IMPORTANT: PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. 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 (“Terms”) govern your enrolment and participation of the TCL Global Fans Group (“TCL Global Fans Group”) provided by TCL King Electrical Appliance (Huizhou) Co., LTD. (“TCL”, “our”, “we” or “us”).
1.2 By completing your enrolment and participating in the TCL Global Fans Group, and continuing to participate in the TCL Global Fans Group 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 other agreements referred to in these Terms below.
1.3 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 participating in the TCL Global Fans Group.
2. Eligibility and Participation in the TCL Global Fans Group
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 participation in the TCL Global Fans Group. You agree that TCL shall not be held liable or responsible directly or indirectly for information provided or submitted during the registration (including, but not limited to, information about your identity, age, mobile number, address, and email) is correct and is your own information.
2.2 TCL Global Fans Group refers to the groups organized by TCL through Telegram, WhatsApp, including but not limited to core features such as personalized recommendation, information release, interactive communication, search query, and other functions. TCL may, at its sole discretion, provide rewards to you for your participation in the TCL Global Fans Group, including coupons of TCL Online Store, additional chances to lottery draw, etc.
2.3 TCL may update, remove or change features and functionalities of the TCL Global Fans Group from time to time without any prior intimation. Your availability and participation of TCL Global Fans Group may depend on 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 participate in TCL Global Fans Group, 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.
3. Your Representations, Warranties and Undertakings
3.1 You represent, warrant and undertake that:
(A) your enrolment and participation in the TCL Global Fans Group 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, enrol in or use any functionalities of the TCL Global Fans Group for any commercial, unlawful or illegal purpose;
(C) you will at all times, in connection with enrolment and participation of TCL Global Fans Group, comply with all applicable laws, regulations, policies and other requirements prescribed by any applicable regulatory authority or law enforcement body;
(D) you will at all times, in connection with enrolment and participation of TCL Global Fans Group, comply with any rules stipulated by [Telegram and WhatsApp];
(E) 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 participate in the TCL Global Fans Group or receive any reward, 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.
3.2 You represent, warrant and undertake that you will not engage in the following behaviours:
(A) publish, transmit, disseminate, and store content that endangers national security, national unity, and social stability, or any content that violates national laws, regulations and policies such as insult, slander, pornography, violence, or others that cause anxiety, or user name, character name that contains the above content, or publishing, transmitting, disseminating advertising information, marketing information and spam message, etc.;
(B) infringe the legal rights of others such as intellectual property rights, portrait rights, privacy rights, copy rights and reputation rights;
(C) maliciously fabricate facts and conceal the truth to mislead or deceive others;
(D) conduct any behaviour that endangers the security of computer networks;
(E) conduct reverse engineering, decompiling or disassembling or copying to TCL products or software or attempt to discover the source code and algorithms of TCL software in other methods;
(F) engage in other behaviours prohibited by laws, regulations, policies, public orders and customs, and social ethics.
3.3 TCL reserves the right to reject, block or deactivate your participation of TCL Global Fans Group if we find you breach any representations, warranties or undertakings as above.
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 participating the TCL Global Fans Group, 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 logo, picture, layout and any other form of contents in relation to the TCL Global Fans Group.
5.1 You are responsible for the payment of all applicable taxes (if any) which may result from your participation in the TCL Global Fans Group. Once payments were made shall not be a refunded.
6.1 You acknowledge and agree that TCL Global Fans Group is provided to you on an “as is, as available” basis.
6.2 To the full extent permissible by applicable law, TCL:
(A) disclaim, and do not make any representations or warranties of any kind, express or implied, as to the operation of the TCL Global Fans Group or any information made available by or through the TCL Global Fans Group, 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 participation of the TCL Global Fans Group will be uninterrupted, available at any time or from any particular location, secure or error-free, that defects will be corrected, or that TCL Global Fans Group 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 Global Fans Group, including content uploaded by other people, advertisements, publicity or any other information of other people that you obtain via TCL Global Fans Group (“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 using TCL Global Fans Group. 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 through our email at firstname.lastname@example.org.
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 participating in the TCL Global Fans Group in connection with events out of our control, including without limitation:
(A) malfunction of or inability to operate or participate in TCL Global Fans Group 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 participate in TCL Global Fans Group 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 participate in TCL Global Fans Group 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 participate in TCL Global Fans Group due to internet connectivity issues; or
(E) losses or liabilities you may suffer due to your unlawful or improper participation of TCL Global Fans Group or any breach of these Terms by you.
(F) Your membership of the TCL Global Fans Group is linked to your TCL Account. If you deactivate your TCL Account or if your TCL Account is otherwise suspended or terminated, you will lose access to the TCL Global Fans Group, your reward points and benefits entitlements earned under the TCL Global Fans Group reward points shall not be merged or combined to any other product and all data that were accessed, stored or otherwise used in connection with your TCL Global Fans Group prior to termination. After expiry of the offer period or earlier termination of the membership either by you or TCL, the TCL Global Fans Group reward points shall not be exchanged, encashed, refunded, replaced or transferred and shall have no residual or monetary value. This action may not be reversible. To the extent permitted by applicable law, fees paid by you on your TCL Global Fans Group membership 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.
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 Global Fans Group 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 clause 7.1, our overall and aggregate liability to you in connection with your participation of TCL Global Fans Group 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 participating in TCL Global Fans Group 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 participation of the TCL Global Fans Group (even if you did not authorise that participation).
7.6 You acknowledge that the TCL Global Fans Group 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 participation of the TCL Global Fans Group.
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 Global Fans Group (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 participation of the TCL Global Fans Group) 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. Dismissal and Termination of Participation of TCL Global Fans Group
8.1 You understand and agree that we have the right to dismiss the TCL Global Fans Group (or any part of it) 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 dismissal of the TCL Global Fans Group according to applicable law, including by general notice on relevant platforms. We recommend that you pay close attention to the platforms for any notices, promptly backup your information and messages held or accessed via TCL Global Fans Group and retrieve anything belonging to you held or accessed via TCL Global Fans Group 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 TCL Global Fans Group.
8.2 We may also terminate or suspend your participation of the TCL Global Fans Group (at our sole discretion) in the following circumstances (without liability whatsoever to you):
(A) any breach by you of these Terms or any other terms and conditions relating to our services and products which are referenced 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 Global Fans Group or replace it with an alternative program; 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 participation of TCL Global Fans Group, 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.
10. CONTACT US
10.1 In case you have any matter connected with your participation of or any grievance related to TCL Global Fans Group, you may directly contact us as per our contact details below:
Address: ZHONGKAI NEW HIGH-TECH INDUSTRIES, DEVELOPMENT ZONE SECTION 78, HUIZHOU GUANGDONG, CHINA
These Terms constitute the entire agreement between you and TCL with regard to your participation of TCL Global Fans Group, and any and all other written or oral agreements or understandings previously existing between you and TCL with respect to such participation are hereby superseded and cancelled.
In no event TCL shall be responsible or liable for any direct, indirect, punitive, incidental, consequential or special damages, lost revenues, lost saving or lost profits or any damages suffered by you (“USER”) whatsoever arising out of or in any way connected under this “TCL Global Fans Group”.