Honor Club Terms of Use

Introduction

1. These Terms of Use (the "Terms of Use") covering your use of Honor Club, including the official Honor Club website https://club.hihonor.com/pk/ (the "Website") and the Honor Club app, are designed, operated and maintained by Huawei Device (Hong Kong) Co., Ltd. (hereinafter referred to as "Huawei", "we", "us", or "our"). You may use Honor Club as a guest or as a registered user. By using Honor Club, you indicate that you accept these Terms of Use unconditionally and that you agree to abide by them. Your use of Honor Club constitutes your acceptance of these Terms of Use, which shall take effect immediately upon your use of any Honor Club service. If you do not agree with these Terms of Use, you should cease using Honor Club immediately.

2. We reserve the right to update, change or replace any part of these Terms of Use at any time without notice to you by posting updates and/or changes to our website. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of Honor Club following the posting of any changes constitutes your unconditional acceptance of the amended Terms of Use.

3. You agree and acknowledge that Huawei is only a facilitator and is not a party to or controls in any manner, any transaction(s) on Honor Club. Accordingly, the contract of sale of products through Honor Club shall be strictly between you and the seller(s) on Honor Club.

4. You agree to comply at all times with any and all instructions for use of Honor Club, which we make from time to time.

5. We reserve the right to refuse access to Honor Club, terminate accounts, remove or edit content at any time without any notice to you.

6. You must be 18 years of age or older to access or use Honor Club. If you are a minor i.e. under the age of 18 years, you may use Honor Club only under the supervision and guidance of a parent or guardian.

Intellectual Property Rights and Limited License for Honor Club

1. All contents on Honor Club and intellectual property rights therein exclusively belong to Huawei, unless otherwise stated. Without prior written consent of Huawei or other parties, any content on Honor Club shall not be reproduced, distributed, photocopied, played, linked or transmitted with super-links, loaded into other servers in "mirroring method", stored in information retrieval system, or otherwise used for any commercial purpose by any person by any means.

2. All trademarks and other marks displayed, mentioned or otherwise used in Honor Club are property of Huawei, its affiliates or its content suppliers. You are not permitted to use any of these trademarks or logos in any way without explicit prior written permission of Huawei or such third party as applicable.

3. Contents of Honor Club such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software etc. are exclusive properties of Huawei, its affiliates or its content suppliers and are protected by Pakistan’s and international copyright, authors' rights and database right laws. You are not permitted to extract or utilize the contents or any part thereof or develop/create any deceptively similar content, mark, logo etc., in any way, without explicit prior written permission of Huawei or such third party as applicable.

4. Huawei grants you a limited license to access and make personal use of Honor Club for downloading or reproducing content for private and non-commercial purposes (provided, however, that such use shall not include any revision or change(s) whatsoever to the content and intellectual property rights and other proprietary rights declarations shall be retained in the same form and manner as on the original).

Product Disclaimer

1. Huawei shall not be liable/responsible for any breach of conditions, representations or warranties by the seller(s), manufacturer(s), distributor(s) or any entity or person involved in any transaction relating to the product(s) and hereby expressly disclaim all responsibilities/liabilities to this effect.

2. Huawei shall not mediate or resolve any dispute or disagreement between/amongst you and seller(s) or manufacturer(s), distributor(s) or any entity or person involved in any transaction relating to the product(s).

3. Honor Club and contents thereof are provided for your convenience only. Although Huawei has attempted to provide accurate information on Honor Club, it assumes no obligation or responsibility regarding the accuracy of the information whatsoever. Huawei may change the contents available on Honor Club or the products mentioned at any time without notice.

4. All information provided on Honor Club is provided on an "as is, where is" basis without warranties, guarantees or representations of any kind. Huawei hereby expressly disclaims, to the fullest extent permitted by law, all express, implied, statutory or other warranties, guarantees or representations, including but not limited to, the implied warranties of merchantability, fitness/suitability for a particular purpose or legality of the products.

Availability of Honor Club, Security and Accuracy

1. Whilst we endeavor to make Honor Club available 24 hours a day, we will not be liable if for any reason Honor Club is unavailable at any time or for any period. We make no warranty that your access to Honor Club will be uninterrupted, timely or error-free. We may also occasionally carry out repairs, maintenance or introduce new facilities and functions.

2. Access to Honor Club may be suspended or withdrawn from you personally or all users temporarily or permanently at any time and without any notice. We may also impose restrictions on the length and manner of usage of any part of Honor Club or content thereof for any reason.

3. We do not warrant that Honor Club will be compatible with all hardware and software which you may use and shall not be liable for any resulting damage to any user's equipment, software, data or property from any virus, bugs, error, omission or any other technical difficulty or malfunction relating to the use of or access to Honor Club, nor shall we be liable for the actions of any third party.

4. Whilst we endeavor to ensure that information and materials on Honor Club are correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability to the information, products or services contained on our website or Honor Club app for any purpose. This shall not affect any obligation which we may have under any contract that we may have with you to provide you with services, including any obligation that we may have under that contract to provide you with accurate information and advice, and which we may do through a secure part of Honor Club available to people who use the appropriate login details including username and password.

5. Materials contained on Honor Club are provided for information purposes only and the same does not constitute any commitment or guarantee or obligation by us.

6. Only authorized users can have access to and make use of password protected and/or secure areas of Honor Club. You are responsible for maintaining confidentiality of your Account and password and for restricting access to your computer to prevent unauthorized access to your Account. You agree to accept responsibility for all activities that occur under your Account or password. Unauthorized users attempting to access such areas may be subject to prosecution.

Registration on Honor Club

If you would like to submit a purchase order for one of the products listed on Honor Club, you must register for an account on the official Honor Club website, in which you will be able to access on Honor Club through "My Account".

1. Upon your registration with Honor Club, you will be asked to create a username and password, and provide your personal data for your account. You must keep your password confidential and notify us immediately in the event your password is disclosed to any unauthorized third party or if there is any unauthorized use of your email address or your Account or any breach of security known to you.

2. You acknowledge and agree that in connection with the registration of your Account, we are entitled to collect information, including but not limited to any personal data, while usage of such information shall be in accordance with the terms of our Privacy Policy and applicable laws.

3. You must register with a valid personal email address, in which you can access regularly, so that among other things, administration emails can be sent to you.

4. You must not use Honor Club in any way that causes or is likely to cause Honor Club or access to it to be interrupted, damaged or impaired in any way. We reserve the right to disable your Account, if your actions disrupt or are likely to disrupt Honor Club in any way and you agree to use Honor Club for lawful purposes only.

5. When you register for an Account and log in thereafter, you have the option to sign up to receive information emails, or opt out at any time by unsubscribing from such emails, logging out of your Account or by sending an unsubscription email.

(i) The process of registering new users shall improve, by separately design a tick box with the wording (you can modify and give us for confirmation) "you agree to receive from time to time, our exciting promotion and discount information by email".

(ii) In the user panel of Honor Club, the users have the option to opt out for such email communications.

(iii) An unsubscription link shall be provided at the bottom of each information email sent to end users to allow the users to unsubscribe from such emails.

6. You may access information relating to your order submitted on Honor Club by logging in to your account. You will be able to view information relating to your completed, open or recently dispatched orders and manage and save your address information, any bank details and any newsletter or information system to which you may have subscribed.

User Content

1. Users of Honor Club may post reviews, comments and other content; which is not illegal, obscene, abusive, threatening, defamatory, objectionable, inaccurate, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, and does not contain software viruses or any form of spam. Commentary and other materials posted on Honor Club are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to Honor Club, or by anyone who may be informed of any of its contents.

2. Since Huawei does not control or pre-screen the User Content, Huawei makes no warranty of the accuracy, integrity or quality of any User Content, and you acknowledge that you may be exposed to User Content that you may find to be objectionable, indecent or inappropriate. Notwithstanding the above, Huawei reserves the right to pre-screen, filter, restrict, block, move, refuse, modify or remove User Content at any time at its sole discretion, without prior notice. You may report to Huawei any content that you find vulgar, offensive, objectionable, indecent or inappropriate and Huawei may take any action it deems fit.

3. License for User Content: You hereby grant to us an irrevocable, royalty-free, worldwide, assignable, sub-licensable license to use (in accordance with the Terms of Use and applicable laws), any material which you submit to us or post on the Honor Club for the purpose of use on Honor Club or for generally marketing our services (by any means and in any media).

Indemnity

You shall indemnify and hold harmless Huawei, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand or actions including reasonable attorney's fees, initiated/made by any third party or penalty imposed due to or arising out of your breach of these Terms of Use or any document(s) incorporated by reference or your violation of any law, rules, regulations or the rights of a third party.

Release

Your relationship with Huawei is on a principal to principal basis and by accepting these Terms of Use you agree that Huawei does not have control of or liability for the products that are listed on Honor Club. Huawei does not guarantee the identity or credentials of any user nor does it ensure that a seller will complete a transaction. You hereby expressly release Huawei and/or its affiliates and/or any of its officers, directors and representatives from any cost, damage, liability or any other consequence (legal or otherwise) of any of the actions/inactions of the sellers or other users of Honor Club.

Limitation of Liability

1. To the extent permitted by law, our total liability to you or any third party in relation to the use of Honor Club and/or any corresponding transactions made on Honor Club shall in no circumstances exceed ten percent (10%) of the aggregate amount paid by you to us in the twelve (12) months preceding any cause of action arising.

2. You further acknowledge that we shall not have any liability (whether in contract or tort for negligence, misrepresentation, restitution or under any legal head of liability) in relation to your use or inability to use or delay in use of Honor Club or any material in it or accessible from it or from any action or decision taken as a result of using Honor Club or any such material, for any indirect or consequential losses, damages, costs or expenses; loss of actual or anticipated profits; loss of contracts; loss of use of money; loss of anticipated savings; loss of revenue; loss of goodwill; loss of reputation; loss of business; loss of operation time; loss of opportunity; or loss of, damage to or corruption of, data; whether or not such losses were reasonably foreseeable or we had been advised of the possibility of you incurring such losses.

Third-Party Websites

1. We provide links to the websites of affiliated companies and certain other businesses, but we have no control over the content of such linked sites and accept no responsibility thereon. Such linked sites are provided on "as is where is" basis for your convenience only with no warranty, express or implied, for the information provided within them. You should carefully review the privacy policy and other terms of use of these linked sites and access to the same shall be at your own discretion and risk. We do not provide any endorsement or recommendation of any third party site to which Honor Club provides a link.

2. We hereby grant to you a revocable, non-exclusive, royalty-free license to provide a link on your website to the home page of our Honor Club, provided that you do so in a fair and legal way without damaging our reputation or taking advantage of it. In particular: (a) you should not make any warranties or representations about us, our services or our policies except with our prior express written authorization; (b) you should not say anything that is false, misleading, derogatory or offensive about us or our services or policies; (c) you should not falsely suggest (expressly or implied) that we have endorsed your website or we are associated with it in any manner whatsoever; (d) you should not provide our Honor Club's link in connection with sale or purchase of replicas, counterfeits or other IPR infringing goods/services or items otherwise unauthorized; and (e) you should not provide our Honor Club's link in connection with content that is vulgar, offensive, objectionable, indecent or inappropriate.

Severability

If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent that a particular term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.

Governing Law and Dispute Resolution

These Terms of Use shall be governed and construed in accordance with the laws of Hong Kong. Any claims or disputes arising herein from these Terms of Use shall be submitted to the exclusive jurisdiction of the courts in Hong Kong.

Contacting Us

For any questions or comments regarding Honor Club, please contact us via email at pk.support@hihonor.com.

Huawei Device (Hong Kong) Co., Ltd.