Upon returning your product to OSL, a diagnostics test will be performed to validate whether or not the product is defective.

·       If the product is found not to be defective (based on the reason you provided with the return request), your product will be returned to you and no credit or refund will be issued.

·       If the product is found to be defective (based on the reason you provided with the return request), your refund will be processed to your original payment method as soon as possible (including any taxes paid) and in any event not later than the time period required under applicable law.

·       If your product was shipped by scheduled carrier delivery, you may choose to replace your defective product with a new Samsung product of the same model (subject to product availability) instead of receiving a refund. The delivery fee of the replacement product will not be charged to you.

 

OSL will refuse the return of any product that has been abused or used for non-intended purposes, or that does not comply with the manufacturer’s limited warranty applicable to your product.

 

d.     Damage to External Carton Upon Delivery

 

Upon receipt of your product, please ensure you inspect its condition and the external carton carefully. If, at the time of delivery, the external carton of the product shows any sign of damage (including but not limited to scratches, tears, punctures and stains), tampering (including but not limited to open product, broken seal, and re-taped) or abuse, please ensure to (i) indicate that the external carton is damaged on the driver's route sheet, bill of lading, or waybill; and (ii) refuse the shipment.

 

If, at the time of delivery, you are aware that the external carton is damaged, but you choose to accept delivery, please follow these steps:

·       Indicate “DAMAGED UPON DELIVERY" on the driver's route sheet, bill of lading or waybill when signing for acceptance of delivery.

 

·  Report your findings within forty-eight (48) hours through the online shopping web chat https://www.samsung.com/ca/support/ (select Online Shopping), by phone at 1-855-254-4747, or through email to info.seca@samsung.com. OSL, or its agent, will make arrangements to investigate the product.

 

OSL SHALL NOT IN ANY WAY BE RESPONSIBLE IF A PRODUCT OR EXTERNAL CARTON OF THE PRODUCT DISPLAYS DAMAGE, TAMPERING OR ABUSE WHICH IS NOT NOTED AT THE TIME OF DELIVERY.

 

e.      Missing Products or Components

 

If you find that a product or a component of the product is missing, or there is a short- or over-shipment of your order, then please contact OSL within forty-eight (48) hours of acceptance of delivery through the online shopping web chat https://www.samsung.com/ca/support/ (select Online Shopping), by phone at 1-855-254-4747, or through email to info.seca@samsung.com.

 

If the issue is reported within forty-eight (48) hours of acceptance of delivery, and if the carton is not damaged and has not been moved from its original “ship to” location, Samsung will commence an investigation. In the event that Samsung or the delivery agent must investigate your delivery or product, you must keep the original shipping carton, all parts, packing material, and the product. If the investigation finds that no fault has been found with the packing, shipping and/or delivery, the investigation will be closed, with no compensation or product replacement.

 

f.      General Return Conditions

 

As part of the returns process, we want to address your privacy concerns. Before you return any product, it is your responsibility to delete any confidential, proprietary, or personal information, including de-activating your Google ID and any other accounts associated with the product, and removing all data and content stored on the product, if applicable.

 

Please ensure you have saved your information before wiping the device clean. Subject to applicable law, OSL will not be responsible in any way for any loss, disclosure of or damage to any data or content stored on the product, and OSL will not in any way be responsible for returning any data or content stored on the product back to you.

 

If the product you purchased is a phone or tablet, please wipe your product clean of your personal information, prior to returning it, by doing the following:

·         Select Settings

·         Select General Management

·         Select Reset

·         Select Factory Data Reset

·         Select Reset Device (Device requires end user pattern/pin code)

·         Select Erase Everything

 

Wireless service providers have different policies for the cancellation of their services. You are solely responsible for any service fees associated with your product. OSL will not be responsible in any way for any amounts, fees, or charges of any kind (including termination charges) associated with your wireless service provider. It is your responsibility to contact your wireless service provider for information about its policies.

 

9.     PRODUCTS SUBJECT TO ADDITIONAL TERMS AND CONDITIONS

 

The purchase of any Samsung product is subject to additional terms and conditions found at http://www.samsung.com/ca/support/warranty and found within the manufacturer’s limited warranty applicable to your product. 

 

10.   RESERVE IN STORE

Subject to availability and certain exclusions, you may reserve a product through the Website and proceed to purchase and pick up the product at a Samsung Experience Store in Canada. Once you have requested to reserve a product, we will send you an email confirming that we have received your reservation request. We will send you a second email confirming whether the product is available at the selected Samsung Experience Store.

 

If the product is available, you will have 72 hours to purchase and pick up the product at the selected Samsung Experience Store. If the product is not purchased and picked up within 72 hours, the selected Samsung Experience Store will no longer continue to reserve the product. 

 

The Reserve in Store option does not apply to pre-order offers and is subject to the availability of products. If you choose to return the product after purchase, the product must be returned to the selected Samsung Experience Store, in accordance with the Samsung Experience Store return policy. 

 

11.   OWNERSHIP

As between you and OSL, OSL  owns or licenses all intellectual property rights in and to the Website and its content, including without limitation copyright and trademark rights, information, scripts, icons, presentation, arrangements, video and audio, graphic and graphical elements on the Website (the “Content”).  Your use of the Website does not entitle you to any ownership or other rights or interests in or to the Website or the Content.  The Website and the Content are protected by Canadian and international copyright, trademark and other laws. 

 

You agree not to link, make reference to, use, reproduce, republish or re-disseminate any Content including any of our icons, logos or trademarks without our prior written consent.

 

12.   TRADEMARKS

Nothing appearing on the Website or in these Terms of Use grants to you the right to use the names, designs, trademarks or logos appearing on the Website (the “Marks”).  The Marks are the registered or unregistered trademarks, service marks, tradenames and logos owned or licensed by OSL or Samsung. All use, duplication, publication, modification or dissemination of the Marks by you is prohibited.

 

13.   THIRD PARY WEBSITES

The Website may provide links and references to other websites that are owned and operated by third parties.  We do not sponsor or endorse any information, products, goods or services contained in or offered through any of the linked websites.  These third party sites are not maintained, operated or controlled by OSL, and we provide no representation or warranty regarding these linked websites.  You assume sole liability for the access or use of such third party sites and content.

 

14.   ERRORS AND OMISSIONS: CHANGES TO THE WEBSITE, OFFERS OR ORDERS

We strive to ensure current and accurate information on our Website. However, due to changing market conditions and competition, misprints, omissions or other errors may sometimes occur, including, but not limited to, incorrect prices and/or specifications for products. Neither OSL nor Samsung guarantee that products and services advertised on the Website will be available when viewed or upon subsequent visit to a retail location or thereafter.

We endeavor to provide our customers with an agreeable solution to their shopping needs. However, we do not warrant that the content of the Website including, without limitation to, product descriptions, pricing or photographs, is accurate or complete.

We reserve the right to revoke any stated offer on our Website, and to correct any omission, error or inaccuracy, including after an online order has been submitted, whether or not the online order has been confirmed or your payment has been processed, as permitted by law.

 

 OSL at all times reserves the right to:

·       Revoke any stated offer on the Website and to correct any omission, error or inaccuracy, including after an online order has been submitted, whether or not the online order has been confirmed or your payment has been processed, as permitted by applicable law, at any time without prior notice or liability to you or any other person;

·       Change at any time the products and services advertised or made available for sale on the Website, the prices, fees, charges and specifications of such products and services, any promotional offers and any other Website content without any notice or liability to you or any other person;

·       Limit quantities available for sale or sold; and

·       Reject, correct, cancel or terminate any order, including accepted orders, for any reason, including but not limited to:

o   If the product or service is not available;

o   If we do not receive confirmation of your payment from the relevant payment processing company;

o   If there has been a product or service pricing or description error, inaccuracy or omission; or

o   If you do not meet the eligibility criteria set out in these Terms of Use.

 

15.   PROMOTIONS

You understand and agree that any promotional offers, as listed on the Website and in advertising, are limited time offers, may change at any time, and are subject to such additional terms and conditions as OSL and/or Samsung may specify from time to time.

 

16.   CONSENT FOR COLLECTION AND USE OF DATA

You acknowledge and agree that OSL and/or parties that are entrusted by OSL may collect and use information necessary to provide the services offered to you through the Website, and to improve or enhance our services. At all times your information will be treated in accordance with OSL’s Privacy Policy which can be viewed at https://oslrs.com/privacy/. You are responsible for obtaining (and you represent and warrant that you have obtained), any and all consents that may be required under applicable law from all individuals whose information may be collected by OSL and on whose behalf you are making a purchase or from all individuals whom you may be relying upon in your use of the Website.

 

17.   ACCRACY OF INFORMATION

It is your responsibility to ensure that all information that you provide to OSL through the Website is accurate, complete and up-to-date, including information required to open a user account, payment information, contact information and all transaction information.  You will be solely responsible for any and all loss, damage, cost or expense that you or any other person may incur as a result of the provision of false, incorrect, misleading or incomplete information by you.

 

18.   PERSONAL INFORMATION

OSL collects, uses and discloses personal information about its customers in accordance with the terms of its Privacy Policy, which OSL may amend or change without notice to you at any time at its discretion.  By accepting these Terms of Use, and each time you use the Website, you consent to the collection, use and disclosure of your personal information on the terms set out in OSL’s Privacy Policy.

 

You further acknowledge and agree with OSL that you consent to the collection, use and disclosure of your personal information including, without limitation, your name, address, email address, phone number, credit card and other financial information (“Personal Information”) that is gathered about you through the Website in connection with your purchase or placement of an order of any Samsung product (the “Purchase”) and the disclosure of your Personal Information to third parties who may further collect, use and disclose your Personal Information to enable OSL, Samsung and Tech Data, and any third parties and ancillary fulfillment service providers that OSL, Samsung or Tech Data determine are necessary for the fulfillment of the Purchase, to attend to post-purchase matters including repairs and returns. The foregoing includes, without limitation, collection for and disclosure of Personal Information to Samsung, third party payment service providers (e.g. PayPal and Cybersource), and delivery services used to ship the Samsung product (collectively, the “Permitted Third Parties”) and the use of the Personal Information by the Permitted Third Parties to: (a) process the Purchase and payment of same, (b) bill and collect money owed in relation to the Purchase, (c) deliver the product to you, (d) communicate with you whether directly or indirectly regarding your Purchase and advise you of other products and services that are available or may be available in the future, (e) provide you with effective customer service, including but not limited to trouble-shooting or warranty service, and ask for feedback on same, (f) remit applicable taxes, and (g) comply with legal and regulatory requirements (collectively the “Purposes”). By submitting your Personal Information you agree that the Permitted Third Parties may rely on the consents granted herein for the Purposes. You acknowledge and agree that your Personal Information may be stored outside of Canada. By submitting your Personal Information you agree that the Permitted Third Parties may rely on the consents granted herein.

 

19.   LIABILITY

YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN RISK.  THE WEBSITE AND CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATED TO ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE DISCLAIMED BY EACH OF OSL AND SAMSUNG TO THE FULLEST EXTENT PERMITTED BY LAW.

 

NEITHER OSL NOR SAMSUNG REPRESENT THAT THE WEBSITE OR THE CONTENT CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOLLOWING EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. OSL AND SAMSUNG, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, OR DAMAGES RESULTING FROM ANY (1) ERRORS OR OMISSIONS IN CONTENT, (2) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR YOUR ACCOUNT AND/OR ANY AND ALL PERSONAL INFORMATION AND OR FINANCIAL INFORMATION STORED THEREIN, (3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, OR (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY.  THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY GIVING RISE TO THE DAMAGES (INCLUDING CLAIMS FOR NEGLIGENCE OR GROSS NEGLIGENCE), AND EVEN IF OSL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. 

 

20. TERMINATION

We may, at our discretion, change, discontinue, modify, restrict, suspend or terminate the Website or any part of it any time without notice or liability to you or any other person.  We may also, at our discretion and for any reason, terminate these Terms of Use or your permission to access and use the Website without any notice or liability to you or any other person.

 

If your permission to use the Website is terminated for any reason, the remaining terms of these Terms of Use shall remain in full force and effect.  The termination of these Terms of Use or the revocation of your rights to use the Website, shall not affect the enforceability of any other agreement between you and OSL and/or Samsung.

 

21. GENERAL PROVISIONS

You acknowledge and agree that products, goods and services purchased or obtained through the Website, are subject to additional terms and conditions including, but not limited to, terms and conditions respecting payment of amounts due, purchase price, fees, and taxes and you agree to abide by all such terms and conditions.

 

The invalidity or unenforceability of any provision of these Terms of Use shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms of Use shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

 

Any delay, omission or failure by OSL and/or Samsung to exercise its rights, powers or remedies under these Terms of Use shall not constitute a waiver by OSL and/or Samsung of those rights, powers or remedies.

To the fullest extent permitted by applicable law, for users outside the Province of Quebec, all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms of Use or any matter related to these Terms of Use will be governed by and construed in accordance with the domestic laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law terms or provisions that would cause the application of any other jurisdiction’s laws. For users within the Province of Quebec, all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms of Use or any matter related to these Terms of Use will be governed by and construed in accordance with the domestic laws of the Province of Quebec and the federal laws of Canada applicable therein. The parties hereby consent to exclusive jurisdiction and venue of the courts located in Ontario in any action to enforce (or otherwise relating to) these Terms of Use or the use of the Website.

 

You may not assign these Terms of Use or assign any rights or delegate any obligations under these Terms of Use.

 

These Terms of Use do not replace and are in addition to any other agreement you may have with OSL and/or Samsung. Subject to any other agreement you have entered into with us, these Terms of Use and any other notices or statements posted on the Website constitute the entire agreement between us concerning the use of the Website, including the Content, and supersede any and all prior or contemporaneous terms of purchase, communications and proposals, whether electronic, oral or written, between you and OSL and/or Samsung with respect to the Website and Content. Any attempt to modify or alter this document will be deemed null and void, unless first approved by OSL in writing and on official company letterhead.

 

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