Terms of use

LEGAL
Terms Of Use

These Huawei Website Terms of Use (hereinafter, "Website Terms") apply to your use of the Huawei Platform at consumer.huawei.com/za, including its sub-domains (hereinafter, "Platform"), which is a virtual platform created and maintained by HUAWEI TECHNOLOGIES AFRICA (PROPRIETARY) LIMITED, a limited company duly incorporated and existing under the laws of South Africa, having its registered office at registration number 2005/038288/07 and having its registered business address at Building 17, Huawei Office Park, 124 Western Service Road, Woodmead, Johannesburg, South Africa 2191 (hereinafter, “Huawei”, “we”, “us”, or “our”).

Please read the Website Terms carefully so that you are aware of your rights and obligations. You can save or print these Website Terms for your future reference. Huawei shall also save the text of the entire agreement and make it available to you upon your request.

Applicability

1.1. These Website Terms apply to all offers, contracts, and deliveries by Huawei on the Platform.
1.2. These Website Terms are binding and enforceable against every person that accesses or uses the Platform (hereinafter, “you” or “your”).
1.3. By accessing and using the Platform, you acknowledge that you accept the following Website Terms. In the event that you do not understand or accept any of the terms herein, you should discontinue your use of the Platform.
1.4. To the extent permissible by law, Huawei reserves the right to alter these Website Terms at any time without providing notice. You are responsible for regularly checking for any changes to these Website Terms. Your continued use of the Platform after any such changes are released shall be deemed as your acceptance of said changes and your acknowledgement that you are bound by said changes.
1.5. You must not use the Platform if you:
1.5.1. do not agree to these Website Terms; or
1.5.2. do not understand these Website Terms, as your continued use of the Platform shall be deemed as your acceptance and understanding of the Website Terms and all other policies associated with the Platform.
1.6. You agree that we may, at our sole discretion and without prior notice to you, terminate your access to the Platform and/or block your future access to the Platform, if we determine that you have violated these Website Terms or other agreements or guidelines which may be associated with your use of the Platform.
Additional terms and conditions may apply to the provision of our goods or services, including events, promotions or other similar features, and to specific portions or features of the Platform, all of which are made a part of these Website Terms by this reference. You agree to abide by such other terms and conditions. If there is a conflict between these Website 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.

Platform Information and Explanation

2.1. These Website Terms contain provisions that appear in similar text and style to this clause and which –
2.1.1. may limit the risk or liability of Huawei or its partners; and/or
2.1.2. may create risk or liability for the user; and/or
2.1.3. may compel the user to indemnify Huawei or its partners; and/or
2.1.4. serves as an acknowledgement, by the user, of a fact.
2.2. Your attention is drawn to these Website Terms because they are important and should be carefully noted.
2.3. Nothing in these Website Terms are intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Huawei and its partners.
2.4. The Platform is hosted in South Africa. Although the Platform can be accessed from anywhere in the World, the availability of the functions, products, and services discussed, mentioned, supplied, offered and provided through or on the Platform is exclusive to South Africa.

Platform Content

3.1. All texts, images, music, videos, animations, trademarks, patterns, charts, visual interfaces and code (hereinafter, “Content”), including but not limited to the ideas, design, structure, expression, and display of the aforementioned Content, are legally owned, controlled, or legitimately authorized or licenced to be used by Huawei. All such rights are reserved.
3.2. You will not acquire any right, title or interest in or to the Platform or the Content. Unless otherwise stated in these Website Terms, you shall not use the Content on the Platform for any commercial purpose in any way without Huawei’s prior written consent.
3.3. You can download information presented on the Platform with regard to Huawei's products and services, provided that:
3.3.1. Said information is used solely for personal purposes and not for commercial purposes.
3.3.2. No alterations of any kind are made to such information.
3.3.3. No further statements and warranties shall be made with regard to said information or documents containing said information.
3.3.4. No statements and/or notifications indicating Huawei's ownership of and other legal rights and interests with regard to said information shall be removed, in part or in full.
3.4. You must not use any part of the content on the Platform for commercial purposes without obtaining a prior licence to do so from us or our licensors.
3.5. Any use other than in accordance with the Website Terms is prohibited. If you breach any of the Website Terms, your permission to use the Platform will automatically terminate and you must immediately destroy any downloaded or printed materials from the Platform.

License to Huawei

While your copyright protected by the applicable law remains unaffected, you herewith grant to Huawei a non-exclusive, worldwide, permanent right regarding your contents in any way that is necessary or useful for the provision of Platform services or on any other of Huawei’s publications for free, including but not limited to other websites, advertising materials, videos, pictures etc.

Usage Standards

5.1. By using the Platform you warrant that you are eighteen (18) years of age or older and of full legal capacity. If you are under the age of eighteen (18) or if you are not legally permitted to enter into a binding agreement, then you may use the Platform only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Website Terms and to be liable and responsible for you and all your obligations under these Website Terms.
5.2. The Platform and its Content cannot be used illegally or for any purpose prohibited in these Website Terms, nor can they be used to infringe on the legal rights and interests of other persons or organizations.
5.3. You shall not use any form of device, program, or algorithm, including spiders, robots, deep-links, and page-scrapes, or any identical or similar manual program, to access, obtain, copy, or monitor any part of the Platform or its Content. Additionally, you shall not visit, obtain, or copy any materials, documents, or information on this Website by any method not provided by the Platform.
5.4. You undertake not to post material or make contributions that are to be considered inappropriate. In particular, none of your contributions may contain:
5.4.1. profanity;
5.4.2. pornography;
5.4.3. violent language;
5.4.4. harassment, intimidation or bullies actions to an individual or group of individuals;
5.4.5. content that seeks to exploit others;
5.4.6. reproduction or endorsement of violence, racism, discrimination;
5.4.7. material violating applicable laws and/or rights of others (e. g. trademarks, copyright, unfair competition laws etc.);
5.4.8. advertisement for products other than Huawei’s.
5.5. Huawei may at all times, subject to Huawei’s sole discretion, block, delete or modify such contributions that are in violation of your above obligations, block or delete your access to the Platform, and/or cancel or block your access entirely.
5.6. You shall not attempt to illegally access, decode, or use any other illegal methods to gain unauthorized access to the Platform, its Content, or its services. You shall not trace, reverse lookup, decrypt, or decode any customer information on the Platform, including but not limited to any and all user personal information or order information of users other than yourself.
5.7. You shall not violate any of the security mechanisms or authentication measures utilized by or linked to the Platform. You shall not probe, scan, or otherwise test for any network weaknesses of the Platform or those linked to it, nor launch any form of attack against it.
5.8. You agree not to use any device, software, or program to interfere or attempt to interfere with the regular operation of the Platform or any transactions performed on the Platform, or to interfere or attempt to interfere with the use of the Platform by others. You shall not undertake any actions that store unreasonable or disproportionate amounts of data on the Platform infrastructure, system, or network, or on systems or networks that are linked to the Platform.

Account, Password and Security

6.1. You may need to register or log in to access certain functions or services on the Platform. During the registration process your attention will be drawn to these Website Terms.
6.2. 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. Subject to your registration being successful, you will become a member of the Platform. You will therefore have to acknowledge and agree with additional terms of the HUAWEI ID User Agreement.
6.3. By registering on the Platform, you are acknowledging that you have read, understand and agree to be bound by these Website Terms.
6.4. You agree and warrant that your username and password shall:
6.4.1. be used for personal use only;
6.4.2. not be disclosed by you to any third party; and
6.4.3. be entered correctly on the login page whenever ordering from the Platform, failing which you will be denied access to the Platform.
6.5. You accept full responsibility for protecting the confidentiality of your account information, including your username and password. You accept full responsibility for any and all actions that occur on or against your account in the event that you fail to maintain the security and confidentiality of said information. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Website Terms.
6.6. If you find that your account has irregularities or abnormalities, including but not limited to the password being changed or the account being logged in to or used by unauthorized persons, you should notify Huawei immediately on Huawei Customer Service Center. If your failure to maintain the confidentiality of your account information leads to your account being used by others, causing personal damage or loss to yourself or others, Huawei will not assume responsibility for said losses.

Privacy

7.1. The Platform is subject to Huawei’s Privacy Policy, the details of which can be viewed by selecting Privacy Policy in the bar at the bottom of web pages on the Platform. The Privacy Policy is incorporated by reference (which means that it forms part of these Website Terms).
7.2. It should be noted that the network link and data transmitted between yourself and the Platform are neither completely safe nor confidential, and it is possible that information and data you send to the Platform could be intercepted by others. Huawei is unable to guarantee the security and confidentiality of the network link and data transmitted between yourself and the Platform.

Reservation of Rights

8.1. Huawei reserves the right to perform the following actions at any time without giving notice:
8.1.1. Suspend or terminate operation of, or access to, all or part of the Platform at any time, irrespective of the reason.
8.1.2. Amend or alter all or part of the Content of the Platform as well as any applicable policies, terms, or clauses.
8.1.3. Suspend operation of all or part of the Platform for the purposes of maintenance, alteration of errors, or other such changes at regular or irregular intervals.

Links to Other Websites

Where our Platform contains links to other websites and resources provided by third parties, these links are provided for your reference only. Such links should not be interpreted as our approval of those linked websites or information you may obtain from them. We have no control over the contents of such sites or resources. We suggest that you carefully review the Privacy Policy and terms of use issued by respective entities.

Disclaimer

10.1. THE USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ANY RISK OR LOSS RESULTING FROM THE USE OF THE PLATFORM OR RELIANCE ON ANY INFORMATION ON THE PLATFORM.
10.2. HUAWEI DOES NOT GUARANTEE THE AVAILABILITY, CONTINUITY, AND ACCESSIBILITY OF THE PLATFORM, ITS CONTENT, OR ITS SERVICES. THE PLATFORM AND ITS CONTENT ARE PROVIDED ON AN 'AS IS' BASIS. YOU, AS THE USER, BEAR ALL RESPONSIBILITIES FOR USAGE OF THE PLATFORM AND ANY WEBSITE LINKED TO IT. SHOULD YOU FEEL DISSATISFIED WITH ALL OR ANY PART OF THE PLATFORM, YOUR ONLY COURSE OF REMEDIAL ACTION IS TO STOP USING ALL OR PART OF THE PLATFORM, AS LIMITATION OF REMEDIES CONSTITUTES PART OF YOUR AGREEMENT WITH HUAWEI WITH REGARD TO USAGE OF THE PLATFORM.
10.3. INFORMATION PUBLISHED ON THE PLATFORM REGARDING TYPES OF PRODUCTS AND SERVICES AVAILABLE, INCLUDING BUT NOT LIMITED TO PRODUCT FUNCTIONS, CONFIGURATIONS, PARAMETERS, TECHNICAL STANDARDS, AND SERVICE CONTENT, MAY DIFFER BASED ON COUNTRY OR REGION. THE FUNCTIONS, CONFIGURATIONS, PARAMETERS, AND TECHNICAL STANDARDS OF ANY GIVEN PRODUCT MAY BE ADJUSTED AT DIFFERENT STAGES OF THAT PRODUCT'S LIFE CYCLE, AND IT MAY TAKE SOME TIME FOR HUAWEI TO UPDATE THE CORRESPONDING INFORMATION. THEREFORE, THERE MAY BE SOME VARIATIONS BETWEEN THE PRODUCT AND SERVICE INFORMATION YOU SEE ON THIS WEBSITE AND THE ACTUAL PRODUCT YOU PURCHASE OR PRODUCTS FOR SALE IN YOUR MARKET.
10.4. ALL DRAWINGS, DESCRIPTIVE MATTER, SPECIFICATIONS, DESCRIPTIONS OR ILLUSTRATIONS REFLECTED ON THE PLATFORM ARE DISPLAYED FOR THE SOLE PURPOSE OF GIVING YOU AN APPROXIMATE IDEA OF THE PRODUCTS DESCRIBED IN THEM AND HUAWEI CANNOT BE HELD RESPONSIBLE FOR ANY LOSS INCLUDING CONSEQUENTIAL OR INDIRECT LOSS DUE TO DISCREPANCIES THEREIN.
10.5. HUAWEI SHALL TAKE ALL REASONABLE EFFORTS TO ACCURATELY REFLECT THE DESCRIPTION, AVAILABILITY, PURCHASE PRICE AND DELIVERY CHARGES OF PRODUCTS ON THE WEBSITE. HOWEVER, SHOULD THERE BE ANY ERRORS OF WHATSOEVER NATURE ON THE PLATFORM (WHICH ARE NOT DUE TO OUR GROSS NEGLIGENCE), HUAWEI OR ITS PARTNERS SHALL NOT BE LIABLE FOR ANY LOSS, CLAIM OR EXPENSE RELATING TO A TRANSACTION BASED ON ANY ERROR, SAVE – IN THE CASE OF ANY INCORRECT PURCHASE PRICE – TO THE EXTENT OF REFUNDING YOU FOR ANY AMOUNT ALREADY PAID, OR OTHERWISE AS SET OUT IN THE RETURN AND REFUND POLICY.
10.6. HUWEI DOES NOT WARRANT OR GUARANTEE THE CORRECTNESS, ACCURACY, COMPLETENESS, OR RELIABILITY OF THE CONTENT OF THE PLATFORM.

Limitation of Liability

11.1. Except where forbidden by South African Law, under all circumstances, Huawei and its partners will accept no responsibility for ANY indirect, consequential, incidental, collateral loss or damages that may be suffered or incurred from usage of the Platform, including but not limited to loss of profits, even if Huawei or its partners are already aware of the potential risks or loss.
11.2. If your use of the Platform results in any form of damage or loss, Huawei’s gross aggregate liability for such loss or damage shall not exceed R10 000 (ten thousand rand).

Indemnity

In the event of any third-party claim, brought against Huawei or its partners arising from or relating to your usage of the Platform, you agree to indemnify and defend and hold Huawei or its associates (including their directors, employees, agents, partners and other licensed persons) harmless against any such claims.

Independent Remedies

The content in Clause 11 "Limitation of Liabilities" and Clause 12 "Indemnity" of these Website Terms take effect independently, even if it is determined that said clauses are unable to fulfill the intended purpose or be enforced by law. Within the scope permitted by related effective laws, the limitations of liability stipulated in Clause 11 and Clause 12 herein shall be applied, irrespective of whether the loss is due to (1) breach of contract, (2) breach of guarantee, (3) errors or infringements, including negligence or misrepresentation, (4) strict liability, (5) or any other reasons.

Breach of these Website Terms

14.1. You agree that Huawei reserves the rights to terminate your access to the Platform and/or block you from visiting the Huawei Online Store in the event that Huawei deems you to have breached any of these Website Terms.
14.2. If Huawei revokes your access to the Platform as a result of you having breached these Website Terms, Huawei assumes no liability towards you or any third-party.
14.3. You agree that Huawei can solely decide, without prior notification, to terminate your access to all or part of the Platform’s functions, for reasons including but not limited to:
14.3.1. In response to the requests of law enforcement agencies or other government institutions.
14.3.2. In response to your own request. (If you request the deletion of your personal information, you may be unable to access online shopping functions)
14.3.3. The suspension or major modification of the Platform or any of its services.
14.3.4. If Huawei believes that your use of the Platform is in contravention of the Website Terms or the law; or
14.3.5. Any unforeseeable technical issues.

Applicable Laws and Jurisdiction

15.1. The establishment, enforcement, and interpretation of these Website Terms, as well as the resolution of disputes related thereto, shall be subject to the laws of the Republic of South Africa. Your continued use of the Platform will constitute your consent and submission to the jurisdiction of the South African Courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Website Terms.
15.2. Should any dispute arise with regard to the Content or execution of these Website Terms, both parties should seek resolution thereof through amicable consultation. Should a settlement fail to be reached through consultation, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (South Gauteng Division, Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
15.3. Nothing in this clause 15 of the Website Terms limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

Miscellaneous

16.1. These Website Terms constitute the entire agreement between yourself and Huawei with regard to your usage of the Platform, and they replace any and all prior written or oral agreements between yourself and Huawei with regard to usage of the Platform, notwithstanding the terms or conditions of other agreements signed between yourself and Huawei.
16.2. Force Majeure – in the event of a force majeure situation (for example labor strikes, government pronouncements, epidemics or extreme weather conditions), the Parties' obligations under the Contract are suspended during the period of the force majeure situation.
16.3. Huawei and its partners will not accept any counter-offers with regard to these Website Terms, and hereby expressly rejects all counter-offers.
16.4. If Huawei fails to enforce of these Website Terms, this should not be deemed as a waiver or indulgence on the part of Huawei of any rights arising from these Website Terms. No action taken between Huawei and yourself or a third-party should be deemed as an alteration or variation to any of the Website Terms.
16.5. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Website Terms to any third party without Huawei’s prior written consent.
16.6. Huawei reserves the right to amend these Website Terms from time to time in its discretion without notice, however no purported variation, addition, deletion, or agreed cancellation of the Terms by you will be of any force or effect, unless agreed to by Huawei in writing.
16.7. If any part of these Website Terms is held to be invalid, illegal, unenforceable or void by a court of competent jurisdiction, such provision will be deemed modified to the least degree necessary to remedy such invalidity (as long as such modification does not materially adversely affect either party’s rights or obligations hereunder and the remainder of these Website Terms will not be impaired or affected thereby, and each other term, provision and part will continue in full force and effect, and will be valid and enforceable to the fullest extent permitted by Law.