Terms and Conditions of IHAIER Services

 

 

Welcome to IHaier2.0!

 

Before using the IHaier2.0 services, please read the Terms and Conditions of IHaier2.0 Service (these Terms and Conditions”) carefully, especially the liability exemption/limitation related sections (in bold). If You have limited or no legal capacity, please read the Terms and Conditions with Your parents or legal guardians to ensure that You and Your parents / guardians fully understand all the contents hereof.

 

IHaier2.0 services (the “IHaier2.0 Services” or the "Services") are provided by HAIER ("We"/“Our”/“US” or “HAIER"). Users of the Services ("You" or "Users") can control products (control of the devices) or use any other related services by remotely connecting the Service to any applicable products (including HAIER products and non-HAIER products).

 

 

I. Validity and Amendment of Terms and Conditions

 

1. These Terms and Conditions will be used to determine, adjust and manage the legal relationship between HAIER (as a Service provider) and Users of the Services when using the IHaier2.0 Services. In the process of registering HAIER Account (defined below), if You do not agree with any part of these Terms and Conditions, You should immediately stop the registration. Your registration or use of the IHaier2.0 Service will be deemed as Your acknowledgement of, as well as willingness to be bound by, these Terms and Conditions.

 

2. When You use certain kinds of service of IHaier2.0 Services, there may be some special terms and conditions for those services ("Special Terms and Conditions"). Such Special Terms and Conditions shall be deemed as a supplement to, and an integral part of, these Terms and Conditions. In case of any discrepancy between these Terms and Conditions and the Special Terms and Conditions, the Special Terms and Conditions shall prevail to the extent of discrepancy.

 

3. When You connect non-HAIER products to IHaier2.0 Services, You should abide by the user terms and conditions of relevant third party in addition to these Terms and Conditions. 

 

4. We may, at our discretion, amend these Terms and Conditions from time to time to the extent permitted by applicable laws and regulations. If any amendment has any material impact on Your rights or obligations, We will notify You in advance by reasonable means. If You continuously use the IHaier2.0 Services after the amendment comes into effect, it will be deemed that You have read, understood and unconditionally agreed to such amendment.

 

II. Registration of Your HAIER Account

 

1. HAIER intends to enable Users to access to all services of HAIER through one account. Therefore, You can either open a new HAIER account, or use any of Your account already registered in any product or terminal devices of HAIER ("HAIER Account") for the purpose of using the Services.

 

2. You should always pay attention to the security of Your HAIER Account (for instance, do not use over simple passwords or co-use account with any third party). We will not be liable for any loss caused by unauthorized use of Your Account. If You find any unauthorized use of HAIER Account or other account security issues (such as theft of password), please contact US immediately via [insert the specific contact information]. HAIER reserves the right to terminate Your HAIER Account if there exists (or HAIER reasonably suspects that there exists) any unauthorized use of Your HAIER Account or IHaier2.0 Services.

 

3. You fully understand and agree that You shall be liable for all activities under Your account. For the avoidance of doubt, HAIER will not be liable for any damages or loss caused by Your account.

 

4. HAIER has the right to terminate Your HAIER Account if You violate these Terms and Conditions or engage in illegal activities, and any and all losses incurred thereby (including losses incurred to HAIER as a result) shall be borne by You.

 

III. Qualifications for the Use of the Services

 

1. IHaier2.0 Services are for individuals who are 10 years old or above. If You are below 10 years old, You may not use or access to IHaier2.0 Services unless You obtain permission from Your parents or legal guardians. Your consent to these Terms and Conditions shall be deemed that You are 10 years old or above, or, if You are under 10 years old, You have obtained the permission of Your parents or legal guardians to use this Services.

 

2. You shall comply with any and all applicable laws and regulations for the registration and use of the Services.

 

IV. Licensing of Services and Restrictions

 

1. Between You and Haier, any and all intellectual properties in and to IHaier2.0 Services shall be owned by HAIER. All trademarks (such as HAIER), service marks and commodity names used in or related to IHaier2.0 Services shall be owned by HAIER. All contents, data, information in IHaier2.0 Services (except for the User generated contents and partner’s content), including but not limited to text, code, graphics, photos, sound, music and video, and all intellectual properties contained therein shall be HAIER’s proprietary assets.

 

2. Subject to Your compliance with these Terms and Conditions, HAIER grants You a non-exclusive, non-transferable, limited and revocable authorization and license to access to and use IHaier2.0 Services for your own purpose. In addition to the rights granted to You hereunder, HAIER reserves all rights contained in or related to IHaier2.0 Services. To the extent permitted by the laws, HAIER, at its own discretion, is entitled to restrict access to, suspend or terminate the provision of all or part of IHaier2.0 Services at any time without notice.

 

3. You agree to use the Services for personal rather than commercial purposes only, and agree that You will not engage in any of the following activities:

 

 (1) To interfere with or attempt to interfere with the operation or use of IHaier2.0 Services by any means or facilities, including but not limited to hackers or any other means;

 

 (2) To copy, edit, modify, change or extract the source code of IHaier2.0 Services (or any part thereof), or create its derivative works, or carry out reverse engineering, reverse assembly, reverse compilation, etc.

 (3) To delete information about intellectual property rights in IHaier2.0 applications;

 

(4)  Any activities not explicitly authorized by HAIER.

 

HAIER reserves the right to terminate all or part of the functions of Your HAIER Account if You engage in the above-mentioned activities, or if We reasonably suspect that You have engaged in the above-mentioned activities.

 

4. For the purpose of improving IHaier2.0 Services, HAIER may update IHaier2.0 applications from time to time (including but not limited to fix the bugs and upgrade the application versions). We will notify You when updates are available, and You can refuse to install such updates at Your discretion. However, if You refuse to install such updates, You may not be able to use some functions of the IHaier2.0 Services.

 

V. Use of Services

 

1. You can use the IHaier2.0 Services provided through IHaier2.0 applications. You may not use the Services for commercial purposes, or for any illegal purposes or purposes prohibited herein.

 

2. You agree that, as part of the Services, HAIER may send You promotional materials related to the products and the services of HAIER and its partners for marketing and promotional purposes. If You do not want to receive certain types of emails or other promotional materials any longer, You can cancel the subscription by following the instructions.

 

3. You understand that certain functions or services of IHaier2.0 Services may be linked to third-party products and/or their related services, or provided by any third party ("Partner’s Services"). When using such Partner’s Services, You hereby license HAIER to receive certain applicable information about You from the provider of corresponding Partner’s Service. You shall follow the terms and conditions provided by such partners when using those Partner’s Services. For the avoidance of doubt, HAIER does not provide any kind of express or implied guarantee for functions or services provided by any third party, nor does HAIER assume (and HAIER hereby exempts itself from) any liability related to or arising from any Partner’s Services, including but not limited to, functional failures. Partners shall assume full liability for any errors, defects or inaccuracies related to Partner’s Services or for any problems in IHaier2.0 Services caused by partners’ actions or negligence.

 

4. You understand that network environment is required for certain functions of IHaier2.0 Services, and Your network service provider may charge certain fee for the network access. You will ask for relevant fee schedule from Your network service provider, and bear such costs by Your own.

 

5. HAIER will make commercially reasonable effort to continuously provide Services with high-quality to You. However, please be aware that We do not provide any kind of express or implied guarantee with respect to IHaier2.0 Services. You fully understand and agree that You shall bear the risks of using the Services by Your own. Such risks include but not limited to:

 

(1) You may encounter content that makes You feel uncomfortable;

 

(2) Electricity will be used for remote operation of products. Operation for a long time may cause fire due to overheating, defects or short circuit, etc. 

 

(3) The use of IHaier2.0 Services is interrupted or errors occur, or any part of the Service is unavailable for any reason at any time or during any period;

 

(4) There are defects in the accuracy, authenticity and integrity of relevant Users’ information of IHaier2.0 applications (i.e. information generated by Users’ access to smart hardware or information input by Users themselves);

 

 (5) There may be the risks caused by the access to third-party links or the use of third-party products or services, during the use of IHaier2.0 Services.

 

Unless otherwise provided herein, HAIER will not be responsible, nor will it bear any legal liability, for any accident, negligence, infringement or loss that may result from the use of IHaier2.0 Services.

 

6. If You fail to comply with these Terms and Conditions or any other terms and conditions of service applicable to HAIER Account, HAIER may, without prior notice to You:

 

(1) Terminate Your use of IHaier2.0 Services;

 

 (2) Terminate the license granted hereunder.

 

7. You may choose to cease the use of all or part of IHaier2.0 Services at any time by disconnecting any networked device and Internet through operation of the App or operation of device itself (for some devices), or restoring the factory settings, or deregistering Your account, but please be aware that it will lead to following results:

 

(1) You will not be able to use some functions of the App; and/or

 

(2) You can only operate the home appliances through the appliances themselves, rather than through the App.

 

VI. Contents Generated by You and Licenses thereof

 

1. When uploading, transmitting, displaying or otherwise providing any information, material or other contents (“User Generated Content” or UGC”) through IHaier2.0 applications, You agree to grant HAIER an irrevocable, unrestricted, transferable, worldwide, royalty-free, permanent and non-exclusive license to use Your UGC for any purpose (commercial, advertising or other purposes) in any way or in any existing medium or mediums developed in future, including but not limited to copying, modifying, editing, adapting, translating and displaying such UGC ("User Content License"). HAIER will decide how to give credit depending on the manner in which the UGC are used. If You have specific requirements about credit, please inform HAIER in writing when You provide such UGC.

 

2. You shall be fully responsible for any UGC provided by You and for any results caused thereby or in connection therewith (including any losses HAIER may suffer as a result). You hereby undertake that:

 

(1) You own all rights related to the UGC, or have been authorized to grant     HAIER "User Content License";

 

(2) The UGC does not infringe upon any intellectual property or any other third party's rights (e.g., You should obtain the express consent and/or permission from each identifiable individual in the UGC to use the name or portrait of such identifiable individuals);

 

(3) The UGC does not contain any virus or other harmful code, etc.

 

(4) The UGC does not include "spam" or any marketing activity without the approval of HAIER;

 

(5) The UGC does not contain any content prohibited by laws, regulations, administrative regulations and these Terms and Conditions, such as consents related to obscenity, pornography, gambling, violence, murder, terror or abetting.

 

HAIER reserves the right to delete or refuse to publish any UGC or to terminate Your account in case of any breach of this section. You agree to indemnify and hold HAIER harmless for any loss incurred or liability with respect to any third party claims as a result of Your breach of this section.

 

3. HAIER assumes no liability for any UGC. The views expressed in the UGC do not represent the views or values of HAIER. IHaier2.0 Services only serves as a channel to distribute the UGC, which does not express any acknowledgement of any UGC. Haier will not assume any obligation or liability for any UGC or the activities of any and all Users of IHaier2.0 Service. You should not easily believe any UGC requiring passwords or in relation to loans or other properties.

 

VII. Protection of Your Personal Information and Privacy

 

1. In addition to the registration information provided by You when You create the HAIER Account, We may also ask You to provide other information only for the purpose of providing the Services to You. You agree and undertake to provide accurate, most up-to-date and complete information.

 

2. HAIER highly values the protection of Users' personal information and privacy. Only with Your consent (e.g. when You register the HAIER Account) can HAIER collect and use the personal information which are required for Your use of the Services (including but not limited to registration information). Before using the Services, please read through the relevant privacy policies of IHaier2.0 Services as set forth in HAIER privacy policies and its supplementary terms, tips and notifications issued from time to time (collectively, "HAIER Privacy Policies"). HAIER Privacy Policies are integral part of these Terms and Conditions. In terms of personal information and privacy protection, in case of any discrepancy between these Terms and Conditions and the HAIER Privacy Policies, the HAIER Privacy Policies shall prevail.

 

VIII. Limitation of Our Liabilities

 

1. HAIER will not be liable for any damages or loss caused by any of the following events:

 

(1) The Services are interrupted or obstructed and thus cannot meet the Users’ requirements, which is caused by hacker attack, computer virus intrusion, the shielding of illegal content information and harassment information, government control, and any other factors in relation to network, technology, communication lines, information security management measures, etc.;

 

(2) Any loss caused by communication line failure, technical problems, network, computer failure, transmission delay, system instability or other force majeure;

 

(3) Any losses caused by other errors, interruptions, defects and operations;

 

(4) Any business losses You may suffer resulting from Your breach of the provisions hereof (for example, Your use of IHaier2.0 Services for any commercial or business purpose), including but not limited to loss of profits, loss of data, business interruption or loss of business opportunities.

 

2.    These Terms and Conditions do not exclude or restrict Your lawful rights as a   consumer, including but not limited to:

 

(1) Liability for death or personal injury due to Our negligence;

 

 (2) Any other liability that is prohibited from being excluded or restricted by laws.

 

IX. Force Majeure

 

We will not be liable for any delays or failures in the performance of Our obligations hereunder if it is caused by Force Majeure (i.e. unforeseeable, unavoidable and insurmountable objective circumstances, including factors in relation with infrastructures, such as changes of policies or rules of competent government departments). We may suspend the performance of Our obligations hereunder within the scope and duration of the force majeure until the influence of the force majeure disappears. We will make reasonable efforts to find solutions to fulfill Our obligations hereunder in the event of force majeure.

 

X. Miscellaneous

 

1. If any part of these Terms and Conditions is deemed invalid, illegal or unenforceable, the validity, legality and enforceability of the rest part shall not be affected or impaired in any way.

 

2. You may not transfer Your Terms and Conditions without prior written consent of HAIER.

 

3. If there is any dispute or controversy between You and HAIER, first of all, the two parties shall consult each other friendly. If such dispute or controversy can’t be settled through friendly consultation, You agree to submit it to the people's court with jurisdiction in Laoshan District, Qingdao City, P. R. C..

 

Please contact US via any of the following channels if You have any questions about IHaier2.0 Services or these Terms and Conditions:

 

by email

yanxs@haier.com