1.2By registering an account for the Platform, You agree to the Terms. Your use of the Platform and the functionalities provided to You within the scope of the Platform shall only be admissible subject to Your prior acceptance of the Terms.
2.Registration and Login Credentials
2.1Use of certain parts of the Platform requires Your prior registration. Subject to Your registration being successful, You become a member (a “Member”) of the Platform.
2.2Minors may only register with the guidance and supervision of a guardian. If a minor registers without notifying a guardian or without the supervision of a guardian, Huawei assumes no responsibility for any risks and liabilities resulting thereby.
2.3Within the registration process, Huawei may require You to provide personal details such as real name, e-mail address etc. By providing such personal details, You represent that such personal details are accurate and complete. You undertake to inform Huawei via e-mail or correct them online without undue delay should personal details or parts thereof turn out to be inaccurate or incomplete.
2.4If a nickname or handle chosen by You is found to contain an inappropriate name, Huawei reserves the right to cancel the Membership with immediate effect or change the nickname or handle to an appropriate name.
2.5Huawei reserves the right to determine whether You are admitted as a Member within Huawei’s sole discretion. Huawei may decide to cancel or revoke Your Membership at any time. Should You be admitted as a Member within an automated registration process, such admission shall be considered preliminary and shall be subject to Huawei’s express written confirmation.
2.6You undertake to keep secret and protect Your login credentials. Under no circumstances are You permitted to provide access to Your login credentials to third parties, including, but not limited to, family members, friends etc. In the event that You cause losses for Huawei or third parties by failing to keep Your account and password secure, You shall compensate Huawei or third parties for such losses and eliminate the effects caused thereby subject to the statutory liability.
2.7In the event You discover the account has been used without authorization or discover any other abnormal activities, You shall immediately change the account password and keep it safe, and contact Huawei by email at firstname.lastname@example.org. Huawei does not assume any liability for illegal use of the account resulting from hacking or Your negligence.
2.8Upon receipt of notification of Your request for Huawei to take steps to suspend Your account login and use of the account due to abnormal activity, Huawei reserves the right to request You to provide valid identification and verify that it matches the registered identification information. Huawei shall take immediate steps to suspend Your account login and use of the account once the identification information provided has been verified against the registered identification information. Huawei reserves the right to refuse Your aforementioned request if You do not provide valid identification or the valid identification information provided does not match the registered identification information.
3.Huawei’s Platform Services
3.1Provided You have been admitted as a Member, Huawei undertakes to provide You access to the Platform and to allow You to use the Platform functionalities, such as the posting of contributions (the “Contributions”), free of charge.
3.2Huawei makes an effort to maintain the Platform available 95 % of the time, calculated on the basis a contract year. However, Huawei may shut down or restrict the Platform to perform maintenance work, including emergency maintenance, at any time, and at Huawei’s sole discretion. You may neither expect, nor rely on, the Platform being available at a specific time.
3.3The Platform may consist of content that is provided by other users. Huawei does not monitor or edit Your Contributions or those of others prior to their publication. Huawei makes no representations as to the accuracy, validity, completeness, up-to-date-ness, or fitness for a particular use of the Platform’s content.
3.4Huawei may, at their sole discretion, modify, block or delete functionalities of the Platform temporarily or entirely.
3.5Where You have reason to believe that content within the Platform is violating applicable laws or otherwise inappropriate, please use the provided Platform functionality to report such content or send an e-mail to email@example.com.
3.6Except where agreed otherwise, Huawei provides its Platform Services free of charge.
4.Use of the Webshop
4.1As part of the Platform, Huawei offers access to the Webshop, which enables You to purchase “Honor” products and Huawei branded Accessories. Please note that the vendor of all items offered in the Webshop is not Huawei, but Ingram Micro Commerce EMEA B.V., having its registered office in Energieweg 2, 5145 NW Waalwijk, the Netherlands and registered with the Chamber of Commerce under file number 17230750 (“Ingram”), which sells items under Ingram′s separate Terms & Conditions of Sale.
4.2We are not responsible for the offerings of Ingram in the Webshop, and assume no warranty or liability for the products offered or sold in the Webshop. The contract for sale with regard to any items offered in the Webshop will be between You and Ingram. Huawei is not a part of that contract for sale, and is neither acting as Ingram’s representative. Should you encounter any issues with regard to the offering in the Webshop, particular products, or warranty issues, please contact Ingram directly.
4.3Huawei will provide You with a history of all orders and purchases made in the Webshop, and store the respective data for Your convenience. You may obtain information on the status of Your orders, to the extent that Huawei possesses and displays such information, within Your Member account.
5.1You undertake to abide, at all times, by the Terms and all applicable laws.
5.2You are responsible for entertaining, at Your own expense, an adequate internet connection which is a requirement to use the Platform.
5.3You undertake not to post material or make Contributions that are to be considered inappropriate. In particular, none of Your Contributions may contain
- reproduction or endorsement of violence, racism, discrimination
- material violating applicable laws and/or rights of others (e. g. trademarks, copyright, unfair competition laws etc.)
- advertisement for other products than Huawei’s
5.4Huawei 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 Membership, and/or cancel the Contract entirely.
5.5You undertake to indemnify Huawei from any losses and detriments (including appropriate attorney’s fees) Huawei may suffer in view of Your violation of Your above obligations.
6.Rights of Use
6.1By uploading, posting or otherwise providing Huawei with Your Contributions to the Platform, You herewith grant to Huawei a non-exclusive, permanent right to use the Contributions in any way that is necessary or useful to present Your Contributions within the Platform or any other of Huawei’s publications, including, but not limited to, other websites, advertising materials, videos, pictures etc.
6.2Mandatory copyright law provisions remain unaffected.
7.1Huawei shall only be liable to You for its own intentional acts. Any other liability, in particular liability for negligence or for the intentional acts of its vicarious agents, shall be excluded.
8.Term and Termination
8.1The Contract is concluded for an indefinite period of time.
8.2Both parties may terminate the Contract with a week’s notice.
8.3Both parties’ right to terminate for cause (e. g. pursuant to sec. 4.3) shall remain unaffected. Huawei shall in particular be entitled to a termination for cause if the Platform is no longer provided by Huawei.
8.4Huawei reserves the right to suspend Your account in the event the account remains unused for any period of twelve (12) consecutive months.
9.1This agreement and the Parties’ relations with regard to the use of the Platform shall be exclusively governed by German material law, excluding the rules on the international sales of goods (CISG). 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 law where You have Your habitual residence.
9.2No oral agreements have been entered into.
9.3Individual changes or amendments to these Terms must be made in writing (e-mail is not sufficient in this respect). The same applies for a modification of this written form requirement. However, Huawei may, from time to time, issue new versions of these Terms. A new version becomes valid and shall replace the previous version provided that You do not object to such new version within 3 months after having been provided a new version, and provided that Huawei has notified You of Your right to object within 2 months together with the provision of a new version. Huawei’s notification shall contain an express instruction that the user’s failure to object the new version shall be deemed as his/her agreement with the new version becoming binding. Should user object the new version, the Contract shall automatically terminate with immediate effect, and user must immediately refrain from further using the Platform.