SAMSUNG PREMIUM CARE TERMS OF SERVICE
FOR ALL GALAXY Note9; Note8; S9; S9+; S8; S8+ ENROLLED BEFORE 4/4/2019
Please carefully read these Samsung Premium Care Terms of Service (“Samsung Terms”) and the Samsung Premium Care Service Contract Terms and Conditions applicable to your covered product (“Service Provider Terms”).? By enrolling in Samsung Premium Care (“Premium Care”), or by using or retaining the benefit of the Premium Care services, you agree to be bound by both these Samsung Terms and the Service Provider Terms applicable to your covered product.? If you do not agree with these Samsung Terms or the Service Provider Terms applicable to your covered product, you should not enroll in or should immediately cancel Premium Care.
OVERVIEW FOR ALL COVERED PRODUCTS
Premium Care is a collection of services offered in connection with certain products sold by Samsung Electronics America, Inc. (“Samsung”).? Premium Care is available in the 50 United States and the District of Columbia only, and some services may not be available in all areas of the 50 U.S/D.C.? Samsung uses third-party service providers to deliver the Premium Care services (referred to herein as the “Service Providers”), and certain of the Premium Care services are described in and subject to separate Service Provider Terms administered by a Service Provider (in addition to these Samsung Terms).
Samsung reserves the right to amend these Samsung Terms from time to time; to add, remove, or modify Premium Care services; to add, remove, or modify devices that are eligible for coverage under Premium Care; to add, remove or substitute Service Providers; and/or to terminate Premium Care upon advanced written notice, in each case, at any time and in Samsung’s sole discretion. Should Samsung amend these Samsung Terms, it will post a copy of the amended Samsung Terms to?www.paperka.com?and provide email notification to the email address associated with your Samsung Account, if available.? Your continued enrollment in Premium Care will constitute assent to the amended Samsung Terms.
To be an “Eligible Product” under these Terms, a product must be a U.S. product that is covered by the Standard Limited Warranty offered by Samsung Electronics America, Inc. (and not any other Samsung affiliate); must be enrolled in Premium Care simultaneously at the time and point of purchase; and must be purchased from Samsung.com.? ?Products purchased from other sources or non-U.S. versions of Samsung-branded products are not Eligible Products and may not be enrolled in Premium Care, unless otherwise expressly provided in these Samsung Terms. You may be required to submit proof of purchase to verify that you own an Eligible Product.
Subject to change at Samsung’s discretion, without notice, the following mobile devices are currently eligible for Premium Care enrollment:
· Galaxy Note9; Galaxy Note8; Galaxy S9; Galaxy S9+; Galaxy S8; Galaxy S8+; Galaxy S8 active; (including all carrier and Unlocked versions)?
Home Appliance and Television eligibility for Premium Care is subject to change at Samsung’s discretion, without notice.?
POST-PURCHASE ENROLLMENT (FOR MOBILE PRODUCTS ONLY)
From time to time, Samsung, in its sole discretion, may permit the enrollment of certain mobile devices in Premium Care after the mobile device has already been purchased.? Such devices must meet the criteria for Eligible Devices set forth in these Samsung Terms, with the sole exceptions that they may also be purchased at authorized Samsung retailers and authorized carrier stores in addition to Samsung.com.? To enroll post-purchase, if post-purchase enrollment is available at such time, you must enroll within 365 days of purchasing your Eligible Product.
FOR MOBILE PRODUCTS:
Premium Care for your mobile device is an auto-renewal subscription plan with a monthly cost for eligible mobile device of $11.99, meaning your valid payment method will be charged $11.99 each month unless and until you cancel. Review the Automatic Renewal and Cancellation provisions below for additional information. The monthly cost of Premium Care for your mobile device depends on the number and type of Eligible Products covered by your plan.? Your credit or debit card will be charged each month as part of the subscription auto-renewal plan.
FOR TELEVISION AND HOME APPLIANCE PRODUCTS:
Premium Care for your television or home appliance product is a term plan of either 2 or 4 years for televisions or 3 or 5 years for home appliances. ?The cost of Premium Care for your television or home appliance product depends on the product type and the product pricing and is subject to change at Samsung’s discretion.? Current pricing for television and home appliance products will be reflected on Samsung.com at the time of purchase.
If you replace your Eligible Product and do not wish to continue with Premium Care, or if you wish to cancel Premium Care for any reason, you must cancel using one of the cancellation methods provided below.
You can cancel your Premium Care subscription for an Eligible Product any time by calling (866) 371-9501, 24 hours a day, 7 days a week. You can also login to your Samsung account on Samsung.com, click on “My account," and then “My Subscriptions." You will then see your active Samsung Premium Care Subscription and an option to cancel.
Alternative methods of cancellation are set forth in the Service Provider Terms applicable to your covered product. Applicable refunds, if you are eligible for any, will be calculated according to the Service Provider Terms applicable to your product.
PREMIUM CARE SERVICES DESCRIPTIONS
1. CUSTOMER CARE IN-HOME ONBOARDING SERVICE.?
The Customer Care In-Home Onboarding Service (“Onboarding Service”) is provided by Samsung through its service provider HelloTech, Inc. (“HelloTech”), 10585 Santa Monica Blvd., Los Angeles, CA 90025, Samsung@hellotech.com, and is meant to provide you with an introduction to your Eligible Product in your home or, for mobile product Premium Care customers, another place of your choosing, like a coffee shop, subject to availability at that location.? It is not a repair or replacement service, an installation or wall mounting service (for TVs/home appliances) or a warranty of any kind.
Eligible devices. Mobile devices eligible for in-home onboarding service are Galaxy Note9; Galaxy Note8; Galaxy S9; Galaxy S9+; Galaxy S8; Galaxy S8+; Galaxy S8 active; (including all carrier and Unlocked versions.
Available locations.? Onboarding Service is available in the 50 United States and the District of Columbia only.? Even within these jurisdictions, Onboarding Service may not be available in all areas.? Call (866) 371-9501 to see if your address is eligible.
Included Services.?Onboarding Service includes assistance with initial set-up, demonstration of key features and functions, explanation of quick tips and tricks for troubleshooting, and answering questions regarding your Eligible Product and Samsung hardware and software.
Excluded Services.?Onboarding Service does not include repairs; troubleshooting or software support for third-party applications; or installation or wall mounting services.? Nor does Onboarding Service include the provision of a replacement product received pursuant to an approved claim under the terms of the Samsung Standard Limited Warranty applicable to your Eligible Product or under the terms of your applicable Service Provider Terms.?
Limits.?For covered mobile devices, you are limited to one (1) Onboarding Service session per Eligible Product per 30-day period with a HelloTech technician.? For covered televisions and home appliance products, you are limited to two (2) Onboarding Service sessions total per Eligible Product, which must occur within the one-year period immediately following your purchase of the Eligible Product.
Scheduling.??To schedule an appointment, call (866) 371-9501.? Appointments are available seven (7) days a week from 9 a.m. to 9 p.m. (local time), and are subject to HelloTech availability and territorial coverage.? Each Onboarding Service session may not exceed one hour.
2. CUSTOMER CARE IN-HOME SWAP SERVICE (MOBILE PRODUCTS ONLY).?
The Customer Care In-Home Swap Service (“Swap Service”), which is only available for Galaxy Note9; Galaxy Note8; Galaxy S9; Galaxy S9+; Galaxy S8; Galaxy S8+; Galaxy S8 active; (including all carrier and Unlocked versions) covered by Premium Care, is provided by Samsung through its service provider Dish Network Service, LLC, 9601 South Meridian Boulevard, Englewood, CO 80112 (or in California, Dish Network California Service Corporation) (or in Puerto Rico, Dish Network Puerto Rico LLC) (collectively, “DISH”).? Swap Service provides you with another delivery option to receive a Replacement Device in your home or another place of your choosing, like a coffee shop, subject to availability at that location, after you have made claim under either the Samsung Standard Limited Warranty or Premium Care, and that claim has been approved.? “Replacement Device” as used in this Section 2 is a new, refurbished or recertified device of like kind and quality provided to you after you submit a claim under the Samsung Standard Limited Warranty applicable to your mobile device, or following the procedures outlined in the Service Provider Terms applicable to your Galaxy Note9; Galaxy Note8; Galaxy S9; Galaxy S9+; Galaxy S8; Galaxy S8+; Galaxy S8 active; (including all carrier and Unlocked versions).
Eligible devices. Mobile devices eligible for in-home onboarding service are Galaxy Note9; Galaxy Note8; Galaxy S9; Galaxy S9+; Galaxy S8; Galaxy S8+; Galaxy S8 active; (including all carrier and Unlocked versions)
Available Locations.? Swap Service is available in limited metropolitan locations in the 50 United States and the District of Columbia only.? Call (866) 371-9501 to see if your address is eligible.
Included Services.?Swap Service includes delivery of a Replacement Device, transfer of data from your non-working Eligible Device onto the Replacement Device (where possible depending on the functionality non-working device), and return of non-working Eligible Device.? Swap Service is available only after you have submitted a claim under your Samsung warranty or following the procedures outlined in the?Service Provider Terms applicable to your Galaxy Note9; Galaxy Note8; Galaxy S9; Galaxy S9+; Galaxy S8; Galaxy S8+; Galaxy S8 active; (including all carrier and Unlocked versions).
Excluded Services.?Swap Service does not include repairs.
Data on Non-Working Device.?You are solely responsible for backing up any data on the non-working Eligible Device and deleting, encrypting or otherwise protecting your data from unauthorized use.? DISH will not backup or restore your data, and is not responsible for any data that is lost or corrupted.?
Non-Working Device Return.? You must return your non-working Eligible Device to the DISH technician once he or she has provided you with a Replacement Device and has transferred your data (if possible depending on functionality of non-working device).? Mail-in device return is not available with Swap Service.
Scheduling.??Swap Service can be scheduled 7 days a week from 8 a.m. to 5 p.m. (local time).? To schedule or change an appointment, call (866) 371-9501, seven (7) days a week (9 a.m. to 9 p.m. Eastern Time).
3. ALL OTHER PREMIUM CARE SERVICES
All other services provided under Premium Care are provided by the following Service Providers: Federal Warranty Service Corporation (most states), Sureway, Inc. (California), United Service Protection, Inc. (Florida), Assurant Service Protection, Inc. (Oklahoma).? These other services are fully described in and subject to additional Service Provider Terms.?
If your covered product is a Galaxy Note9, Note8, S9, S9+, S8, S8+, please review the following Service Provider Terms for more information and additional terms and conditions regarding your Premium Care coverage: http://www.paperka.com/us/support/premium-care/service-contract-terms-and-conditions/?
If your covered product is a television or a home appliance product, please review the following Service Provider Terms for more information and additional terms and conditions regarding your Premium Care coverage: http://www.paperka.com/us/support/premium-care/service-contract-tv-terms-and-conditions/
MISCELLANEOUS PROVISIONS GOVERNING ALL COVERED PRODUCTS
PRIVACY AND COMMUNICATIONS.?
By enrolling or participating in Premium Care, you understand and agree that it may be necessary for Samsung, its subsidiaries, affiliates and agents, (collectively “Samsung Parties”), the third party providers delivering the services directly or on behalf of Samsung, and Samsung’s authorized retailers or resellers of Premium?Care services to collect, process, transmit, maintain, share, and use certain of your personal information, such as your name, address, phone number, email address, or Premium Care payment status, to sell, provision, or perform the service?and support obligations under Premium Care. You may receive periodic Premium Care-related communications from Samsung Parties or the third party providers, such as notices regarding your Premium Care subscription and changes to the Premium Care service.
LIMITATION OF LIABILITY.??THESE SAMSUNG PREMIUM CARE TERMS OF SERVICE SET OUT THE FULL EXTENT OF THE RESPONSIBILITY OF SAMSUNG AND THE SERVICE PROVIDERS, AND YOUR EXCLUSIVE REMEDIES REGARDING PREMIUM CARE.? ALL IMPLIED WARRANTIES, IF ANY, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF YOUR PREMIUM CARE COVERAGE.? IN NO EVENT SHALL SAMSUNG OR THE IN HOME SERVICE PROVIDERS BE LIABLE FOR DAMAGES IN EXCESS OF THE TOTAL SUM OF YOUR PREMIUM CARE PAYMENTS OR FOR, WITHOUT LIMITATION, COMMERCIAL LOSS OF ANY SORT; LOSS OF USE, TIME, DATA, REPUTATION, OPPORTUNITY, GOODWILL, PROFITS OR SAVINGS; INCONVENIENCE; INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES; OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE PREMIUM CARE.? SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE DISCLAIMER OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU.
NEITHER SAMSUNG NOR THE SERVICE PROVIDERS MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE OR SUITABILITY OF THE PREMIUM CARE SERVICES.
Nothing in any other information you may have received describing Premium Care shall be construed to create an express warranty of any kind with respect to Premium Care.? No agent, employee, dealer, representative or reseller is authorized to modify or extend these Samsung Premium Care Terms of Service or to make binding representations or claims, whether in advertising, presentations or otherwise, on behalf of Samsung or the Service Providers regarding Premium Care or the Samsung Premium Care Terms of Service.
These Samsung Premium Care Terms of Service give you specific legal rights, and you may also have other rights that vary from state to state.
FOR ALL PRODUCTS: Disputes you may have with Federal Warranty Service Corporation, Sureway, Inc., United Service Protection, Inc. or Assurant Service Protection, Inc. (collectively, the “Assurant Parties”), are governed by the Service Provider Terms applicable to your covered product.
FOR MOBILE PRODUCTS ONLY:??Any dispute you may have with the Samsung Parties or the Service Providers other than disputes with any of the Assurant Parties (as representatives of Samsung in the provision of Premium Care) arising out of or relating to Premium Care for your covered mobile product shall be governed by the Arbitration Agreement (including its 30-day opt-out provision) included in the Samsung Terms and Conditions that apply to your Eligible Product.??For more information about your rights, obligations, opt-out opportunities and the full terms of the Arbitration Agreement, see?www.paperka.com/us/Legal/Phone-HSGuide, the printed materials enclosed in the box, or the Legal section of the settings menu of your Eligible Device (typically in the “About Device” or “About Phone” section).?As stated in such Arbitration Agreement, you agree that any such dispute shall not be combined or consolidated with a dispute involving any other person’s or entity’s Premium Care service or subscription or Eligible Device or claim, and specifically, without limitation of the foregoing, shall not under any circumstances proceed as part of a class action.??For avoidance of doubt, HelloTech, Inc., Dish Network Service, LLC, Dish Network California Service Corporation, and Dish Network Puerto Rico LLC are intended to be and should be construed as third-party beneficiaries under such Arbitration Agreement.
FOR TELEVISION AND HOME APPLIANCE PRODUCTS: Any dispute you may have with the Samsung Parties or the Service Providers other than disputes with any of the Assurant Parties (as representatives of Samsung in the provision of Premium Care) arising out of or relating to Premium Care for your covered television or home appliance product shall be governed by the Arbitration Provision set forth in the Service Provider Terms applicable to your covered product.?
MODIFICATION, SEVERABILITY AND HEADINGS.??These Samsung Terms cannot be modified or amended by you in any way except in a written document issued by a duly authorized representative of Samsung.? The invalidity or unenforceability of any provision of these Samsung Terms 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 Samsung Terms 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.? The section headings contained in these Samsung Terms are for reference purposes only and shall not affect the meaning or interpretation of these Samsung Terms.
Last Updated:?April 3, 2019