The following Terms and Conditions are between you and Huawei Telecommunications (India) Co., Pvt., Ltd. and its affiliates (“Huawei”), which constitute a legal agreement that governs your use of the Huawei products, software, services and related websites (collectively referred to as the “Service”). “You” means an individual who accesses and uses the Service.
1.Description of the Service.
1.1 System Requirements
Using the Service requires one or more compatible devices, wireless mobile data services, certain software and internet access with a compatible ISP (broadband required for web applications) which are not a portion or part of the Service. You are responsible for obtaining and paying for these devices and other services and your use of them will be subject to the term and conditions of the third parties who provide them. Additionally, separate fees may apply. Your use of the Service may be affected by certain combinations of hardware, software and/or internet access. High speed internet access is strongly recommended. The Service is available in the language of English within India.
1.2 Experience and Account
You hereby acknowledges that by accepting the Terms you are giving your consent for trans-border flow of Your personal data to the territories of the foreign states where adequate legal protection for the rights of personal data may not be provided and your consent for processing any personal data contained in User Content uploaded, downloaded, posted, stored in and/or via CloudPlus by Huawei either in Your country or in the abovementioned foreign states.
You represent and warrant that you have the full power and authority to enter into and perform these Terms and that the execution and performance of these Terms does not constitute a breach of or conflict with any other agreement or arrangement by which you are bound. You further represent and warrant that these Terms are a legal, valid and binding obligation of you, enforceable in accordance with its terms and conditions.
You must be  years of age or older to access or use the Service. By accessing or using the Service, you certify that you are  years of age or older. Parents or guardians are advised to supervise their children while using the Service. If you are under the age of , before you decide whether or not to use the Service, you should review these Terms with your parent or guardian to make sure that you and your parent or guardian understand it. Parents or guardians are advised to supervise their children while using the Internet, mobile and other devices.
We believe that the experience you have when using your Huawei device is part of the reason why you choose a Huawei device and is available to everyone who has a Huawei device, whether or not you have registered for an account with us.
The Service will vary depending on which Huawei device you have. Not all features will necessarily be available on your Huawei device. Please refer to your user manual for your Huawei device for further details.
In order to offer you personalized services, Huawei asks you to register for the Service with a user name and password. You expressly acknowledge that you have sole responsibility for taking care of your user name and password. Accordingly, unless you inform us that your account has been compromised, you shall be responsible for all activities occurring under your account. You must promptly notify Huawei of any use or violation of Terms out of your control by email to: hihonor.in@huaweicom.
2.Availability of the Service.
As you know, Huawei insists on service-first. However, Huawei does not warrant that all or any part of the Service will be available, work perfectly, be free from bugs or errors, or work at all in any territory where the Service is not expressly supported and such issues shall not constitute a breach of these Terms. For example, a pre-release or trial version of Service may not work correctly. Huawei may, at our sole discretion and consideration, change, delete, remove, restrict or block access to, or stop providing all or any part of the Service at any time without notice.
Furthermore, Huawei makes no representation or warranty that any content or information you store or access using the Service will not be corrupted, damaged, lost, and unavailable or removed. You understand and agree that you have the responsibility to back up all and any content or information. You also acknowledge and agree that any content or information which you upload or download will not necessarily be consistent or available when you use different devices using the Service.
Notwithstanding the foregoing, neither Huawei nor any third party make any warranty for the availability, accuracy, completeness, reliability, or timeliness of any data, including without limitation, location data displayed by the Service. You have the right to withdraw your consent to the processing of your location data at any time as you wish by disabling location services element of the Service through your settings in the device.
You agree to use the Service properly and in compliance with the purpose of the Service, these Terms and any applicable laws. You hereby agree to give all reasonable cooperation required by Huawei to investigate suspected violations, and you understand and acknowledge that Huawei have the right to install, implement, manage and operate any software, monitoring or any other lawful measures to identify or track activities considered to be illegal or violations of the Terms.
You expressly acknowledge and agree that Huawei have the right to start to charge fees or change the price of the Service or any part thereof, upon giving reasonable notice or, if applicable, such notice as is required by applicable laws. You will need to accept the changes to the fees charged in order to continue using the Service after the new fees take effect. If you do not agree to the changes in the fees then you will have the right to terminate your use of the Service before the fees change. You may be required to agree with other terms and fees in order to use third parties’ services. Unless otherwise expressed, all fees are exclusive of any taxes, and you shall pay any taxes imposed by applicable laws.
6.Links and Other Third Party Materials.
Certain materials such as content, components or features of the Service may come from third parties’ materials and links. You understand and agree that Huawei shall have no responsibility for any damages, either directly or indirectly, which you incur or allege to have incurred, as a result of or relating to your use and/or reliance on third parties’ materials and links.
"User Content" shall mean all information, content and materials, such as graphics, text, images, sounds, videos, software and data files, which is posted to the Service by users of the Service. You shall be solely responsible for any User Content uploaded, downloaded, posted, emailed, transmitted, stored or otherwise made available through your account. Because 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, which may not be identified as potentially causing such reaction. Notwithstanding, Huawei reserves the right to pre-screen, filter, restrict, block, move, refuse, modify or remove User Content at any time in our sole discretion, without prior notice. You agree that you will use the User Content generated by other users of the Service entirely at your own risk and that Huawei will not be responsible for any content that you find vulgar, offensive, objectionable, indecent or inappropriate.
Huawei does not claim ownership of User Content you submit or make available using the Service. You however understand and agree that Huawei may transmit your User Content across various public networks, in various media, and may reproduce, modify or change User Content to store and retrieve the User Content, make User Content available to you and other users, and to satisfy requirements relating to the operation of the Service.
In consideration of you agreeing to abide by the terms of these Terms, Huawei hereby grants to you a revocable, non-exclusive, non-transferable license to use the Service subject to these Terms (the “License”).
Except as expressly set out in these Terms or as required to be permitted by any local law, you undertake:
(A) not to copy any content accessed as part of the Service, except where such copying is authorised under these Terms;
(B) not to rent, lease, sub-license, loan, translate, merge with any other programs, adapt, vary or modify the Service;
(C) not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Service nor attempt to do any such things;
(D) not to provide, or otherwise make available, the Service in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person without the prior written consent of Huawei;
(E) not to use the Service in a fraudulent manner or for any fraudulent purposes;
(F) not to remove any proprietary notices or labels from the Service; and
(G) not to attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management system that is part of or used in connection with the Service.
You acknowledge that the Service has not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the facilities and functions of the Service as described in any documentation meet your requirements.
This License and these Terms are binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of this License or these Terms, or any of your rights or obligations arising under them, without our prior written consent.
Huawei may transfer, assign, charge, sub-contract or otherwise dispose of this License and these Terms, or any of its rights or obligations arising under them, at any time during the term of the License and these Terms.
You expressly agree that you irrevocably assign to Huawei all rights, title, and interest throughout the world, relating to any feedback you submit (including suggestions submitted or provided for improving Huawei products and services), without the right to any compensation or royalties from Huawei and any of Huawei's successors as of the feedback date. Furthermore, you waive any moral rights and agree never to assert any claims against Huawei or any of Huawei's successors in interest regarding your feedback.
10.Access to Your Account and Content.
You expressly acknowledge and agree that Huawei may (subject to complying with all applicable laws) access, use, preserve, and/or disclose your account information and content (including the content of your communication) if legally required in order to I) comply with legal process or request; II) protect the rights, property, or safety of Huawei and its customers, employees or the public as required or permitted by law; III)detect, prevent or otherwise address security, fraud or technical issues, enforce the Terms, including investigation of any potential violation thereof.
Please feel free to contact us by firstname.lastname@example.org, if you encounter content you feel is inappropriate, or in violation of any laws or these Terms.
Huawei may update or change these Terms from time to time. You can get the most current version of the Terms at www.hihonor.com/in. You understand and acknowledge that you will be deemed to have agreed to the revised Terms by your continued use of the Service after the Terms have changed. Also, the User Manual may be amended from time to time, which applies to your device. You understand that you may be bound to additional terms and conditions applicable to third party services, including but not limited to your communication carrier’s terms, when you get services from a third-party.
12.Copyright Notice and Takedown Procedures.
You shall respect the intellectual property rights of Huawei and any third party. Huawei may remove or disable access to any infringing material, and may terminate any account or right of access to the Service for any infringements of Huawei’s or a third party’s intellectual property rights. If you become aware of any such infringement please contact us to email@example.com.
Huawei may give you all notices required by applicable laws, by posting notice on its website and / or the Service or by sending notices to any email or mailing address that you provide to Huawei. You acknowledge that it is your responsibility to keep your email and mailing address current and to check for notices.
Huawei does not offer customer support for the Service through the Service, unless otherwise stated.
The Service, third-party services and materials and all other related services and materials, are provided “AS IS”,“WITH ALL FAULTS” and “AS AVAILABLE,” and the entire risk as to satisfactory quality, performance, availability, security, accuracy and effort is yours to the maximum extent permitted by applicable law. Huawei and its partners make no representations, warranties or conditions, express or implied, including without limitation, any implied warranties of merchantability, merchantable quality, fitness for a particular purpose or non-infringement. In particular, Huawei, and its partners make no warranty that (i) the Service will meet your particular requirements; (ii) the Service will be provided on an uninterrupted, timely, secure or error-free basis; (iii) any information obtained by you using the Service will be accurate or reliable; or (iv) any defects or errors in any software provided to you as part of the Service will be corrected. Huawei does not control your wireless carrier, and no warranty is made as to coverage, availability or service provided by your wireless carrier. All content and other material you download or obtain through the Service is accessed at your own risk, and you will be solely responsible for any damage to your device or loss of data or content that results from the download of any material or use of third party services. You are responsible for compliance with all applicable laws in connection with your access and use of the Service. You may have additional consumer rights that the Terms cannot change. To the extent that applicable legislation implies statutory terms which cannot be excluded, such terms are deemed incorporated into this document but Huawei’s liability for a breach of these implied terms is limited to the maximum extent permitted under such legislation.
15.Disclaimer of Certain Damages.
To the extent such exclusions or limitations are specifically prohibited by applicable law, some of the exclusions or limitations set forth below may not apply to you. You expressly understand and agree that huawei and its affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, cost of procurement of substitute goods or services, or other intangible losses (even if huawei has been advised of the possibility of such damages), resulting from: (i) the use or inability to use the service (ii) any changes made to the service or any temporary or permanent cessation of the service or any part thereof; (iii) the unauthorized access to or alteration of your transmissions or data; (iv) the deletion of, corruption of, or failure to store and/or send or receive your transmissions or data on or through the service; (v) statements or conduct of any third party on the service; and (vi) any other matter relating to the service.
16.Limitation of Liability and Exclusive Remedy.
Huawei’s and our partners’ maximum, aggregate liability to you, and your exclusive remedy under these Terms for any and all damages, injury, property damage and losses arising from any and all claims and causes of action arising out of, based on, resulting from or in any way related to the Terms, the Service, your use of the Service and any third party's services and materials will be to recover the actual damages you incur based upon reasonable reliance on the Service up to the total paid by you to Huawei for such Service.
Nothing in these terms shall limit or exclude the liability of huawei or any of its partners for death or personal injury resulting from negligence, fraud or fraudulent misrepresentation or any other liability that cannot< by law< be excluded or limited.
You will defend, indemnify and hold Huawei, its directors, officers, employees, agents, partners, suppliers and licensors harmless from any third party claim or demand, including reasonable attorneys’ fees, relating to or arising from (a) any User Content submitted, posted, transmitted or otherwise made available under your account using the Service; (b) your use of the Service and activities occurring using your account information; (c) any violation by you of these Terms; (d) your violation of any third party rights, for example through any breach of third party intellectual property rights, or the posting of defamatory content or content in breach of confidentiality or (e) any unauthorized modification or alteration of any of the Service. These obligations will survive the termination or expiration of these Terms and your use of the Service.
The exclusion of damages under Section 16 is independent of your exclusive remedy in Section 17 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of these limitations of liability in Sections 16 and 17 apply without regard to whether damages arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
19.Applicable Law and Forum.
Regardless of conflict of laws principles, the laws of India govern these Terms and the interpretation thereof. You and Huawei agree to submit any and all disputes, claims and actions arising from or in connection with the Service and these Terms to Arbitration in accordance with the Arbitration and Conciliation Act, 1996. The Arbitration shall be carried on by a sole arbitrator, the place of arbitration shall be New Delhi, and the language of arbitration shall be English. Any claim or cause of action arising out of or related to the Terms or the use of the Service must be filed within one (1) year after the cause of action arose or be barred.
If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms shall continue to be valid and enforceable to the fullest extent permitted by law. The headings in these Terms are used only for convenience and have no legal or contractual significance. Huawei may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense your rights, if any, in the Service.
Terminating your account will result in a permanent loss of content stored on your account, including user content generated by you. Please read this clause 21 carefully before proceeding with the closure of your account.
You may terminate your account through stopping your use of the Service or through your account settings. Huawei reserves the right to terminate your access to the Service or the Service itself at any time. Notwithstanding the foregoing, Huawei may suspend or terminate your access to the Service or any portions thereof immediately at our sole discretion, if Huawei believes you have violated the Terms. For the avoidance of doubt, Huawei may temporarily disable or limit access to your account due to excessive usage. Upon termination, Huawei may immediately and permanently delete any and all information, files and content stored in or as part of the account, but Huawei may not be able to delete certain backup copies of this data for legal and practical reasons. Also the information you send to other users may not be deleted, including messages. For the avoidance of doubt, termination of your account shall not relieve you of any obligation to pay any accrued fees and charges up to and including the date of termination. However, Huawei and any third party shall not be responsible of any termination of access to the Service. Sections 5-10, 12 and 14-21 of these Terms shall survive termination.
Huawei will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by an event outside its or its employees’, agents’ or subcontractors’ reasonable control (“Force Majeure Event”).
Huawei's performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and it will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.
If Huawei fails, at any time during the term of these Terms, to insist on strict performance of any of your obligations under these Terms, or if Huawei fails to exercise any of the rights or remedies to which it is entitled under these Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by Huawei of any default by you under these Terms shall not constitute a waiver of any subsequent default. No waiver by Huawei of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
Each party acknowledges that, in entering into these Terms, neither of us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us before entering into these Terms except as expressly stated in these Terms.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date we entered into these Terms (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Terms.
You and Huawei are independent parties, and nothing in these Terms constitutes a partnership or joint venture between you and Huawei or makes either party the agent of the other.
Huawei’s affiliates, subsidiaries, licensors and suppliers are intended third party beneficiaries of these Terms and may enforce these Terms as if they were parties to them.
Last revised: Feb 22, 2016
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