IMPORTANT: PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF USE. LIMITATION AND LIABILITY EXEMPTION CLAUSES MAY BE HIGHLIGHTED IN BOLD FOR YOUR SPECIAL ATTENTION, WITHOUT PREJUDICING YOUR SOLE RESPONSIBILITY OF HAVING READ AND UNDERSTOOD THESE ENTIRE TERMS.
1.1 These Terms and Conditions of Use (“Terms”) govern your sign-up and use of the TCL user account (“TCL Account”) provided by Shenzhen TCL New Technology Co., Limited and its affiliates(“TCL”, “our”, “we” or “us”). “Affiliates” means entities that directly or indirectly control, controlled by or are under common control with Shenzhen TCL New Technology Co., Limited, where “control” means: (i) holding 50% or more of the shares in an entity; (ii) controlling 30% or more voting shares in an entity; (iii) exercising voting shares in an entity under its actual control to elect half or more of the members of the board of directors of the entity; (iv) exercising voting shares in an entity under its actual control to pose significant influence on resolutions of the shareholders' general meetings of the entity; (v) any other circumstances recognised by China Securities Regulatory Commission. These Terms are a contract between you and TCL. You should read these Terms carefully and should not sign up or use TCL Account (or should stop using TCL Account if you have already started using it) if you do not agree to these Terms.
(A) If you are located in France, Germany or Indonesia: By clicking “Agree”, completing your sign-up and using a TCL Account (and clicking “Agree” and continuing to use TCL Account after a change to any relevant terms), you confirm that you have carefully read, fully understood and consented to each provision of these Terms, particularly those provisions that restrict or exempt liabilities, and the below-listed related agreements.
(B) For all other users: By completing your sign-up and using a TCL Account, and continuing to use TCL Account after a change to any relevant terms, you confirm that you have carefully read, fully understood and consented to each provision of these Terms, particularly those provisions that restrict or exempt liabilities, and the below-listed related agreements.
1.2 TCL reserves the right to modify these Terms at any time without prior notice. Such modifications and additional terms and conditions will be communicated to you and will be effective immediately upon your acceptance of them. If you do not agree to such modified Terms, you must cease using TCL Account.
If you are located in Germany: We will notify you of such modifications and additional terms and conditions by email. You will have two months to object against such modified Terms in writing, by mail, fax or email. If you do not explicitly object within such two-month period, you will be deemed to have accepted the modifications. (We will remind you again of such deemed acceptance in our email notice.) Modifications to these Terms will apply from the time specified in the email notice or, if not specified, from the end of the two-month period following the date of the email notice. If you object to the modifications, you will be deemed to have terminated these Terms.
2.1 You must satisfy the age requirement and soundness of mind requirement for full legal capacity as required by the laws in your jurisdiction. If you do not meet the above requirements, your legal guardian must provide consent to your use of TCL Account. If you are located in the United States, you must be age 13 or above to create a TCL Account.
2.2 We use the TCL Account as an identifier in servicing the users. As the owner of the TCL Account, we only grant you permission to use the TCL Account for the purposes set out in these Terms, conditioned on your continued compliance with all applicable laws and applicable contractual terms.
2.3 Your TCL Account will enable you to fully utilise a range of products and services (such as TCL website and online store, Loyalty program, TCL smart services, TCL Home app, etc.) provided across TCL’s ecosystem. The products and services accessible through the TCL Accounts may vary at different locations. The rights and interest you enjoy in one country/region may not be applicable to another country/region where you travel to.
2.4 We might engage third party partners to provide internet-based products and services independently under their own brands, which will be accessible through your TCL Account. These third party products and services remain subject to terms and conditions of the provider, may vary in different regions, and shall be provided in form and content at the sole discretion of the provider.
2.5 We may update, remove or change features and functionalities of the TCL Account from time to time. Your enjoyment of TCL Account may depend on your installation of the latest version of TCL Account, your mobile device and the operating system you use meeting the system and compatibility requirements that we establish from time to time, the region you are located in or the requirement of applicable law from time to time. To use TCL Account and associated services, you may need compatible hardware and software (and from time to time, this may require you to download and install the latest versions of such software). Internet connectivity is also required.
2.6 Some of our products and services may require payment from you. You acknowledge and agree that we reserve the right to charge for such products and services and to adjust the prices (and applicable taxes, as required by applicable law) from time to time. We will give you an opportunity to review these changes before they go into effect. You may select not to continue to receive certain products and services if you disagree with such price changes. These charges are in addition to any other charges and fees that third parties may impose.
2.7 We may subcontract any part of our services to our chosen service providers or another one of our subsidiaries or affiliated legal entities at our sole discretion.
3. Your Representations, Warranties and Undertakings
3.1 You represent, warrant and undertake that:
(A) your sign-up and use of the TCL Account are and will be for personal, private and non-commercial purposes only;
(B) you will not, and will not aid or assist any person to, sign up or use any TCL Account for any commercial, unlawful or illegal purpose;
(C) you will at all times, in connection with sign-up and use of TCL Account, comply with all applicable laws, regulations, policies and other requirements prescribed by any applicable regulatory authority or law enforcement body;
(D) all information (including personal data) that you provide to us is true, accurate and complete at the time provided, and you will promptly notify us in the event of any change to such information. We will not be responsible for any loss suffered from you being unable to use your TCL Account or any product or service dependent on you having certain verified details on your TCL Account, if it is caused by you providing incorrect, incomplete, or false information to us. Without limiting anything in this clause, you must not impersonate or misrepresent yourself as another person and we reserve the right to reject, block or deactivate a TCL Account which is suspected to be an impersonation, misrepresentation or misappropriation of another person’s name or identity.
3.2 Do not reveal your TCL Account name and log-in credentials to anyone else. You are responsible for maintaining the confidentiality and security of your TCL Account and password (for example, by regularly changing your password). In the event that your TCL Account credentials are lost, stolen or you find someone else using your TCL Account without your consent, you must notify us as soon as possible using the details set out below, to mitigate any loss, avoid any potential violation of applicable laws and regulations and to retrieve your TCL Account and password.
4. Intellectual Property
4.1 For the purposes of these Terms, “intellectual property rights” means copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether registered or unregistered (anywhere in the world).
4.2 With respect to all information or content you publish or upload using your TCL Account, you warrant that you are the owner (right holder) or have obtained legal authorisation and that your publication or upload will not infringe the legitimate rights or interests of any third party. In the event that any third party raises any objection to the abovementioned information or content, we reserve the right to delete the relevant information or content and the right to take corresponding legal action against you. To the extent permitted by applicable law, you shall pay full compensation for any losses thus caused to us or any third party.
4.3 TCL reserves all intellectual property rights in or relating to the design, logo, picture, layout and any other form of contents in relation to the webpage directing your registration of your TCL Account.
5. Data Protection and Privacy
6.1 You acknowledge and agree that TCL Account is provided to you on an “as is, as available” basis.
6.2 To the full extent permissible by applicable law, TCL and its partners, suppliers, and affiliates:
(A) disclaim, and do not make any representations or warranties of any kind, express or implied, as to the operation of TCL Account or any information made available by or through TCL Account, including but not limited to the implied warranties of merchantability, satisfactory quality, title, fitness for a particular purpose and non-infringement;
(B) do not warrant that use of TCL Account will be uninterrupted, available at any time or from any particular location, secure or error-free, that defects will be corrected, or that TCL Account is free of viruses or other potentially harmful components; and
(C) do not endorse the satisfactory quality, completeness, accuracy, non-infringement, compatibility, security, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed via TCL Account, including content uploaded by other people, advertisements, publicity or any other information of other people that you obtain via your TCL Account (Third Party Information). You acknowledge that all Third Party Information is uploaded and provided by third parties and we make no undertakings, warranties or representations regarding any rights thereof and assumes no responsibility for any consequences resulting from your use of such Third Party Information. You use such Third Party Information at your own risk and must judge the authenticity thereof by yourself and take precautions against any possible risk that might arise in connection with such Third Party Information. You might be exposed to some offensive, improper or objectionable information when receiving services via your TCL Account. To the maximum extent permitted by law, we will not be liable for such information. We are not liable for any direct, indirect, collateral, derivative or other losses and liabilities for any transaction or action in which we are not a direct party. If you wish to complain about content uploaded by other users, please contact us using the details set out below.
6.3 You acknowledge that there are inherent risks in using Internet-based services, including data privacy and security risks. In view of the particular nature of Internet-based services, you understand and agree that we do not assume any liability or responsibility for any direct, indirect, collateral, derivative or other losses or liabilities (including but not limited to losses in property, revenue, data files, personal information and other aspects or other intangible losses) that you may suffer in the course of using TCL Account in connection with events out of our control, including without limitation:
(A) malfunction of or inability to operate or use TCL Account normally due to force majeure events such as typhoons, earthquakes, tsunamis, floods, power outages, wars, cyber and terrorist attacks;
(B) interruption, delay or malfunction of or inability to operate or use TCL Account caused by viruses, trojans, other malicious programs, hacker attacks, technical adjustments or malfunctions by telecommunication operators and Internet providers, system maintenance or any other reason beyond our control;
(C) interruption, termination, delay or malfunction of or inability to operate or use TCL Account caused by changes in applicable laws and regulations, orders and rulings of judicial, administrative, and other authorities;
(D) interruption, delay or malfunction of or inability to operate or use TCL Account due to internet connectivity issues; or
(E) losses or liabilities you may suffer due to your unlawful or improper use of TCL Account or any breach of these Terms by you.
7. Limitation of Liability
7.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation; liability for damages caused by wilful misconduct or gross negligence; or any breach of the obligations implied by applicable consumer protection laws.
7.2 To the extent permitted by applicable law and subject to clause 7.1, in the event that we incur any liability in connection with these Terms, the operation of TCL Account or the provision of Services and such liability is not otherwise limited or excluded by these Terms, our liability will be limited to reasonably foreseeable damages.
7.3 Subject to clause7.1, our overall and aggregate liability to you in connection with your use of TCL Account will be limited to (where relevant) US$10.00 or an equivalent sum in the currency of the country in which you are based.
7.4 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a reasonably foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we will not be liable for any losses that are not reasonably foreseeable. Loss or damage is reasonably foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.
7.5 Subject to clause 7.1, you will indemnify and keep indemnified TCL, its officers, employees, agents, licensors or other third party providers from and against all losses and liabilities for which any of them may become liable and against all actions, suits, proceedings, claims or demands of any nature whatsoever which may be asserted, taken or made against any of them, or which any of them may incur or which may arise directly or indirectly in connection with your breach of law, your breach of these Terms or any acts or omissions you commit in using TCL Account or the Services that are not permitted by these Terms. This means that you will be liable to reimburse us on a dollar-for-dollar basis for losses and liabilities that we suffer because of your use or misuse of TCL Account or the Services (even if you did not authorise that use or misuse).
7.6 You acknowledge that TCL Account is intended for domestic and private use and we will not be responsible for indirect loss, consequential loss, loss of income, revenue, profits, business or business opportunity, business interruption, or any loss of data or corruption of data in connection with your use of TCL Account or the Services.
7.7 Without limiting clause 7.5, if you breach these Terms and to the extent permitted by law, you will be liable to TCL, its directors, officers, employees, affiliates, agents, contractors, and licensors for any claim arising out of your breach. You will also be liable for any action taken by TCL as part of its investigation of a suspected violation of these Terms, or as a result of its findings or decision that a violation of these Terms has occurred.
7.8 To the extent you have a lawful basis for making any claim against us in relation to these Terms, the operation of TCL Account or the provision of Services (including for alleged breach by us of these Terms), you agree that your exclusive remedy is limited to recovering from us direct losses you suffer. We will not be liable to you for any loss or damage that is indirect, consequential, special, incidental or punitive. This limitation of liability applies to the maximum extent permitted by applicable law.
7.9 We are not liable to you for:
(A) any acts or omissions we make in accordance with any requests made by you; or
(B) any acts or omission we make (including disclosure of any information relating to you or your TCL Account) where such act or omission is required or permitted by applicable law or regulations, orders, rulings or requests of judicial, administrative, and other authorities.
8. Termination of Services
8.1 You understand and agree that we have the right to terminate the services (or any part of them) pertaining to your TCL Account temporarily or permanently based on our operational policies and subject to the applicable laws at any time, or for any of the reasons set out in these Terms. We will endeavour to promptly notify you about the suspension or termination of your TCL Account according to applicable law, including by general notice on our websites and platforms. We recommend that you pay close attention to our websites and platforms for any notices, promptly backup your information and messages held or accessed via your TCL Account and retrieve anything belonging to you held or accessed via your TCL Account as necessary. We will not be liable to you to the extent you fail to take necessary measures to protect your information and properties held or accessed via your TCL Account.
8.2 You may delete your TCL Account at any time by visiting User center. If you delete your TCL Account, you will not have access to some of our products and services or to some of the third party products and services and you will lose access to certain services and all data that were accessed, stored or otherwise used in connection with your TCL Account prior to termination. This action may not be reversible. To the extent permitted by applicable law, fees paid by you on your TCL Account prior to termination are also non-refundable (including any fees paid in advance for subscriptions) if you choose to terminate for your own convenience. Termination for your own convenience will not relieve you of the liability to pay any accrued obligations you owe to us (including payment of any fees or charges due to us) prior to termination.
8.3 We may also terminate or suspend your TCL Account (at our sole discretion) in the following circumstances (without liability whatsoever to you):
(A) any breach by you of this agreement or any other terms and conditions relating to our services which are mentioned in these Terms;
(B) if required by applicable law, regulation or government action or if requested by law enforcement, a judicial body or other government agency;
(C) due to technical or security issues or problems beyond our control;
(D) any unlawful or fraudulent activity on your behalf;
(E) if we decide to discontinue TCL Account or replace it with an alternative service; and/or
(F) for any other reason with 30 days’ prior notice subject to the applicable law.
Unless otherwise specified in these Terms, termination will not affect rights, obligations and liabilities accrued before the date of termination.
9. Governing Law and Jurisdiction
9.1 These Terms are governed by the laws of the People’s Republic of China (excluding the laws of Hong Kong SAR, Macao SAR and Taiwan) (“China”), except as otherwise provided by any applicable mandatory law in your jurisdiction, in which case the governing law in relation to all or particular rights and obligations of the parties shall be the laws of your usual place of residence.
9.2 To the extent permitted by applicable law, in the event of a dispute arising out of or in connection with your use of TCL Account, TCL and you shall attempt, promptly and in good faith, to resolve any such dispute. In the event that no resolution can be concluded within 30 days from the date when such dispute has first been raised by either party, either party shall have the right to submit the dispute (which may be contractual or non-contractual) to the competent courts of China as the exclusive dispute resolution venue, unless applicable mandatory consumer protection laws in your jurisdiction provide you with an inalienable right for consideration of the dispute in your local jurisdiction and venue or otherwise prohibit you from consenting to such jurisdiction, in which case the courts of your usual place of residence will apply to such disputes related to these Terms. This does not affect your right to start proceedings to protect your legal position.
9.3 If you are a citizen of any European Union country, after providing a prior written request to TCL, you may also submit any claim on the dispute resolution platform on the European Commission website at: https://ec.europa.eu/info/live-work-travel-eu/consumers/resolve-your-consumer-complaint_en. The European Commission will forward your claim to the notified competent national mediators.
10.1 Any translation of these Terms is done for local requirements or convenience and in the event of any inconsistency between the English and any non-English version, the English version of these Terms shall govern, to the extent not prohibited by local law in your jurisdiction.
11.1 If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these shall remain in full force and effect.
11.2 These Terms constitute the entire agreement between you and TCL with regard to your use of TCL Account and the Services, and any and all other written or oral agreements or understandings previously existing between you and TCL with respect to such use are hereby superseded and cancelled.