Terms of Use

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Website Terms of Use

These Website Terms of Use (“Terms”) apply to you personally and your use of the Huawei platform at https://consumer.huawei.com/my/ (“Platform”), which is a virtual platform operated by Huawei Technologies (Malaysia) Sdn. Bhd., a company registered in Malaysia under the law of Malaysia whose registered office is at Suite 34-01, Level 34, Integra Tower, the Intermark,348, Jalan Tun Razak, 55000 Kuala Lumpur, Malaysia (hereinafter referred to as “we”, “us”, “our” or “Huawei”).

You must be eighteen (18) years of age or older to access or use the Platform. If you are a minor, under the age of eighteen (18) years, you may use the Platform only with the involvement and guidance of your parent or guardian. We assume no responsibility for any risks and liabilities resulting thereby, to the extent permitted under applicable provisions of law.

YOUR ACCEPTANCE OF THESE TERMS

By using the Platform, you confirm that you accept these Terms and that you agree to comply with them. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE OUR PLATFORM.

CHANGES TO THESE TERMS

We reserve the right to change, modify, add or remove portions of these Terms at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Platform following the posting of changes will mean that you accept and agree to the changes. SHOULD YOU OBJECT TO ANY CHANGES TO THE TERMS, YOU MUST IMMEDIATELY STOP USING THE PLATFORM. The current version is most recently updated on 30th June 2021.

OTHER TERMS MAY APPLY

Additional terms and conditions may apply to the provision of our goods or services, including events, promotions, online community or other similar features, and to specific portions or features of the Platform, all of which terms are made a part of these Terms by this reference.

• On how this Platform uses your personal data, please refer to our Privacy Policy.

• If you choose to make purchase on our Platform, Terms and Conditions of Sale will apply.

• If you would like to participate in our online community, please refer to our Terms and Conditions of Community.

• This Platform uses cookies and other similar technology, please refer to our Cookie Policy.

If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Platform, or for any service offered on or through the Platform, the latter terms shall prevail with respect to your use of that portion of the Platform or the specific service.

You may enter into separate agreements, whether online or offline, with Huawei or our affiliate for any products or services (“Additional Agreement”). If there is any conflict or inconsistency between these Terms and an Additional Agreement, the latter shall take precedence over these Terms only in relation to those products or services concerned.

ACCOUNTS AND REGISTRATION

The use of certain features and services of the Platform may require your prior registration, including setting up your HUAWEI ID, if you do not already have one. You will have to acknowledge and agree with additional terms of the HUAWEI ID User Agreement.The data controller of HUAWEI ID is Huawei Services (Hong Kong) Co., Limited, a Huawei affiliate based in Hong Kong. To learn more about how Huawei Services (Hong Kong) Co., Limited processes your personal data, please refer to its Statement about Huawei ID and Privacy.

If you choose, or you are provided with, a user identification code, password, or any other piece of information as part of our security procedures, you must keep such information secret and confidential. You must not disclose it to any third party. All actions via your Huawei ID will be considered as your own and you shall be responsible for such actions.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of applicable Terms.

If you know or suspect that someone other than you knows your user identification code or password, you must promptly notify us at mobile.my@mail01.huawei.com.

INTELLECTUAL PROPERTY

Huawei is the owner or the licensee of all intellectual property rights on this Platform, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Huawei’s status (and that of any identified contributors) as the authors of content on this Platform must always be acknowledged.

You must not use any part of the content on this Platform for commercial purposes without obtaining a license to do so from us or our licensors.

Any use other than in accordance with these Terms is prohibited. If you breach any of these Terms, your permission to use the Platform automatically terminates and you must immediately destroy any downloaded or printed materials from this Platform.

YOUR USE OF THIS PLATFORM

You shall use our Platform only for lawful purposes. You shall not use our Platform:

• In any way that breaches any applicable local, national or international law or regulation.

• In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.

• For the purpose of harming or attempting to harm minors in any way.

• To bully, insult, intimidate or humiliate any person.

• To send, knowingly receive, upload, download, use or re-use any illegal material.

• To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation.

• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You further confirm that you shall not access without authority, interfere with, damage or disrupt:

• any part of our Platform;

• any equipment or network on which our Platform is stored;

• any software used in the provision of our Platform; or

• any equipment or network or software owned or used by any third party.

You must not misuse this Website by knowingly introducing viruses, trojans, spider, robot, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to this Platform, the server on which this Platform is stored or any server, computer or database connected to our Platform. You must not attack our Platform via a denial-of-service attack or a distributed denial-of service attack. In the event of such a breach, your right to use our Platform will cease immediately.

USER CONTENT

You undertake not to post material or make contributions on this Platform that are to be considered inappropriate. In particular, none of your contributions may contain:

• Profanity;

• Pornography;

• Violent language;

• Harassment, intimidation or bullies actions to an individual or group of individuals;

• Content that seeks to exploit others;

• Reproduction or endorsement of violence, racism, discrimination;

• Material violating applicable laws and/or rights of others; or

• Advertisement for other products other than Huawei’s.

You warrant that any such contribution does comply with preceding paragraph, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty aforementioned.

While your copyright protected by the applicable law remains unaffected, you herewith grant to us a non-exclusive, worldwide, permanent right regarding your contents to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, edit, translate, create derivative works using your contents by posting or displaying any pictures, logos, trademarks, service marks, brands, comments and any other information, content or material on this Platform.

Commentary and other materials posted on the Platform are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Platform, or by anyone who may be informed of any of its contents.

Since Huawei does not control or pre-screen the User Content, Huawei makes no warranty of the accuracy, integrity or quality of any User Content, and you acknowledge that you may be exposed to User Content that you may find to be objectionable, indecent or inappropriate. Notwithstanding the above, Huawei reserves the right to pre-screen, filter, restrict, block, move, refuse, modify or remove User Content at any time at its sole discretion, without prior notice. You may report to Huawei any content that you find vulgar, offensive, objectionable, indecent or inappropriate and Huawei may take any action it deems fit.

THIRD-PARTY LINKS AND CONTENTS

Where our Platform contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them over which we have no control. You are suggested to carefully review the privacy policy and terms of use of these third-party websites.

This Platform may include information and materials uploaded by other users of the Platform, including but not limited to materials in our Community. This information and these materials have not been verified or approved by us. The views expressed by other users on our Platform do not represent our views or values.

LIMITATION OF LIABILITY

HUAWEI DOES NOT PROMISE THAT THIS PLATFORM, OR ANY CONTENT ON IT, WILL ALWAYS BE AVAILABLE OR BE UNINTERRUPTED. HUAWEI MAY SUSPEND OR WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF THIS PLATFORM FOR BUSINESS AND OPERATIONAL REASONS WITHOUT PRIOR NOTICE.

SERVICES OF THE PLATFORM MAY VARY FOR DIFFERENT REGIONS AND COUNTRIES. NO WARRANTY OR REPRESENTATION IS GIVEN THAT A PARTICULAR SERVICE OR FEATURE OR FUNCTION THEREOF OR THE SAME TYPE AND EXTENT OF THE SERVICE OR FEATURES AND FUNCTIONS THEREOF WILL BE AVAILABLE FOR YOU. HUAWEI MAY IN OUR SOLE DISCRETION LIMIT, DENY OR CREATE DIFFERENT LEVELS OF ACCESS TO AND USE OF ANY SERVICES WITH RESPECT TO DIFFERENT USERS.

THE CONTENT ON OUR PLATFORM IS PROVIDED FOR GENERAL INFORMATION ONLY. HUAWEI MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, THAT THE CONTENT ON THIS PLATFORM IS ACCURATE, COMPLETE OR UP TO DATE. HUAWEI FURTHER DISCLAIMS HEREBY ALL LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH YOUR USE OF THIS PLATFORM AND YOUR RELIANCE ON ANY CONTENT DISPLAYED ON THIS PLATFORM.

HUAWEI HEREBY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE PLATFORM UNDER NO CIRCUMSTANCE WILL HUAWEI BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF ANTICIPATED SAVINGS, AND LOSS OF GOODWILL, EVEN IF HUAWEI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR SOLE REMEDY AGAINST HUAWEI FOR DISSATISFACTION WITH THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM OR ANY SUCH CONTENT.

FORCE MAJEURE

Huawei shall not be liable for or required to pay compensation of any nature whatsoever for any loss arising from the unavailability, inconvenience or failures of the services or systems due to the following reasons:

• system shut-down for maintenance;

• inability to transmit data due to failures in communications terminals or telecommunications equipment;

• systems failure and inability to perform its functions due to force majeure events including but not limited to typhoons, earthquakes, tsunamis, floods, power failure, fires, storms, war, political unrest, labor strikes, shortage of labor or materials, riots, insurrections, civil disturbances, terrorist attack, explosions, acts of God, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties; or

• suspension or delay of services or systems failure due to reasons beyond the reasonable control of Huawei such as hacker or cyber-attacks, technical adjustments or failure of the telecommunications department, website upgrades, third party problems or any suspension or disruption of transportation or business operation (including but not limited to delays or disruption of the resumption of work or operation ordered by any government agency) in the event of a national or regional spread of epidemic or pandemic.

MISCELLANEOUS

These Terms shall be exclusively governed by law of Malaysia. However, nothing in these Terms shall deprive you of the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of the applicable laws. Courts of Malaysia shall have exclusive jurisdiction on these Terms.