OnePlus Store Mobile Application Terms of Use
I. Acceptance of the Terms of Use
1.1 These OnePlus Store Mobile Application Terms of Use, together with any documents they expressly incorporate by reference and/or make available via a hyperlink herein (collectively, the “Terms of Use”), are entered into by and between Reflection Investment B.V., with its registered office at Hofplein 20, 3032AC Rotterdam, the Netherlands, and its licensors and affiliates (referred to herein as “OnePlus,” “we,” or “us”), and user(s) (referred to herein as “you” and “your”) of the OnePlus Store app, including all related documentation and any content, features, functionalities, and services offered on or through OnePlus Store (collectively, the “Application” or the “App”). The Terms of Use govern your access to and use of the App.
1.2 Please read the Terms of Use carefully before you start to use the App. By DOWNLOADING/INSTALLING or using the APP, AND/OR by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and to abide by these Terms of Use and our PRIVACY POLICY, incorporated herein by reference. If you do not want to agree to these Terms of Use or the PRIVACY POLICY, you must not download/install or use the app AND MUST IMMEDIATELY DISCONTINUE ANY AND ALL USE OF THE APP.
1.3 This App is offered and available to users who have reached the age of majority where they live and have legal capacity to enter into a legal agreement. By using this App, you represent and warrant that you meet the foregoing eligibility requirements. Otherwise, you must not download/install or use the App.
II. Changes to the Terms of Use; Changes to the App; Updates
2.1 To the extent permitted by applicable law, (i) we may revise and update these Terms of Use from time to time to accurately reflect the functionality of the App and our services and/or to comply with the law; (ii) all changes are effective immediately when we post them, and apply to all access to and use of the App thereafter; and (iii) for existing user, we will try to give you reasonable notice of any major changes. If you do not agree with such changes, you must immediately cease your use of the App.
2.2 OnePlus may from time to time develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionalities. Based on your mobile device settings, when your mobile device is connected to the Internet either: (i) the Application will automatically download and install all available Updates; or (ii) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of these Terms of Use.
2.3 We may update the content on this App from time to time, but its content is not necessarily complete, up-to-date, or error-free (including content related to product or service availability, specifications, features, or prices).
III. Accessing the App, Accounts, and Security
3.1 Certain features or services offered on or through the App may require you to open an account (including setting up a OnePlus ID and password). You may access the App and experience our products and services without the need to register a OnePlus account, but you can enjoy more services and experiences by registering for a OnePlus account. For example, you can receive the latest information on OnePlus, participate in OnePlus activities, upload your personal photos, share comments and feedback, and purchase OnePlus goods through your OnePlus account. Moreover, all OnePlus account holders will become members of Red Cable Club and may thereby qualify for privileges and rewards.
3.2 To register your OnePlus account (and as a condition to downloading, installing, or using certain other App features, functionalities, and services), you will be asked to provide certain registration details or other information. It is a condition of your use of the App that all the information you so provide is accurate, current, legal, and belongs solely to you. You agree that all information you provide to register a OnePlus account (or through the use of any interactive features on the App) is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If any of the above information changes after you have registered for your OnePlus account, you will be responsible for logging into your OnePlus account to update your information in a timely manner.
3.3 You agree that when you use your OnePlus account to receive services provided by OnePlus, OnePlus or any of OnePlus’s third-party partners is permitted to send any commercial or non-commercial information to the contact details you have provided or directly through the OnePlus account in a manner consistent with applicable law.
3.4 You must safeguard your OnePlus account details, OnePlus ID, and password. You must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the App or portions of it using your OnePlus ID, password, or other security information. You are entirely responsible for any and all activity that occurs under your account as a result of your failing to comply with the foregoing. You agree to notify us immediately of any unauthorized access to or use of your OnePlus ID or password, or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account in public so that others are not able to view or record your password or other personal information. You may be held liable for losses incurred by OnePlus or any other user of or visitor to the App or to www.oneplus.com (the “Site”) due to someone else using your OnePlus ID, password, or account as a result of your failing to keep your account information secure and confidential.
3.5 You only have the right to use the OnePlus account registered in your own name, and you may not use anyone else’s OnePlus ID, password, or account at any time without the express permission and consent of the holder of that OnePlus ID, password, or account. OnePlus cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
3.6 We reserve the right to do any of the following, at any time and with a good cause: (i) to modify, suspend, or terminate operation of or access to the App, or any portion of the App; (ii) to modify or change the App, or any portion of the App, and any applicable policies or terms; (iii) to interrupt the operation of the App, or any portion of the App, as necessary to perform routine or non-routine maintenance, error correction, or other changes; and (iv) to restrict access to some parts of the App, or the entire App, to registered OnePlus account holders.
3.7 You are responsible for both: (i) making all arrangements necessary for you to have access to the App; and (ii) ensuring that all persons who access the App through your mobile device are aware of these Terms of Use and comply with them.
3.8 We have the right to disable any OnePlus ID, password, or other identifier, whether chosen by you or provided by us, if you have violated any provision of these Terms of Use.
IV. Intellectual Property Rights
4.1 Subject to these Terms of Use, OnePlus grants you a personal, non-exclusive, nontransferable, limited license to: (i) download, install, and use the App for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the App’s documentation; and (ii) access, stream, download, and use on such Mobile Device the features, Content (as defined below), functionalities, and services made available in or otherwise accessible through the App strictly in accordance with these Terms of Use. You acknowledge that the App is licensed, not sold, to you.
4.2 All intellectual property rights in and to the App and its entire contents, features, and functionality (including but not limited to all information, software, text, graphics, trademarks, logos, displays, images, artwork, computer code, video, and audio (collectively, “Content”), and the design, structure, selection, arrangement, and expression of such Content) are owned by OnePlus, its licensors, or other providers of such material and are protected by the national and international copyright, trademark, patent, trade secret, trade dress, and other intellectual property rights and unfair competition laws.
4.3 These Terms of Use permit you to use the App for your personal, non-commercial use only. You must not access or use for any commercial purposes any part of the App or any features, services, or materials available through the App. Except as expressly provided in these Terms of Use, you must not copy, reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, post, download, store, or transmit any Content. You may use information relating to OnePlus products and services purposely made available by OnePlus through the App and/or Site, provided that: (i) any copy thereof that you print or download is for your own personal, non-commercial use and not for further reproduction, publication, or distribution; (ii) you do not modify copies of any materials from the App and/or Site; and (iii) you do not delete or alter any copyright, trademark, or other proprietary rights notices from copies of such materials.
4.4 If you register for a OnePlus account, join Red Cable Club, or utilize other features offered through the App, you may take such actions as are enabled by such features, subject to these Terms of Use, OnePlus’s Community Terms of Service and Rules, and other applicable terms and conditions.
4.5 If you copy, modify, download, or otherwise use or provide any other person with access to any part of the App in breach of the Terms of Use, your right to use the App will stop immediately and you must, at our option, delete the App from your Mobile Device and return or destroy any copies of materials you have made. No right, title, or interest in or to the App or any Content on the App is transferred to you, and all rights not expressly granted are reserved by OnePlus. Any use of the App not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
4.6 OnePlus’s name and logo, and all related names, logos, product and service names, designs, and slogans, are trademarks of OnePlus or its affiliates or licensors. You must not use such marks without the prior written permission of OnePlus. All other names, logos, product and service names, designs, and slogans on the App are the trademarks of their respective owners.
V. Intellectual Property Infringement
If you believe that any User Content (as defined in Article VII below) violates your intellectual property, please see our Intellectual Property Policy for instructions on sending us a notice of copyright infringement in accordance with applicable law. It is the policy of OnePlus to terminate the user accounts of repeat infringers.
VI. Prohibited Uses
6.1 You may use the App only for lawful purposes and in accordance with these Terms of Use. You agree not to use the App:
• In any way that violates these Terms of Use or any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the EU or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set forth in Article IX, below, of these Terms of Use.
• To impersonate or attempt to impersonate OnePlus, a OnePlus employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the App or Site, or which may harm OnePlus or users of the App or Site, or expose them to liability.
• In any manner that could disable, overburden, damage, or impair the App or interfere with any other party’s use of the App, including their ability to engage in real-time activities through the App.
• To attempt to obtain or harvest any information or data through any means not purposely made available through the App.
• To infringe our intellectual property rights or the rights of anyone else, or to solicit the performance of any illegal activity or other activity which infringes the rights of OnePlus or others.
6.2 In addition to the foregoing restrictions on your use of the App, you also agree not to:
• Copy the App, except as expressly permitted by these Terms of Use, or use any (i) robot, spider, or other automatic device, process, algorithm, or means to access the App for any purpose, including monitoring or copying any of the Content on the App; or (ii) manual process to monitor or copy any of the Content on the App, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the App, any transaction being conducted using the App, or any other person’s use of the App.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attack the App via a denial-of-service attack or a distributed denial-of-service attack.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App or any server, device, computer, database, system, or network connected to the App, by hacking, password mining, or any other illegitimate means.
• Attempt to remove, disable, circumvent, probe, scan, implement any workaround to, or test the vulnerability of any copy protection, rights management, or security features in or protecting the App or any network connected to the App, or otherwise breach the security or authentication measures on the App or any network connected to the App.
• Attempt to reverse look-up, trace, or seek to trace any information on any other user of or visitor to the App or Site, or any other customer of OnePlus, including any OnePlus account not owned by you, to its source, or exploit the App or Site or any service or information made available or offered by or through the App or Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the App or Site.
• Modify, translate, adapt, reverse engineer, decompile, disassemble, decode, or otherwise make any attempts to discover the source code or algorithms of the App, or create any derivative works or improvements, whether or not patentable, based on the App.
• Circumvent the App’s navigational structure, or otherwise attempt to interfere with the proper working of the App in any way.
• Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App, including any copy thereof.
• Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any features, Content, or functionalities of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time.
VII. User Content
7.1 The App may contain interactive features that allow users to post reviews or to (e.g., using their OnePlus account while using OnePlus services) upload, post, submit, publish, display, create, transmit, or otherwise provide to other users or other persons words, documents, pictures, music, videos, software, media files, and other information, content, or materials (collectively, “User Content”) on or through the App and/or Site.
7.2 All User Content must comply with the Content Standards set out in Article IX, below, of these Terms of Use.
7.3 When you share User Content, you continue to own the intellectual property rights thereto and you are free to share it with anyone else wherever you want. However, any such User Content will be considered non-confidential and non-proprietary. By so sharing any User Content that is protected as intellectual property, you grant to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, a non-exclusive, unlimited, worldwide, royalty-free, and sublicensable right to use, copy, reproduce, modify, perform, display, distribute, translate, publish, and otherwise disclose to third parties any such material in connection with the functionalities or services of the App or Site. You may end such license any time by deleting your User Content or account. To the extent permitted by law, you also waive any and all moral rights, including without limitation any right to identification of authorship or limitation on subsequent modification, that you may have in any such User Content.
7.4 You represent and warrant that: (i) you own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; (ii) all of your User Content does and will comply with these Terms of Use; (iii) such User Content will not infringe upon the lawful rights and interests of any third party; and (iv) the user content will comply WITH and conform to any age classification rules and requirements (including accurate and adequate classification and rating of any user content, as the case may be) under applicable law. If any third party raises a lawful and reasonable objection to your User Content, OnePlus reserves the right to delete relevant information based on the circumstances, and to take appropriate legal action to hold you accountable.
7.5 You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not OnePlus, have full responsibility for any consequences arising in connection with that user content and its legality, reliability, accuracy, and appropriateness (including any loss or damage suffered or incurred by us or other users). We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the App. We are not responsible if any of your User Content or other data is lost, and you should keep local copies or make backups of such User Content and other data in case of any such loss.
VIII. Monitoring and Enforcement; Termination
8.1 OnePlus, in its sole discretion and without prior notice, may: (i) remove or refuse to post any User Content for a good cause; (ii) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the App; or (iii) suspend or terminate your access to all or part of the App (including the use of any OnePlus account) for any violation of these Terms of Use or for any other good cause.
8.2 OnePlus may also take any other action with respect to any User Content that we deem necessary or appropriate, including if such User Content (intentionally or unintentionally) violates the Terms of Use (including the Content Standards set forth in Article IX below), infringes any intellectual property right or other right of OnePlus or any other person or entity, threatens the personal safety of users of the App or Site or of the public, or could create liability for OnePlus. OnePlus also may disclose your identity or other information (including any transmittal or communication by you through the App or any service offered on or through the App) about you if (subject to applicable law and our Privacy Policy) such disclosure is necessary: (i) to enforce our legal rights under these Terms of Use and to protect the security and integrity of the App; or (ii) in connection with any claim by OnePlus or a third party that material posted by you violates their rights, including their intellectual property rights or their right to privacy (including exchanging information with other companies and organizations for fraud protection purposes).
8.3 Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials through the App.
8.4 We do not, however, undertake to review all material before it is posted by App users, and cannot ensure prompt removal of objectionable material after it has been posted. Nonetheless, OnePlus will deal with the said objectionable material as soon as practicable/possible upon discovery.
8.5 You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to OnePlus, for which monetary damages would be inadequate, and you consent to OnePlus obtaining any injunctive or equitable relief that OnePlus deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies OnePlus may have at law or in equity. You agree that OnePlus will not be liable to you or to any third party for termination of your access to the App as a result of any violation of these Terms of Use.
IX. Content Standards
9.1 The following content standards (“Content Standards”) apply to any and all User Content and use of the App’s interactive features (e.g., OnePlus accounts). User Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations.
9.2 Without limiting the foregoing, User Content must not: (i) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (ii) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (iii) infringe any patent, trademark, trade secret, copyright, moral rights, or other intellectual property or other rights of any other person; (iv) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy; (v) be likely to deceive any person; (vi) promote any illegal activity, or advocate, promote, or assist any unlawful act; (vii) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person; (viii) impersonate any person, or misrepresent your identity or affiliation with any person or organization; (ix) involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or (x) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
X. Privacy
All personal and non-personal information we collect, store, dispose of, share, and use on or through the App (or in the course of your use of your OnePlus account) is subject to our Privacy Policy. By using the App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
XI. Online Purchases and Other Terms and Conditions
11.1 All purchases through the App, or other transactions for the sale of goods or services formed through the App, are governed by our Terms of Sale. If you wish to purchase products or services described on the App, you will be asked to supply certain information applicable to your purchase, including credit card and shipping information. You may be able to store your information with your OnePlus account, which allows you to make future purchases without re-entering information.
11.2 Additional terms and conditions may also apply to specific portions, services, or features of the App (such as contests, promotions, registering a OnePlus account, or other similar features), including, without limitation, OnePlus’s Privacy Policy and Intellectual Property Policy.
XII. Social Media and Links to Other Sites
12.1 This App may provide certain social media features. You may use these features solely in accordance with any additional terms and conditions we provide with respect to such features. We welcome you to share User Content and information about our products and services through social media. When you use social media (including social media features contained in or accessed through the App) to post a review (or other User Content) or to share Content from the App, you grant us the right to reproduce and publish your social media posting and to use the username or social media handle that you used when sharing the Content or User Content. You are responsible for complying with the terms and conditions of social media platforms.
12.2 Any website from which you are linking, or on which you make certain Content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time for business, operational or legal reasons. Subject to the foregoing, you must not otherwise take any action with respect to the materials on this App that is inconsistent with any other provision of these Terms of Use.
12.3 If the App contains links to independent, third-party sites for purposes of connecting you with useful resources provided by such third parties (e.g., financing options, mobile service, phone insurance, etc.), these links are provided for your convenience only. We do not endorse and have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any such third-party websites linked to the App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
XIII. Geographic Restrictions
We provide this App for use only by persons located in limited countries in Europe where we operate business ("Operating Countries”). We make no claims that the App or any of its features, Content, functionalities, or services are accessible or appropriate outside of the Operating Countries. Claims about our features, products, or services are limited to the Operating Countries and the App is solely intended to promote features, products, and services that are provided in the Operating Countries. Moreover, such features, products, or services may come in different versions due to differences among Operating Countries with respect to legal regulations, user preferences, telecommunications service providers, and other variables. Access to the App may not be legal by certain persons or in certain countries. If you access the App from outside the Operating Countries, you do so on your own initiative and are responsible for compliance with local laws.
XIV. Disclaimer of Warranties
14.1 Given the special nature of Internet services, you understand and agree that under none of the following circumstances shall OnePlus be held liable for your losses (including but not limited to property loss, earning loss, loss of data, loss of goodwill, or other intangible losses):
• If OnePlus’s or Google Play’s system fails and cannot normally operate due to an event of force majeure, including but not limited to strikes, labor disputes, civil disturbances, riot, rebellion, invasion, epidemic, hostilities, coup, war, terrorist attack, embargo, natural disasters, acts of God, flood, fire, sabotage, and fluctuations or non-availability of electrical power.
• If the services provided by any server, platform, database, system, or network connected to the App are suspended or delayed due to hacker attack, computer virus, Trojan horse, and/or any other such malicious programs or acts.
• If the services provided by any server, platform, database, system, or network connected to the App are suspended or delayed due to technical adjustments, malfunctions, or system maintenance (or any other network, technology, communication line, or information security management measures or issues) on the part of third-party telecommunication departments and network operators.
• If the services provided by any server, platform, database, system, or network connected to the App are delayed, suspended, or terminated due to governmental control, the change of laws and regulations, or order and ruling of judicial authorities, administrative organs, and other departments.
• If you suffer losses due to your use of your OnePlus account or the App in violation of relevant provisions, or you use your account or the App improperly.
14.2 To the maximum extent permitted by applicable law, you understand that we cannot and do not guarantee, warrant, or make any condition that files available for downloading from the Internet or the App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the App for any reconstruction of any lost data. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR MOBILE DEVICE, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP, ANY FEATURE OF THE APP, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP, OR DUE TO YOUR DOWNLOADING OF ANY MATERIAL FROM THE APP OR FROM ANY WEBSITE LINKED TO IT.
XV. Limitation of Liability
15.1 Nothing in these terms shall exclude our liability for anything which cannot be excluded under law, for example:
• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation; or
• any deliberate breaches by us of these Terms of Use that would entitle you to terminate the contract.
15.2 SUBJECT TO SECTION 15.1 ABOVE, WE ARE RESPONSIBLE FOR LOSS OR DAMAGE YOU SUFFER THAT IS A FORESEEABLE RESULT OF OUR BREACHING THESE TERMS OF USE, OR OUR FAILING TO USE REASONABLE CARE AND SKILL. WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT IS NOT FORESEEABLE.
15.3 WE ONLY SUPPLY THE APP FOR DOMESTIC AND PRIVATE USE AND ARE THEREFORE NOT LIABLE FOR BUSINESS LOSSES (FOR EXAMPLE, LOSS OF REVENUE OR INCOME; LOSS OF BUSINESS; LOSS OF PROFITS; LOSS OF BUSINESS OPPORTUNITY; AND/OR BUSINESS INTERRUPTION).
XVI. Indemnification
You agree to defend, indemnify, and hold harmless OnePlus, its affiliates, licensors, and service providers, and its and their respective officers, directors, shareholders, employees, contractors, agents, licensors, suppliers, predecessors, successors, and assigns, from and against any third-party claims, actions, demands, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (i) your violation of these Terms of Use; (ii) your use of the App, including, but not limited to, your User Content, any use of the App’s features, Content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained through the App; or (iii) any violation of any laws or regulations or the rights of any third party by you.
XVII. Governing Law; Jurisdiction; Limitation on Time to File Claims
17.1 To the fullest extent permitted by applicable law, all matters arising out of or relating to the App and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), are governed by and construed in accordance with Dutch law. Nothing in these Terms of Use affects the rights of the consumer to rely on the mandatory local law.
17.2 You agree to submit to the non-exclusive jurisdiction of the courts of Rotterdam to resolve any disputes that may arise. If you are a consumer, you may also enforce your consumer protection rights according to the applicable local law.
17.3 If you reside in the EU, the European Commission's Online Dispute Resolution Platform has been introduced to help consumers who have purchased goods or services online, but then suffer a problem with that purchase. The platform can be found here: http://ec.europa.eu/consumers/odr.
XVIII. Miscellaneous
18.1 No waiver by OnePlus of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of OnePlus to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
18.2 If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, such that the remaining provisions of these Terms of Use will continue in full force and effect.
18.3 These Terms of Use shall constitute the sole and entire agreement between you and OnePlus regarding the matters contained herein and supersede all prior and contemporaneous understandings, agreements, representations, warranties, and conditions, both written and oral, regarding such matters. As set forth in Article XI, above, depending on which of our products or services you use, additional terms may apply. You may also be subject to additional terms and conditions that govern your use of third-party services, content, or software.
18.4 These Terms of Use are for the sole benefit of the parties hereto and nothing herein, express or implied, is intended to or shall confer any rights or remedies on any third parties.
18.5 You may not voluntarily, or by operation of law, assign or otherwise transfer any of your rights or delegate any of your obligations under these Terms of Use without the prior written consent of OnePlus. No assignment or delegation relieves you of any of your obligations under these Terms of Use. OnePlus, however, may transfer its rights and obligations under these Terms of Use to another organization.
18.6 The App may be subject to the EU, UK or other national export control laws. You may not use or export or re-export the App, or any product or service offered on the App, in violation of any applicable export laws or regulations. You represent that you are not: (i) located in, or a resident or a national of, any country subject to such a government embargo or other restriction, or that has been designated by any government as a “terrorist supporting” country; or (ii) on any government list of restricted end users.
18.7 Any provisions within these Terms of Use that by their nature should continue to be in effect, shall survive the expiration or termination of these Terms of Use, and remain valid and binding, including but not limited to Articles IV, V, VI, VII, X, XIV, XV, XVI, and XVII.
18.8 The captions of sections of these Terms of Use are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction, or meaning of these Terms of Use. Any pronouns or references used herein shall be deemed to include the masculine, feminine, nonbinary, or neutral genders as appropriate. Any expression in the singular or the plural shall, if appropriate in the context, include both the singular and the plural. These Terms of Use shall be construed according to the fair meaning of their language and (to the extent legally permissible) the rule of construction, to the effect that ambiguities are to be resolved against the drafting party, will not be employed in interpreting these Terms of Use.
XIX. Information and Feedback
19.1 All notices of intellectual property infringement claims should be sent to the contact designated in our Intellectual Property Policy in the manner and by the means set out therein.
19.2 All other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to:
(1) Email address: support@oneplus.com;
(2) Street address: Hofplein 20, 3032AC Rotterdam, the Netherlands
19.3 If OnePlus needs to send any information to you, it will be sent via email, telephone, or to any address and other contact details you provided when you registered a OnePlus account, purchased OnePlus product(s), or published such information through the App. If the information is sent via electronic communication, it shall be deemed to be delivered on the date sent (with confirmation of transmission) if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient; if sent by a nationally recognized overnight courier (receipt requested), it will be deemed delivered when received by the addressee; and if sent by certified or registered mail, return receipt requested, postage prepaid, it will be deemed delivered on the third day after the date mailed.
Last updated on July 27, 2022
