IMPORTANT: PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF USE TO UNDERSTAND THE CONDITIONS APPLICABLE IN CASE OF USAGE OF THE WEBSITE AND FOR PURCHASE OF PRODUCTS THEREFROM. IF YOU USE THIS WEBSITE, YOU CONFIRM THAT YOU UNDERSTAND, AGREE TO AND WILL BE BOUND BY ALL OF THESE TERMS.
The Terms and Conditions as set out herein (“Terms”) constitute an agreement between you and [TCL South Africa] (“TCL”, “we”, “us” or “our”), which operates the Website (defined hereinafter) and a natural or legal person who accesses and/or uses Website in any manner (“you” or “your”) or uses any current or future service or functionality or offer made available on the Website (“Service(s)”), as updated from time to time. The Terms govern your use of the Website and transaction or dealings thereon. These Terms are divided into 2 (two) parts. By using the Website, you expressly agree to be bound by the Terms If you don’t agree to the Terms, do not access this Website. The availability and enjoyment of Services 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.
For the purposes of these Terms: (a) “Website” means the https://www.tcl.com/southafrica/en, which include its corresponding mobile application/microsites/ website/tablet/desktop or any other digital mode and/or operating system as provided by TCL, on which you may avail the Services and includes applications controlled and managed by TCL which interact with one or more such mobile applications/ wallets/ websites/ tablets and digital modes as provided by TCL; and (b) “Products” shall mean the variety of products offered for sale to you on the Website.
PART A - TERMS AND CONDITIONS FOR USAGE OF WEBSITE
1.2 TCL reserves the right to modify these Terms at any time without prior notice. We encourage you to check these Terms to ensure you understand the terms and conditions that apply at that time. 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. Further, please note that TCL reserves its right to either change the format and the content of the Website or it may suspend the operation of the Website for support or maintenance work, in order to update the content or for any other reason, at any time without any notice to you.
1.3 Please note that the Website include links and access to other goods and services that may be offered by TCL or its affiliates and your access to the Services, other platforms or utilisation of Products, offers or promotions in relation to the Products as may be provided by TCL may be governed by separate terms and conditions, policies or guidelines (“Additional Terms”) along with these Terms available here. If these Terms are inconsistent with any Additional Terms, the Additional Terms will control to the extent of such inconsistency with respect to the applicable Service or utilisation of the Product.
1.5 By accepting this Agreement, you affirm that you are eighteen (18) years of age or above and are fully competent to enter into this Agreement, and to abide by and comply with these Terms. In case you are below 18 years of age, you may access and use the Website only if enabled by a parent or legal guardian.
2. Registration Of Your Account
2.1 You may be required to register an account on the Website when you purchase any Product 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.
2.3 You represent, warrant and undertake that:
2.3.1 you will only access and use Website for personal, private and non-commercial purposes and not for resale of Products or content therein;
2.3.2 you will not, and will not aid or assist any person to, access or use Website for any commercial, unlawful or illegal purpose;
2.3.3 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;
2.3.4 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 ;
2.3.5 you will not copy, redistribute or sub-license any of the Website’s content;
2.3.6 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;
2.3.7 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. Linked Websites
3.1 The Website may contain hypertext links to websites or pages created and maintained by third parties which are not affiliated to TCL, or which have not been authorised by TCL. Activating such hypertext links may cause you to leave the Website. Such addresses or hypertext links are provided solely for your convenience and information. We do not control or review any of these websites and pages linked with or connected to the Website and, accordingly, we do not accept any liability for their content, the offered Products, services or offers, or any consequences of their use. Accessing these websites or pages shall be at your own risk.
3.2 You must not link the Website to any other website in such a way as to make it possible for a user to bypass the page containing these Terms.
4. Intellectual Property
4.1 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).
4.2 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.
4.3 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.
4.4 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.
4.5 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.
5. Data Protection and Privacy
5.3 By accepting the Terms, 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 explicitly consent to receive such communications (through call, SMS, email or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings. 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/ SMSs sent to you].
6. Security and Virus Protection
6.1 Although care is taken to check and test material at all stages of production, we cannot accept any responsibility for any loss, disruption or damage to your data or your computer system which may occur whilst using the Website or material derived from it. You assume full responsibility for the protection of your computer system including computer hardware, software and stored data on your computer system and hardware, software and stored data of third parties who may access, or be otherwise connected to, your computer system.
7.1 To the fullest extent permissible by applicable law, TCL, its partners, suppliers, and affiliates:
7.1.1 disclaim, and do not make any representations or warranties of any kind, express or implied, as to the operation of Website, its contents, or any information made available by or through Website, including but not limited to the implied warranties of merchantability, satisfactory quality, title, fitness for a particular purpose and non-infringement;
7.1.2 do not warrant that use of Website will be uninterrupted, available at any time or from any particular location, secure or error-free, that defects will be corrected, or that Website is free of viruses or other potentially harmful components;
7.1.3 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 Website.
7.1.4 You acknowledge and agree that Website is provided to you on an “as is, as available” and “where is” basis. TCL, for itself and any third-party providing materials, services, or content to this Website, makes no representations or warranties, either express, implied, statutory or otherwise of merchantability, fitness for a particular purpose, or noninfringement of third-party rights, with respect to the Website, the information or any Products or Services to which the information refers. TCL will not be liable to you or any third party for any damages of any kind, including but not limited to, direct, indirect, incidental, consequential or punitive damages, arising from or connected with the site, including but not limited to, your use of this site or your inability to use the site, even if we have previously been advised of the possibility of such damages.
7.1.5 You acknowledge that there are inherent risks in using Internet-based services (including data privacy and security risks) and in view of the particular nature of Internet-based services, you understand and agree that we do not assume any responsibility for any losses (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 the Website that arise in connection with events out of our control, including under the following circumstances:
(a) malfunction of or inability to operate or use Website normally due to force majeure factors such as typhoons, earthquakes, tsunamis, floods, power outages, wars, cyber and terrorist attacks;
(b) interruption or delay or malfunction of or inability to operate or use Website caused by system viruses, trojans, other malicious programs, hacker attacks, technical adjustments or malfunctions by telecommunication operators and Internet operating companies, system maintenance or any other reason beyond our control;
(c) interruption, termination or delay or malfunction of or inability to operate or use Website caused by changes in applicable laws and regulations, orders and rulings of judicial, administrative, and other authorities;
(d) interruption or delay or malfunction of or inability to operate or use Website due to internet connectivity issues; or
(e) losses or liabilities you may suffer due to your unlawful or improper use of Website or any breach of these Terms by you.
8. Indemnity and Limitation of Liability
8.1 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.
8.2 Subject to clause 7.1, in the event that we incur any liability in connection with these Terms and the operation of Website and such liability is not otherwise limited or excluded by these Terms, our liability will be limited to reasonably foreseeable damages.
8.3 Subject to clause 7.1, our overall and aggregate liability to you in connection with your use of Website will be limited to (where relevant) US$10.00 or an equivalent sum in the currency of the country in which you are based.
8.4 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 that are not permitted by these Terms.
8.5 Subject to clause 7.1, TCL excludes all liability for indirect loss, consequential loss, loss of income, revenue, business or profits, or any loss of data or corruption of data in connection with your use of Website. In addition, you acknowledge that Website is intended for domestic and private use and we will not be responsible for loss of profit, loss of business, business interruption, or loss of business opportunity.
8.6 Without limiting clause 7.4, 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.
8.7 Termination of this agreement does not affect any rights or liabilities incurred by you or us prior to the date of termination.
9. Governing Law and Jurisdiction
9.1 These Terms are governed by and to be interpreted in accordance with the laws of local.
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 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 [Thailand] 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.
10. Contact us
In case you have any matter connected with your access to the Website, any matter regarding customer protection or any grievance related to Services being availed hereunder, you may directly contact us as per our contact details below:
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 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.
11.4 In addition to these Terms , you will also ensure that you are in compliance with the terms and conditions of the third parties, such as brand promotional offers, whose links, if any, are contained/embedded in the Services. You agree that TCL will not be liable for any transaction between you and any such third parties.