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PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY
These terms and conditions (the “Terms”) govern your use of any support services (the “Services”) provided by DSSC Europe and its subsidiaries, affiliates and contractors (referred to as “we”, “our”, or “us”). By accessing or using the Services via telephone, e-mail, online chat or a remote access tool, you (referred to as “you” or “your” including any person or any legal entity that you authorized to represent you) and other users of the Services (collectively, “Users”) agree to the Terms. If, at your request, we agree to send our employees or representatives to your place of business or other location, designated by you and agreed to by us, in order to provide you with the Services, then these Terms shall also govern such provision of Services.
You represent and warrant to us that (a) you are at least 18 years old; (b) you have the right capacity and authorization necessary to legally bind yourself to the Terms; (c) you have read and agreed to the Terms, (d) you will comply with all treaties, laws, rules and regulations applicable to your use of the Services, and (e) any information you submit to us is correct and complete.
SCOPE OF THE SERVICES
We may suspend your business operation temporarily where and when necessary for operational reasons such as repair, maintenance or improvement or because of an emergency. In such an event, we will endeavour to restore your business operation after suspension as soon as reasonably possible.
Whilst we make every effort to help protect you from computer viruses and security exploits, we do not accept any liability for problems caused by either. We will provide, where possible, information on how to obtain basic help should either affect you, however problems relating to viruses and security exploits are excluded from the Services.
DISCLAIMER OF WARRANTIES & INDEMNITY
You agree to defend, indemnify and hold us, its directors, officers, employees, agents, affiliates, and contractors harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from or related to your use of the Services or your violation of the Terms.
In no event shall we, our suppliers, and referral partners or any of the respective directors, officers, employees, agents, contractors or content or service providers be liable for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind or nature, whether from contract, tort (including negligence), mispresentation, strict liability or any other legal or equitable theory, arising from directly or indirectly related to the use of, or the inability to use, the Services, software, content or your device and other technology including, without limitation, lost sales, lost revenue, lost profits or other loss of business, loss of or damage to data, or cost of substitute services even if we have been advised of the possibility of such damages.
DATA BACKUP
AUTHORIZATION TO REMOTE ACCESS
By accepting these Terms, you hereby grant us the right to connect to your Device, download and use software on your Device to gather system data, repair your Device, take remote control of your Device and change the settings on your Device while performing the Services. You agree that we have no responsibility or liability under any circumstance at any time for any loss or harm that may arise from or may be related to the Services.
We may, but have no obligation to, monitor and record the Services, including telephone calls and online chats or remote access sessions for purposes of improving customer service, internal training and internal marketing research. You hereby grant permission to us to monitor and record the Services and to use or disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request; to provide the Services to you and our Users; to protect ourselves and/or our Users; and to enhance the types of Services we may provide to you in the future. You also grant us permission to combine your information with that of others in a way that does not identify you or any individual personally to improve the Services, for training, for marketing and promotional purposes, and for other business purposes.
USE OF THE SERVICES
You may not use, download, upload, copy, print, display, perform, reproduce, assimilate, publish, license, post, transmit or distribute any information, data, text, photographs, graphics, video, or other materials provided with the Services without the prior written permission from us. Any rights not expressly granted herein are reserved by us.
You shall not: (a) use the Service for any illegal purpose, (b) misuse, abuse or make any unauthorized use of any property, network, website, personnel or equipment of ours or our customers or suppliers, including but not limited to interfering with or otherwise disrupting networks connected to the Service, (c) engage in any activities or actions in connection with the Services that infringe or misappropriate the intellectual property rights of others, including without limitation, copyright, patent, trademark, trade secret and confidential information, (d) engage in any activities that violate the personal privacy or publicity rights of others; (e) access, monitor or use data, traffic, computers, systems, facilities or networks provided with or accessible from the Services, without proper authorization, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; (f) send unsolicited commercial messages, advertising, informational announcements or communications in any form (“SPAM”) in connection with the Services; or (g) interfere with the Services or any system, service, network, or person accessible from the Services, including without limitation deliberate attempts to overload a system by the multiple postings of messages.