This Agreement constitutes a legally binding agreement between you and HUAWEI Technologies South Africa Proprietary Limited (“HUAWEI”), and stipulates your legal rights and responsibilities regarding the use of the Appointment Service (hereinafter referred to as this "Service" or “Appointment Service”). In this Agreement, "you" refers to any individual that uses and/or accesses this Service.
Please be sure to read thoroughly and fully understand the terms and conditions of this Agreement, including the exemption or limitation of HUAWEI's liability and the restrictions on the rights of users. By ticking “AGREE”, you acknowledge 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 are advised to stop registering, logging in or using this Service immediately. By registering, logging in or using this Service, you are deemed to have accepted and agreed to be bound by this Agreement.
1. Service Usage Requirements
You represent and warrant that you have sufficient legal rights or authority to agree to and perform this Agreement, and that your agreement to and performance of this Agreement will not create conflict or result in breach of any other agreement or arrangement that you are required to perform. You also warrant that this Agreement has legal force on you and is enforceable when necessary.
2. About this Service
2.1 Basic services and functions
The Appointment Service allows you to submit an appointment service request through HUAWEI/HONOR official website or Support App upon the discovery of a product defect. After receiving the service acceptance SMS/Email, you can preferentially enjoy the after-sale services at your reserved time and selected HUAWEI Customer Service Center in accordance with the confirmation SMS/Email.
2.2 Availability
(1) After purchasing HUAWEI products, such as mobile phone, tablet, or laptop, etc. and when the product is faulty, you can call HUAWEI hotline or submit an appointment service request through HUAWEI/HONOR official website or Support App. After receiving the service acceptance SMS/Email, you may bring your device to the nearest HUAWEI Customer Service Center for repair.
(2) You must submit an appointment service request through HUAWEI hotline or HUAWEI/HONOR official website or Support App before enjoying the appointment service privilege. Users who arrive directly at HUAWEI Customer Service Center without a prior appointment will be required to queue up for any repair and will not receive prioritized service.
(3) After submitting an appointment service request, you may arrive at the reserved time and HUAWEI Customer Service Center in accordance with the confirmation SMS/Email. If you fail to appear at the reserved time or location, your appointment will be cancelled automatically.
(4) If you have successfully made an appointment but are unable to arrive at the reserved time or location, you must modify your appointment at least 24 hours in advance.
(5) Users who missed the appointments for 3 times or more will no longer be entitled to use this Service.
(6) You are advised to delete any personal data on your phone, as the technician may access your mobile apps (such as Contacts, Gallery, SMS, and Files) and device functions to troubleshoot the issue during inspection or repair process. You are solely responsible for backing up and managing your personal data and information properly to avoid accidental data loss. Any undeleted data shall be deemed open to the technician.
(7) Given the probability of accidental data loss in the defect detection and repair process, you are advised to back up the data and information on your device, memory card, SIM card, and remove the lock screen password. HUAWEI Customer Service Centers are not authorized to back up and store user’s information. If you do not back up your data as prompted, HUAWEI is not liable for any loss of data on your mobile phone, memory card, and/or SIM card due to repair service.
3. Declaration on Intellectual Property
The intellectual property rights of this Appointment Service and any HUAWEI contents (including, but not limited to webpages, text, images, audio, video, commercial logos, and so on) provided by this Service are owned by HUAWEI and its affiliates. The aforementioned intellectual property rights are protected by law. You shall not use or create related contents and derivative works in any way or by any means without prior written permission from HUAWEI or the relevant rights holder.
4. Disclaimer
HUAWEI and its affiliates do not provide any explicit or implicit representations or warranties, including but not limited to marketability and commercial availability, specific use, or non-infringement of any rights. HUAWEI does NOT guarantee any of the following:
(1) This Service will meet your specific needs;
(2) This Service provided will operate non-disruptively, and in a timely, safe, or defect-free manner;
(3) All information obtained during your use of this Service is accurate or reliable;
(4) All defects and errors in any software that is part of this Service will be fixed.
HUAWEI does not guarantee that all services will operate non-disruptively and/or flawlessly at any time. Due to the lack of environment and conditions necessary for the provision of this Service, this Service may not be available in certain countries or regions. HUAWEI reserves the right, at its sole discretion, to change, delete, or discontinue the provision of all or any part of the services without prior notice in accordance with its own reasonable considerations and choices.
HUAWEI cannot control your network carrier, and therefore, does not 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 this Service, as well as risks of device and data damage or content loss resulting from your use of this Service or third-party services. During the use of this Service, you shall abide by all relevant and effective laws.
5. Termination and Changes
Upon service termination or changes due to the formulation or amendment of laws, promulgation of binding provisions from relevant departments, or change of business direction from HUAWEI, we will notify you in the form of service announcement, SMS, or email.
HUAWEI reserves the right to periodically modify or revise this Agreement in accordance with the changes in 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 this Service immediately. Your continued use of this 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 Appointment Service to violate 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 loss incurred thereby and eliminate the impact.
In no event will HUAWEI's maximum aggregate liability for a particular service provided in accordance with this Agreement exceed a sum equal to the total service fee charged by HUAWEI to you for the provision of this Service.
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 shall be construed and governed by the laws of the Republic of South Africa, without reference to conflict of laws.
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 courts in South Africa. If the laws and regulations of your country or region have special requirements regarding applicable laws and dispute jurisdiction, the applicable laws and dispute resolution methods of this Agreement shall be subject to the relevant special requirements.
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 right or obligation 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 about this Service and its applicable terms and condition, or if you need to contact HUAWEI, please send your email to: mobile.za@huawei.com.
Last updated: Feb 2020
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