TERMS OF USE
Last updated: September 1, 2022
1. INTRODUCTION
1.1. These terms of use (the "Terms of Use") based on which you may use for this website www.honor.com/ph/(the "Website"), are operated and maintained by Honor Device Co., Ltd.("we/us/our/Honor"). You may use the Website as a guest or as a registered user. By using the Website, you acknowledge that you accept these Terms of Use unconditionally and that you agree to abide by them. Your use of any part of the Website constitutes your acceptance of these Terms of Use which takes effect on the date on which you first use the Website. If you do not agree with these Terms of Use, you should cease using the Website immediately.
1.2. Please note that the vendor and merchant of record for products offered on the Website is [IRIDIUM TECHNOLOGIES INC.] ("Seller"), a company duly incorporated under the [Philippines] and located at [#304 PASDA Commercial Bldg. Araneta Ave. Cor. P Florentino, Brgy Sto Domingo, Quezon City, Philippines], with authorization to sell Honor brand products on the Website independently.
1.3. We reserve the right to change these Terms of Use at any time without notice to you by posting changes online. You are responsible to regularly review information posted online in order to obtain timely notice of such changes. Your continued use of the Website after changes are posted constitutes your acceptance of the amended Terms of Use.
1.4. You agree to comply at all times with any and all instructions for use of the Website, which we make from time to time.
1.5. We reserve the right to refuse access to the Website, terminate accounts, remove or edit content at any time without notice to you.
1.6. You must be eighteen (18) years of age or older to access or use the Website. If you are a minor, i.e. under the age of eighteen (18) years, you may use the Website only with the involvement of a parent or guardian.
1.7. Honor manages and operates this Website in Guangdong province, the People's Republic of China. Although you can access this Website anywhere around the world, not all features, products, or services discussed, mentioned, supplied, or provided through or on this Website are available in all countries/regions. Should you choose to visit this Website from countries or regions outside China, you are liable for ensuring your compliance with all applicable local laws in regard to visiting this Website.
2. INTELLECTUAL PROPERTY RIGHTS AND LIMITED LICENSE FOR THE WEBSITE
2.1. All contents (including but not limited to texts, images, music, videos, animations, patterns, charts, visual interfaces and code) on this Website and intellectual property rights therein exclusively belong to Honor, unless otherwise stated, as well as the concept, design, structure, expression, and display of the Content are owned, controlled, and used by Honor with legal authorizations. Without prior written consent of Honor or other parties, any content on the Website 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. 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 Honor or such third party as applicable.
2.2. All trademarks and other marks displayed, mentioned or otherwise used in this Website are property of Honor, 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 Honor or such third party as applicable.
2.3. Honor grants you a limited license that you can download information about Honor's products and services from this Website provided that:
(1) It is used only for personal and not commercial purposes.
(2) No alterations of any kind are made to the information.
(3) No further statements or warranties are made to this information or files containing this information.
(4) No representations and/or notifications indicating Honor's legal rights and interests in regard to our copyrights to this information are removed.
2.4. While your copyright protected by the applicable law remains unaffected, you herewith grant to Honor a non-exclusive, worldwide, permanent right regarding your contents in any way that is necessary or useful for the provision of Website services or on any other of Honor’s publications for free, including, but not limited to, other websites, advertising materials, videos, pictures etc.
3. Product Disclaimer
3.1. Honor shall not be liable / responsible for any breach of conditions, representations or warranties by the seller(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.
3.2. Honor shall not mediate or resolve any dispute or disagreement between / amongst you and seller(s) , distributor(s) or any entity or person involved in any transaction relating to the product(s).
4. AVAILABILITY, SECURITY AND ACCURACY OF THE WEBSITE
4.1. Whilst we endeavor to make the Website available twenty four (24) hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period. We make no warranty that your access to the Website will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally carry out repairs, maintenance or introduce new facilities and functions.
4.2. Access to the Website may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time without notice. We may impose restrictions on the length and manner of usage of any part of the Website or content thereof for any reason.
4.3. We do not warrant that the Website will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any computer equipment, software, data or other property as a result of your access to or use of the Website or your obtaining any material from, or as a result of using, the Website. We shall also not be liable for the actions of third parties.
4.4. Whilst we endeavor to ensure the information and materials on the Website are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. 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 the Website available to people who use the appropriate password.
4.5. Materials contained on the Website are provided for information purposes only and the same does not constitute any commitment or guarantee or obligation by us.
4.6. Only authorized users can have access to and make use of password protected and/or secure areas of this Website. 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.
5. RULES OF USE
5.1. This Website and the Content cannot be used illegally or beyond the scope outlined in these Terms of Use, nor can they be used to violate the legal rights and interests of other persons or organizations. You cannot use any form of device, program or algorithm, including those that include spiders, robots, deep-links, page-scrapes, or any identical or similar methods to manually access, obtain, copy, or monitor any part of this Website or the Content. Additionally, you cannot visit, obtain, or copy materials, text, information or other content through methods not supplied by this Website.
5.2. You shall not access or use without authorization any content or services on this Website through illegal hacking or password cracking attempts, or by any other illegal means. You shall not track, reverse lookup, crack, or decode any information about the users or visitors of the Website including but not limited to HONOR ID not owned by you, and misuse or disclose any service or information on this Website in any way.
5.3. You shall not test this Website and/or its network for vulnerabilities by scanning, or compromise the security or identity authentication measures adopted by this Website and its services. You shall not violate any of the security mechanisms or authentication measures utilized by this Website or networks that link to it. Neither shall you probe, scan, or otherwise test for any network weaknesses in relation to this Website, or launch any form of cyberattacks against it.
5.4. You agree not to use any device, software, or program to interfere or try to interfere with the normal operations or others' use of this Website, or any transactions made on this Website. You shall not engage in any actions that store unreasonable or disproportionate amounts of data on the infrastructures, systems, or networks of this Website, or systems or networks linked with this Website.
5.5. You shall not use this Website and the Content to engage in any activities that violate laws, infringe upon others' rights and interests, disturb social order, undermine social stability, or engage in any activities that may damage or attempt to damage computer systems and network security.
5.6. By using this website and its contents, you agree to abide by applicable laws and regulations, including but not limited to Export Controls. For the purpose of complying with those laws and regulations, we have the right to restrict or terminate your access to all or part of this website.
6. ACCOUNT, PASSWORD, AND SECURITY
6.1. You may need to register or log in to your HONOR ID in order to use certain features or services on this Website. You shall be fully responsible for keeping your account and password information secret and confidential, and liable for any behavior under your account in case such information is disclosed due to reasons caused by you.
6.2. Once you register with the HONOR Club, you will be asked to create a username for, allocate a password to and submit your personal data for your Account. You must keep the password confidential.
6.3. You shall inform Honor immediately of any account anomaly, including but limited to password being changed, or unauthorized login to or use of your account. You shall indemnify for losses suffered by Honor or other users of this Website if you fail to keep confidential of your account information and as a result, your HONOR ID is used by others. You must not use others' HONOR ID without the explicit consent of the account holder. Honor shall not assume any responsibility for said losses arising from your breach of this Article.
6.4. We use HONOR ID as the account to login this Website. You shall also obey HONOR ID User Agreement. You acknowledge and agree that in connection with the registration of your Account, we are entitled to collect information. Usage of such information shall be in accordance with the terms of Our Privacy Policy and applicable laws.
6.5. You must be registered with a valid personal email address that you access regularly so that, among other things, administration emails can be sent to you.
6.6. You must not use the Website in any way that causes or is likely to cause the Website 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 the Website in any way and you agree to use the Website for lawful purposes only.
7. USER CONTENT
7.1. Users of this Website 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 the Website 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 the Website, or by anyone who may be informed of any of its contents..
7.2. Since Honor does not control or pre-screen the User Content, Honor 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, Honor 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 Honor any content that you find vulgar, offensive, objectionable, indecent or inappropriate and Honor may take any action it deems fit.
7.3. 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 Website for the purpose of use on the Website or for generally marketing our services (by any means and in any media).
7.4. Any feedback you provide on this Website is regarded as non-confidential. Honor reserves the right to freely use this information.
8. THIRD PARTY WEBSITES
8.1. We provide links to the websites of our affiliates and other businesses or other independent third-party websites, 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, Honor does not provide any warranties, either express or implied, regarding the content, services, and information provided on linked websites, nor shall these links be taken as Honor's recommendation or authorization of the linked websites. You should carefully review the privacy statement 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 the Website provides a link.
8.2. 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 Website, provided that you do so in a fair and legal way without damaging our reputation or taking advantage of it.
8.3. In particular:
(1)You shall not make any warranties about us, our services or our policies except with our prior express written authorization;
(2)You shall not say anything that is false, misleading, derogatory or offensive about us or our services or policies;
(3)You shall not wrongly suggest (expressly or impliedly) that we have endorse your website or we are associate with it in any manner whatsoever;
(4)You shall not provide our website link connection with sale or purchase of replicas, counterfeits or other IPR infringing goods/services or items otherwise unauthorized;
(5)You shall not provide our website link in connection with content that is vulgar, offensive, objectionable, indecent or inappropriate.
9. PRIVACY
9.1. The Privacy and Personal Data Protection Policy is applied to this Website. You can read the details by clicking Privacy Policy at the bottom of each page. It should be noted that neither the network connection nor data transfer is completely safe nor confidential. Honor is unable to guarantee the security of the information you provide from being intercepted by others.
10. RIGHTS RESERVATION
10.1. Honor reserves the right to perform the following actions at any time without notice:
(1) Suspend or terminate the service of all or part of this Website at any time, irrespective of the reason;
(2) Fix or alter all or part of the Content as well as any applicable policies, terms or clauses;
(3) Suspend operation of all or part of the website for the purposes of maintenance, error corrections, or other such changes at regular or irregular intervals.
11. DISCLAIMER
Honor does not guarantee the availability, continuity and accessibility of this Website, its content nor its services, which are provided on an 'as is' basis. You, as the user, bear all responsibilities for your use of this Website and any linked websites. Should any or all services of this Website leave you unsatisfied, the only remedy for you is to stop using all or part of this Website, as part of your agreement with Honor in regard to your use of this Website. Publicly released information on this Website about the types of products and services available, including but not limited to product functions, specifications, parameters, technical standards, and service content may differ between countries/regions. Even the same product may vary in terms of product functions, specifications, parameters, and technical standards at its different stages of development. As website information may not be updated immediately with such changes, there may be variations between what you see online and what are sold on the market. Honor does not guarantee the correctness, completeness nor reliability of the content of this Website.
12. INDEMNITY
You shall indemnify and hold harmless Honor, 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.
13. RELEASE
Your relationship with Honor is on a principal to principal basis and by accepting these Terms of Use you agree that Honor does not have control of or liability for the products that are listed on the Website. Honor does not guarantee the identity or credentials of any user. You hereby expressly release Honor and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or any other consequence (legal or otherwise) of any of the actions/inactions of the other users of the Website.
14. LIMITATION OF LIABILITY
14.1. Unless otherwise prohibited by law, Honor shall not be liable for any indirect, consequential, disciplinary, incidental, or punitive damage, including but not limited to loss of benefits, to users in any case, even if Honor knows that the aforementioned damage may occur. If your use of this Website results in any form of damage or loss, the full and maximum compensation Honor and its partners may make to you will not exceed any subscription or similar fee amounts in relation to your use of the services or functions of this Website. Liability cannot be limited in regard to some legal aspects. Therefore the aforementioned limitation of liability may not be applicable to you.
14.2. You further acknowledge that we shall not have any liability (whether in contract, tort, negligence, misrepresentation, restitution or under any legal head of liability) in relation to your use or inability to use or delay in use of the Website or any material in it or accessible from it or from any action or decision taken as a result of using the Website 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.
15. TERMINATION OF SERVICES
You agree that if Honor considers you to have breached any of these Terms of Use, Honor can terminate or block your access to this Website without prior notice at its own discretion. If Honor terminates your access to this Website as a result of your breach of these Terms of Use, Honor bears no responsibility towards you or any third party. You agree that Honor reserves the rights to terminate your access to all or part of this Website's functions without prior notice to you at its own discretion, for reasons including but not limited to:
(1) In response to legal requirements or requirements of other government authorities.
(2) In response to your own request (such as requests for account deletion, which may result in online shopping services being unavailable).
(3) Service interruption or major modification to this Website or any of its services.
(4) Unpredictable technological problems.
16. SEVERABLITY
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 of Use are intended to be effective, then to the extent and within the jurisdiction which that 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.
17. GOVERNING LAW & DISPUTE RESOLUTION
These Terms of Use shall be governed and construed in accordance with the laws of People’s Republic of China. The place of signing of these Terms of Use will be regarded as Futian District in Shenzhen in the People's Republic of China. Any claims or dispute arising herein from these Terms of Use shall be submitted to the exclusive jurisdiction of the courts in People's Court in Futian District, Shenzhen for litigation.
18. MISCELLANEOUS
18.1. These Terms of Use constitute the full agreement between you and Honor in regard to the use of this Website, and replaces any and all prior written or oral agreements between you and Honor with regard to use of this Website. With the exception of what is stipulated in other signed agreements between you and Honor, Honor will not accept any counter-offers in regard to these Terms of Use.
18.2. If Honor does not strictly adhere to and carry out these Terms of Use, it should not be deemed as a waiver of rights by Honor regarding the content or the fulfillment of these Terms of Use. Any action taken between Honor and you or a third-party should not be deemed as an alteration to any of these Terms of Use.