EFFECTIVE DATE: January 15, 2021
IMPORTANT: PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF USE. 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. IF YOU USE THIS TCL HOME APP, YOU CONFIRM THAT YOU UNDERSTAND, AGREE TO AND WILL BE BOUND BY ALL OF THESE TERMS.
1. Overview
These Terms and Conditions of use (“Terms”) govern your use of the TCL Home mobile application (“TCL Home”) provided by TTE Technology, Inc. dba TCL North America (“TCL”, “our”, “we” or “us”). These Terms form a contract between you and TCL. You should read these Terms carefully and should not sign up or use TCL Home if you do not agree to these Terms.
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. Your continued use of TCL Home constitutes your acceptance of modified Terms. If you do not agree to such modified Terms, you must cease using TCL Home.
You need to register an account to use TCL Home. Your registration and use of your account is subject to a separate account at https://www.tcl.com/us/en/home-app-privacy-policy and your continued compliance with the account terms and conditions forms a condition of your right to use TCL Home. All actions carried out using your TCL account that link to TCL Home are deemed to have been conducted by you personally. You bear the consequences of any such actions, and we may, at our discretion, suspend, restrict or terminate your use of TCL Home (or any part of it) for any breach of your obligations. If you suspect your TCL account has been compromised, you must report this to us immediately to mitigate any risks of loss to you or to us.
Personal information which we collect or that we otherwise obtain in connection with your use of TCL Home is handled in accordance with our Privacy Policy at https://www.tcl.com/us/en/home-app-privacy-policy
There may be other products and services offered by TCL which are associated with the TCL Home features and functionalities. The use of such other products and services shall be governed by separate terms and conditions.
2. General
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 use of TCL Home. Children under age 18 shall obtain their parents’ or legal representatives’ express consent before use or access TCL Home. If you are located in the United States, you must be age 13 or above to use TCL Home.
TCL Home is a mobile phone application which includes the following features and functionalities:
We may update, remove or change the TCL Home features and functionalities from time to time. Your enjoyment of TCL Home may depend on you having installed the latest version of TCL Home, your mobile device and the operating system you use meeting the system and compatibility requirements that we establish from time to time, the region you are located in or as required by applicable law from time to time. To use TCL Home, 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.
Some of our products and services may require payment from you. You acknowledge and agree that we reserve the right to charge for such products and services and to adjust the prices (and applicable taxes, as required by applicable laws) from time to time. We will give you an opportunity to review these changes before they come into effect. You may elect not to continue to receive certain products and services if you disagree with such price changes. These charges are in addition to any other charges and fees that third parties may impose.
We may subcontract any part of our services to our chosen service providers or another one of our subsidiaries or affiliated legal entities at our sole discretion.
3. Your Representations, Warranties and Undertakings
You represent, warrant and undertake that:
4. Third Party E-commerce Sites, Third Party Content and User Content
When you click “to buy” or “buy now” button on our Shop page, you will be leaving TCL Home and be re-directed to Third Party E-commerce Sites, may be subject to additional terms of sales (including terms of sales or other contractual terms of the relevant services) imposed by the relevant third parties. Your access to or purchase on a Third Party E-Commerce Site creates a direct relationship between you and the relevant third party. We are not a party to (and will not be liable whatsoever to either you or such third party in respect of) any disputes between you and such third party arising out of any such agreement or other arrangement between you and such third party. Any information you provide directly to a Third Party E-commerce Site will be subject to its privacy notice or similar terms, and to the extent such information will not be accessed and used by TCL, you will not be subject to our Privacy Policy with respect to such information.
When using TCL Home, you may view or access products, services, apps (third party apps embedded or integrated within TCL Home), websites, links, content, materials, information or advertisements provided or published by third parties that are not under the control of or maintained by TCL (“Third Party Content”). We are not responsible for the Third Party Content or the features of these services provided by third parties.
TCL Home may also display marketing and advertising materials to you as permitted by, and in accordance with, applicable laws.
Your access to some Third Party Content may require payment to a third party service and/or you having a valid and current user account with a third party service. The use by you of the Third Party Content (whether free or paid) creates a direct relationship between you and the relevant third party, and such use may be subject to additional terms of use imposed by such third party (including website terms of use or other contractual terms) imposed by the relevant third party. We are not a party to (and will not be liable whatsoever to either you or such third party in respect of) any disputes between you and such third party arising out of any such agreement or other arrangement between you and such third party. In addition, it is your responsibility to take precautions to ensure whatever you select for your use or download (if possible) of any third party content is free of such items such as viruses, worms, trojan horses, and other items of a destructive nature. Any information you provide directly to a third party for accessing Third Party Content will be subject to the privacy notice or any similar terms that the third party provides to you, and to the extent such information will not be accessed and used by TCL, you will not be subject to and may not rely upon our Privacy Policy with respect to such information. You should be aware when you leave TCL Home and visit a third party website or application. We recommend you read the terms and privacy policies of the third party websites and services that you visit.
We are responsible only for providing the TCL Home app software. All Third Party Content is independently made available to you directly from the servers of the relevant third parties. You acknowledge that all Third Party Content is provided by third parties, and TCL:
TCL may pre-screen, review, filter, modify, refuse, label, monitor or otherwise moderate any Third Party Content, or to remove or disable your access to it in our sole discretion for any reason. You acknowledge that there is a risk that you might be exposed to unlawful, intrusive, immoral or offensive content or content that is otherwise contrary to the standards and expectations of TCL. To the maximum extent permitted by law, TCL excludes all responsibility for any consequences resulting from your use of Third Party Content. However, (and without limiting anything else in these Terms), if you believe that any content that appears on TCL Home is unlawful or violates any third party intellectual property rights, please raise your concerns immediately with us at the email address: consumerdata@tcl.com.
You acknowledge that Third Party Content may be subject to the proprietary rights or intellectual property rights of third parties. You must not use, modify, lease, lend, sell, distribute or otherwise deal with all or any part of the Third Party Content without authorisation from the relevant rights owner and you agree that you will not create derivative works based on all or any part of Third Party Content.
You are entirely responsible for User Content and your use of such User Content.
5. Intellectual Property
For the purposes of these Terms, “Intellectual Property Rights” means rights such as copyrights, 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).
As between you and TCL, all Intellectual Property Rights in or relating to TCL Home (including information, communications, designs, logos, pictures, layouts, software, texts, graphics, links, sounds and any other form of contents t excluding any User Content), are owned by TCL.
TCL grants to you a limited, revocable, non-transferable, non-exclusive license to install and use the TCL Home application on any compatible mobile device that you own or control and in connection with your TCL TV.
You must not, and will not aid or assist any person to:
The TCL trademark, logo and any other trademarks, service marks, graphics, and logos used in connection with TCL Home are trademarks of TCL or its licensors. Other trademarks, service marks, graphics, and logos used in connection with Third Party Content may be the trademarks of their respective owners. You are granted no right or license to any trademarks, service marks, graphics, or logos that do not belong to you.
In the event of any violation of this Terms, TCL reserves the right to ask you to immediately stop or rectify the unlawful use, or, should the unlawful use and/or violation continue, TCL is entitled to respond and to take any lawful measures that it considers necessary (including suspending, restricting or terminating your access to TCL Home).
With respect to all information, content or comments you publish on TCL Home, you warrant that you are the right holder or have obtained legal authorisation on the content, and that your publications will not infringe the legitimate rights or interests of any third parties. You grant to us a non-exclusive, worldwide, royalty-free, perpetual and irrevocable licence to use, reproduce and translate into any languages, disclose to third parties and publish any content or information belonging to you that you provide to us or that we collect from you, to the extent necessary to provide TCL Home to you and others, and from time to time to improve our products and services. In the event that any third parties raises any objections 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 loss thus caused to us or any third party.
6. Data Protection and Privacy
Your personal information will be collected, stored and processed in accordance with our Privacy Policy and applicable laws. Please ensure that you read our Privacy Policy by visiting https://www.tcl.com/us/en/home-app-privacy-policy to learn about what personal information we collect, how we handle it and for what purposes we use it.
Without limiting clause 6.1, we may collect information about your use of TCL Home to help us analyse and improve our products and services. We will do so in accordance with our Privacy Policy and applicable laws.
7. Disclaimer
To the full extent permissible by applicable law, TCL, its partners, suppliers, and affiliates:
You acknowledge and agree that TCL Home is provided to you on an “as is, as available” basis.
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 liabilities or responsibilities 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 using TCL Home that arise in connection with events out of our control, including under the following circumstances:
8. Limitation of Liability
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 breaches of the obligations implied by applicable consumer protection laws.
Subject to clause 8.1, in the event that we incur any liability in connection with these Terms and the operation of TCL Home and such liability is not otherwise limited or excluded by these Terms, our liability will be limited to reasonably foreseeable damages.
Subject to clause 8.1, our overall and aggregate liability to you in connection with your use of TCL Home will be limited to (where relevant) US$10.00 or an equivalent sum in the currency of the country in which you are based.
Subject to clause 8.1, 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.
Subject to clause 8.1, TCL excludes all liabilities for indirect loss, consequential loss, loss of income, revenue, business or profits, or any losses of data or corruption of data in connection with your use of TCL Home. In addition, you acknowledge that TCL Home 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.
Without limiting clause 8.4, 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 claims arising out of your breach. You will also be liable for any actions 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.
We are not liable to you for:
9. Term and Termination of Services
These Terms shall be valid and in effect as from the date they are deemed accepted by you and shall remain in force for an open-ended term. You understand and agree that we have the right to terminate all or any part of the TCL Home services 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 termination of TCL Home according to applicable laws, including by general notice on our websites and platforms. We recommend you to pay close attention to our websites and platforms for any notices, promptly backup your information and messages held or accessed via your TCL account and retrieve anything belonging to you held or accessed via your TCL account when necessary. We will not be liable to you to the extent that you failed to take necessary measures to protect your information and properties held or accessed via your TCL account. We will not provide compensation or indemnify you, including, without limitation, on account of loss of profits or goodwill and no indemnity will be owed, either, on account of costs incurred with publicity and/or investments or any other costs, by reason of the termination of these Terms or any TCL Home services.
We may terminate or suspend these Terms (at our sole discretion) in the following circumstances (without liability whatsoever to you):
Unless otherwise specified in these Terms, termination will not affect rights, obligations and liabilities accrued before the date of termination.
10. Governing Law and Jurisdiction
These Terms are governed by, and construed in accordance with, the laws of the State of California without regard to its conflict of laws principles.
The United Nations Convention on the International Sale of Goods is specifically excluded from application to these Terms.
To the extent permitted by applicable law, in the event of a dispute arising out of or in connection with your use of TCL Home, 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 thirty (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 federal or state court of competent jurisdiction in Riverside County, California, as the exclusive dispute resolution venue, unless applicable mandatory consumer protection laws in your jurisdiction prohibits from conferring such jurisdiction, in which case the court of your then-legally recognized place of residence will apply to such disputes related to these Terms. A party may file a complaint at any time to seek a preliminary injunction or other provisional judicial relief, if in its sole but reasonable judgment such action is necessary to protect that party’s interests.
If you are a citizen of any European Union member states, after prior written request to TCL, you may also submit any claims on the dispute resolution platform by the European Commission at the following address: https://ec.europa.eu/info/live-work-travel-eu/consumers/resolve-your-consumer-complaint_en. The European Commission will transfer your claim to the notified competent national mediators.
We have subsidiaries and affiliates legal entities around the world who may be providing services to you on our behalf or in their own rights. You agree that such affiliates are entitled to provide services to you under the same provisions of these Terms without the need of entering into separate agreements with you.
11. Language
Any translation of these Terms is done for local requirements or convenience and in the event of a dispute between the English and any non-English versions, the English version of these Terms shall govern, to the extent not prohibited by local law in your jurisdiction.
12. Miscellaneous
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 valid provisions that best embodies the intention of these Terms, so that these shall remain in full force and effect.
These Terms constitute the entire agreement between you and TCL with regard to your use of TCL Home, 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.
TCL reserves the right to modify these Terms at any time. When we do so, we will update the Effective Date above. In the event of material changes to these Terms, we will notify you via email at the email address we have on file for you and via prominent postings on our websites. If you do not agree with such modified Terms, you must cease using TCL Home.
If you are located in Germany or Brazil: We will inform you of such changes by email and provide you with a period of two months to object against the changed Terms in writing or by email. You are deemed to have accepted any changes if you do not explicitly object within the period of two months. We will inform you with the information together with the changes about the consequences of not objecting in writing during the period as per the preceding sentence. Changes to these Terms will apply from the time specified in the information about the changes. In case this is not communicated, any changes will apply from the point of information about the changes and the lapse of the period of two months without you objecting to the changes. If you object to the changes, you will be deemed as to terminate these Terms.