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. IF YOU USE THIS WEBSITE, YOU CONFIRM THAT YOU UNDERSTAND, AGREE TO AND WILL BE BOUND BY ALL OF THESE TERMS.
These Terms and Conditions of use (“Terms”) govern your use of the www.tcl.com/cz and any other microsites falling within this website domain (referred to in these Terms as the “Website”) provided by Shenzhen TCL New Technology Co., Limited (“TCL”, “our”, “we” or “us”). These Terms and Conditions are a contract between you and TCL. If you don’t agree to the Terms, do not access this Website.
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. Your continued use of the Website constitutes your acceptance of modified Terms. If you do not agree to such modified Terms, you must cease using the Website.
1.1 You may be required to register an account on the Website when you purchase any product or service on the Website. You must make sure that all information that you submit during registration (including, but not limited to, information about your identity, mobile number, address, and email) is correct and is your own information. You will be responsible for promptly updating your registration information if there is a change in any detail after you have registered your account.
1.2 You should keep your account details safe and change the passcode regularly, and you agree to notify us immediately [by email to the email address email@example.com] if you lose your account passcode or discover unauthorised use of your account by third parties. We have the right to disable any user identification code or passcode if, in our reasonable opinion, you have failed to comply with any of the Terms.
1.3 You represent, warrant and undertake that:
(A) you will only access and use Website for personal, private and non-commercial purposes;
(B) you will not, and will not aid or assist any person to, access or use Website for any commercial, unlawful or illegal purpose;
(C) you will at all times when accessing and using Website comply with all applicable laws, regulations, policies and other requirements prescribed by any applicable regulatory authority or law enforcement body;
(D) you will not copy, reproduce, republish, change, reverse engineer, disassemble, decompile, dismantle, attempt to export the source code, decode, download, post, broadcast, transmit, make available to the public, adapt, alter or create a derivative work or engage in any other act that analyses or replicates the source code, structure and /or concept of the Website;
(E) you will not copy, redistribute or sub-license any of the Website’s content;
(F) you will not commit any act that may compromise the security of the Website, including but not limited to: use of unauthorised data or entry to unauthorised servers/accounts; entry to public computer networks or another person's computer system without authorisation, and/or delete, modify or add to the information stored within; attempt to check, scan or test the vulnerability of the Website, or other acts that may put the Website’s security at risk; attempt to interfere with, or damage the normal operation of, the Website, or engage in intentional dissemination of malicious software or viruses and / or other acts that may damage and disrupt normal network information services; or forgery of TCP/IP data packet names or parts of names;
(G) you will not engage in any activities that may compromise the fairness of the services provided by TCL, or otherwise affect the normal operating procedures of the Website, such as use of unauthorised third-party plug-ins or other illegal software, exploitation of software bugs (also termed loopholes or defects) to obtain unjustifiable gains, or publicise the above-mentioned unauthorised third-party plug-ins, illegal software or bugs online or by any other means.
3.1 For the purposes of these Terms, “intellectual property rights” means rights such as copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world).
3.2 As between you and TCL, all intellectual property rights in or relating to Website (including information, communications, software, texts, graphics, links and sounds), are owned by TCL.
3.3 TCL grants to you a limited, revocable, non-transferable, non-exclusive license to use the Website for your own personal and non-commercial use. Any other use of Website requires our prior written permission.
3.4 The TCL trademark, logo and any other trademarks, service marks, graphics, and logos used in connection with Website are trademarks of TCL or its licensors.
3.5 By publishing or uploading information or content using the Website, you confirm that you are the copyright holder or have been legally authorised to do so, and that the information or content does not infringe the rights of any third party. You grant to us a non-exclusive, worldwide, royalty-free, perpetual and irrevocable license to use and reproduce any content or information belonging to you that you provide to us or that we collect from you, to the extent necessary to provide Website to you and others, and from time to time to improve our products and services.
4.3 Where you have purchased goods or services from us or you have provided your consent to be contacted for marketing, you agree that we may send you advertisements, promotion or publicity information (including commercial and non-commercial messages) ourselves, or via third party advertising or marketing companies. You have the right to withdraw consent to these marketing messages by [unsubscribing the newsletter in your account settings or clicking the “un-subscribe” option in the marketing emails sent to you].
8.1 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 mandatory applicable 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.
8.2 To the extent permitted by applicable law, in the event of a dispute arising out of or in connection with your use of the Website, 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 prohibits from conferring 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.
9.1 Any translation of these Terms is done for local requirements or convenience and in the event of a dispute between the English and any non-English versions, the English version of these Terms shall govern, to the extent not prohibited by local law in your jurisdiction.
10.1 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.
10.2 These Terms constitute the entire agreement between you and TCL with regard to your use of the Website, 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.