Postal Repair Service User Agreement

This Agreement constitutes a legally binding agreement between you and HUAWEI, and stipulates your legal liability and rights regarding your use of the Postal repair service (hereinafter referred to as, the "Service"). In this Agreement, "you" refers to any individual who uses and accesses the Service. “HUAWEI” refers to HUAWEI Technologies Phils. Inc. and/or its affiliates.

Please be sure to carefully read and fully understand the terms and conditions of this Agreement, including terms regarding the exemption or restriction of HUAWEI's liability and restrictions on the rights of users. By touching AGREE, you indicate that you have read and agree to these terms and conditions. If you do not agree to the terms and conditions of this Agreement, you shall stop registering, logging in, or using the Service immediately. Your registration, login, and use of the Service shall be deemed as your agreement to be bound by this Agreement.

1. Acceptable Use

You represent and warrant that you have sufficient legal rights or authority to sign and perform this Agreement, and that your Agree and performance of this Agreement will not create a conflict or result in breach of any other agreement that you are required to perform. You also warrant that this Agreement has legal force on you and is enforceable when necessary.

2. About the Service

2.1 Basic services and functions

Upon finding a product defect, you can call HUAWEI's after-sales service hotline or submit a postal repair service request on the official HUAWEI/Honor website or service app. After your service request is accepted, you may mail the faulty device to the designated repair service center, and wait for it to be delivered back after the repair.

2.2 Availability

(1) The Service is available only for HUAWEI and Honor phones, tablets, wearables, and some fixed network products.

(2) After you submit a Postal repair service request through HUAWEI's after-sales service hotline, or through the official HUAWEI/Honor website or service app, please send the faulty device within two (2) calendar days as prompted. If the postal repair service center does not receive your faulty device within twenty (20) calendar days after your request submission, your service request will be automatically canceled. In this case, you would need to submit a new request if you still require the Service.

(3) The postal repair service center will contact you for any charges incurred during the repair process in the event that your device is out of warranty or the damage is caused by human factors.

(4) You are advised to remove all personal information on your device to prevent privacy leakage, as the maintenance personnel may use and view various functions or apps like Contracts, Gallery, Messaging, and Files to locate the fault and test your device. You agree that any personal information remained on the device will be deemed to be open to the maintenance personnel. It is recommended that you keep your personal data safely to avoid data loss.

(5) You are advised to back up the data stored on your device, memory card, and SIM card, and remove the power-on password to avoid data loss during the testing and maintenance process. HUAWEI repair centers are not authorized to back up and save any of your data on your device. If you fail to back up your data as prompted, HUAWEI is not liable for any data or information loss on your device, memory card, or SIM card due to reasons other than HUAWEI's fault.

(6) HUAWEI will complete the repair within two (2) calendar days after receiving your device and confirming the validity of the warranty. The delivery period shall be subject to the delivery company. (This does not apply to delays incurred by communications between the personnel and you regarding the device faults.)

3. Declaration on Intellectual Property

The intellectual property rights of the Service and the contents provided by HUAWEI during the provision of the Service (including but not limited to web pages, texts, images, audios, videos, and business trademarks) are owned by HUAWEI and its affiliated companies. The aforementioned intellectual property rights are protected by law, and you may not use or create related content or derivative works in any way or by any means without prior written permission from HUAWEI or the relevant rights holder.

4. Disclaimers

HUAWEI does not provide any explicit or implicit representations or warranties, including but not limited to those regarding marketability, commercial availability, specific use, or non-infringement of any rights. HUAWEI does NOT guarantee any of the following:

(1) The Service will meet your specific needs;

(2) The Service provided will operate non-disruptively, in a timely, safe, or defect-free manner;

(3) All information obtained during your use of the Service is accurate or reliable;

(4) All defects and errors in any apps that are part of the Service will be fixed.

HUAWEI does not guarantee that all services will operate non-disruptively and/or flawlessly at any time in any regions. This is because certain regions lack the necessary environments and conditions for the provision of the Service. In such cases, the Service may not be able to operate properly. HUAWEI reserves the right, at its sole discretion, to change, delete access to, or stop providing all or any part of the Service without notice based on reasonable considerations and choices.

HUAWEI does not control your network carrier, and therefore, cannot guarantee its network coverage, availability, or quality of services provided. You shall assume the risks of all downloaded, acquired and accessed contents and other materials through the Service as well as risks of device and data damage and content loss due to your use of the Service or third-party services. During the use of the Service, you shall abide by all relevant effective laws. As your property and information security is concerned when you are using the Service, HUAWEI hereby represents that:

(1) You are responsible for backing up your personal data in advance. HUAWEI is not liable for any data or information loss on your device, memory card, or SIM card due to reasons other than HUAWEI's fault.

(2) Any misdelivery incurred due to the wrong address submitted by you, your loss will be shared by you and the delivery company after negotiation, while HUAWEI will not take any responsibility.

(3) The logistics service provider is responsible for the device loss or damage, or immersion in your device caused by logistics reasons.

5. Termination and Changes

Upon termination or service changes due to the formulation or emendation of laws, promulgation of binding provisions from relevant departments, or change of business direction from HUAWEI, you will be notified in the form of service announcements and text messages.

HUAWEI reserves the right to periodically modify or revise this Agreement in accordance with the changes in local national laws and regulations or business operation requirements. You can log in at any time to check the latest agreement, and are obligated to read and understand the latest updates and web announcements from time to time.

If you disagree with the updated agreement, you are advised to stop using the Service immediately. Your continued use of the Service shall be deemed as you have read and agree to the updated agreement.

6. Liability for Breach of Agreement

You warrant not to use the Postal repair service to violate local national laws and regulations, or infringe on the legal rights of third parties. If you violate such laws and regulations or the terms and conditions of this Agreement and cause damages to HUAWEI, you shall compensate HUAWEI for any losses incurred thereby and eliminate the impact.

Under no circumstances shall the maximum liquidated damages born by HUAWEI for the Service under this Agreement exceed the total amount of service fees charged by HUAWEI from you for the aforementioned services.

7. Force Majeure

HUAWEI and its employees, agents, or subcontractors assume no responsibility for the consequences arising out of failure to perform obligations, delayed performance of obligations, and performance of any obligations under other agreements due to events beyond reasonable control, namely events of force majeure. Force majeure events include but are not limited to:

(1) Natural disasters. Such as typhoons, earthquakes, floods, and hail;

(2) Government actions. Such as expropriation, requisition, legal modification and formulation;

(3) Social upheavals Such as war, strikes, and riots;

(4) Service interruption caused by virus or hacker attacks, network and communication malfunctions.

In the event that a force majeure event occurs, HUAWEI is entitled to suspend the performance of any obligations under this Agreement and continue to perform the obligations after a period of time. HUAWEI will endeavor to end the force majeure event or find a solution so that HUAWEI can still perform its obligations during the force majeure event.

8. Applicable Laws and Jurisdictions

This Agreement is construed by and shall be interpreted in accordance with laws of the Philippines, without reference to conflict of laws.

The location of signature of this Agreement will be taken as Makati City in the Philippines. Any disputes arising from the content or performance of this Agreement between the two parties shall be settled through negotiation. If the negotiation fails, either party can file a lawsuit with the competent court with proper jurisdiction in the place where this Agreement is signed.

9. Others

In performing this Agreement, you shall comply with all applicable laws.

If some clauses of this Agreement are held invalid for any reason, such invalid clauses do not affect the effectiveness of other clauses.

HUAWEI reserves the right to transfer any rights or obligations under this Agreement.

All headings of this Agreement are set for easy reading only and do not affect the meaning or interpretation of any portion of this Service Agreement.

If you have any questions regarding the Service and its applicable terms and condition, or if you need to contact HUAWEI, please send your email to: mobile@huawei.com.

Last updated: May 2018