Terms and Conditions for the Xiaomi 14T Pro and Xiaomi 14T Pre-Payment Activity
1. ORGANIZER AND ACTIVITY
These general terms and conditions (hereinafter "T&C") govern the conditions of participation in the Xiaomi 14T Pro and Xiaomi 14T Pre-payment Activity promotional activity (the "Activity"), organized by XIAOMI TECHNOLOGIES MALAYSIA SDN. BHD. a company with its business address at Suite 21-2, Level 21, UOA Corporate Tower, Level 21, Avenue 10, The Vertical, Bangsar South City, No. 8, Jalan Kerinchi, 59200 Kuala Lumpur (hereinafter referred to as the "Organizer" or “Xiaomi”). The purpose of this Activity is to enhance the visibility and to improve the sale of the Organizer’s products in the Territory.
The Activity will be available on the local website which can be accessed via www.mi.com/my (hereinafter the “Site”) and our local Mi store mobile Application (hereinafter, the “Mi Store App”). If you have any questions about this Activity, kindly contact us via email address at service.my@support.mi.com
2. ACCEPTANCE OF T&C AND THIRD PARTY TERMS AND CONDITIONS
2.1 Users' express consent
By participating in this Activity, Users hereby agree to: (i) these T&C, (ii) Organizer's Terms of Use (https://www.mi.com/my/support/terms/terms-of-use) and (iii) Privacy Policy (http://www.mi.com/my/about/privacy), which can be accessed and view via the Site.
The Organizer reserves the rights to modify and/or cancel any of the stated terms and conditions at any time without notice. Users are encouraged to check from time to time to view any amendments and/or changes made to the stated T&C.
In addition, the Organizer reserves the right to exclude from the Activity any User who, in its opinion, has participated improperly or any User who defrauds, disrupts or disables the smooth and normal and lawful running and operation of this Activity, including those who are proven or suspected to have acted improperly in the manner described above.
2.2 Third Party Disclaimer and Applicable Terms of Use and Privacy Policies
Users fully understand and acknowledge that social media or platforms owned by third parties - including but not limited to X, Instagram, Facebook - that may be used in connection with the Activity; do not sponsor, endorse or administer this Activity in any way and should not be associated with this Activity. In addition, Users hereby acknowledge and agree that third party terms of use/service/sales and privacy policies - which shall include the Organizer's business partners, i.e. the e-commerce platforms designated herein - may apply in addition to these T&C.
3. TERRITORY
The Promotion is only valid in Malaysia, via mi.com/my and our Mi Store App.
4. USERS
This Activity is open to all individuals who are residents in Malaysia, and aged 18 years old and above as of 18:00 (GMT+8) on 19 September 2024 and must have an active Mi Account (the "User(s)"). Participation of this Activity is voluntary and free of charge, with the exception of internet charges. Inaccurate or erroneous data will not be accepted in the Activity. Users must be able to prove, at the Organizer's request and within a reasonable period of time, that they are eligible to participate in the Activity prior to participation and/or at any time during the duration of the Activity. Otherwise, the Organizer may disqualify Users at any time. If Users are discovered to be using or have used improper means to participate in this Activity, Organizer reserves the right to cancel the eligibility without notice including without hesitation, the commencement of legal proceedings under full extent of applicable laws.
5. TERM
This Activity starts from 18:00 (GMT+8) on 19 September 2024, and ends at 15:00 (GMT+8) on 27 September 2024.
6. MECHANISM OF THE ACTIVITY
Users can access and participate in this Activity through the Site (www.mi.com/my) and/or the Mi Store App. This Activity will be separated into two stages as further described below:
6.1.1 First stage: Pre-payment stage for Xiaomi 14T Pro and/or Xiaomi 14T (“Pre-payment Stage”)
The Pre-payment Stage will start from 18:00 (GMT+8) on 19 September 2024 to15:00 (GMT+8) on 27 September 2024. During this Pre-payment Stage, Users who are interested in purchasing the Xiaomi 14T Pro and/or Xiaomi 14T (“Product(s)”) shall prepay an amount of RM100.00 for each Product. In order to be eligible in this Activity, the prepayment must be made through the Users’ personal Mi Account and the prepayment must be made within two (2) hours after the Product order request. Please note that Users may not use any existing or new discount coupons for the prepayment during this Pre-payment Stage.
Please note that the User's right of withdrawal from this Activity in accordance with the regulations in force remains unaffected. Users who do not wish to continue the Activity during this Pre-payment Stage after prepayment may request a refund at any time. The refund will be made to the same bank account with which the prepayment was made within fourteen (14) days.
For more information on our refund policy, please consult the following link: [https://www.mi.com/my/support/terms/terms-of-use].
6.1.2 Second Stage: The payment of the outstanding amount (“Order Stage”)
The Order Stage will start from 18:00 (GMT+8) on 27 September 2024 to 23:59 (GMT+8) on 11 October 2024. Users who have completed the Pre-payment Stage above by successfully making the relevant prepayment within the relevant period may proceed to finalize the purchase of the Product by paying the outstanding amount (which shall be equal to the cost of the Product minus the applicable discount and the prepaid amount in the first stage) starting from 18:00 (GMT+8) on 27 September 2024 onwards.
During this Order Stage, Users may use existing Xiaomi discount coupons to (partially) pay the outstanding amount, provided that such coupons are not subject to specific restrictions.
Users who do not wish to continue this Activity during the Order Stage after making the pre-payment may request a refund at any time (provided that full payment and/or outstanding payment for the Product has not yet been made). This does not affect the right of withdrawal in accordance with applicable law. The refund will be made to the same bank account with which the Users have made the pre-payment, within fourteen (14) days after the end of the Order Stage.
Users who have prepaid but have failed or refused to proceed with the final purchase of the Product during the Order Stage will have their order automatically cancelled forty-eight (48) hours after the end of the Order Stage. Users will receive a refund of their prepayment within fourteen (14) days to the same bank account with which the Users made the prepayment.
Users who have proceeded to order the Product and pay the remaining amount will be subject to the usual refund policy for returns during the fourteen (14) day withdrawal period.
For more information on our refund policy, please refer to the following link: [https://www.mi.com/my/support/terms/terms-of-use]
6.1.3. Products subject to this Activity are as follows:
Xiaomi 14T Pro
• Pre-payment amount: RM100.00.
• Pre-payment bonus: Additional RM200.00 discount
Xiaomi 14T
• Pre-payment amount: RM100.00.
• Pre-payment bonus: Additional RM200.00 discount
6.1.4 Please note that the Products available under this Activity is offered in limited quantity and will be delivered on a first-come, first-served basis while stocks last. Once the Products are out of stock, it will not be possible to purchase them under these T&C and a sign will indicate that the Products are out of stock. In this scenario, Users will not be able to prepay for any of the Products during the Pre-payment Stage.
7. LIABILITY AND REPRESENTATION
7.1 ORGANIZER REPRESENTATION
7.1.1 Unless otherwise expressly stated in this T&C, Organizer and its affiliated or third-party promoters provide the Activity on best effort basis only and exclude all warranties and conditions of any kind whether expressly or implied. In particular but without limitation, Organizer and its affiliated or third-party promoters do not warrant or represent that:
• The Activity is fit for any purpose or meet Users’ requirements or is provided without any errors or deficiencies or that the Activity in compliance with any quality levels, as the case may be;
• The Activity is available to User at any time and provided to User without disruption, interruption or delay;
• Any information (whether oral or written) obtained by User from Organizer or as a result of Users taking part in the Activity (including any materials or products) will be suitable, accurate, complete, or reliable; and
• That any deficiencies in the Activity, including any defects in performance, operation or functionality of the Activity will be fixed, corrected or otherwise remedied.
7.2 ORGANIZER LIABILITY
7.2.1 Organizer is not liable to User, regardless of the legal grounds, in particular whether in contract, tort (including negligence) or any theory of liability, in or out of the connection with the participation in the Activity for:
• Any indirect, incidental, special or consequential damages;
• Any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect);
• Any damage to and/or corruption or loss of data (whether direct or indirect);
• Any changes, modifications, extensions or limitations (including any suspension of Users) in the Activity; or
• Access to Users account and account data or Users registration data) taking part of the Activity, or any permanent or temporary cessation in the terms or conditions of the Activity (or any part of them).
7.2.2 In the event that Organizer is liable for a breach of these terms, Organizer liability shall be limited to damages which Organizer must typically expect at the time of the conclusion of these terms due to the circumstances known at the time. Notwithstanding the above, such damages shall not be higher than RM100.00.
7.2.3 If the laws do not allow the exclusion of certain warranties, terms or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages, only the limitations which are lawful in that jurisdiction will apply to the Users and Organizer’s liability and warranty will be limited to the maximum extent permitted by applicable law.
7.2.4 Further, the User agrees to discharge and release Organizer and/or Xiaomi and/or any third party which is related to this Activity from any liabilities and claims (including from breach of contract, tort, negligence or any other cause of actions at law or equity) arising out of or in any way connected to this Activity.
7.3 USERS LIABILITY
User is entirely responsible for any breach of the obligations under:
• These T&C; and
• Any applicable law or regulation in the relevant jurisdictions, including the jurisdiction where User resides or from where User is participating in the Activity.
For the consequences of any such breach, including any loss or damage which Organizer or any third-party may incur or suffer. Organizer will have no responsibility to User or to any third party in respect of such breach.
8. PERSONAL DATA
8.1 By providing the Users’ personal data, Users indicates that he/she have read, understood and agreed to be bound by the Privacy Policy stated at https://www.mi.com/my/about/privacy. The Users agrees that Organizer and/or Xiaomi and/or its agent and/or its third-party service providers may contact them by telephone, email or such other method in connection with this Activity.
8.2 Users agrees and provides consent to the Organizer and/or Xiaomi to the use of any Personal Data as provided by the Users for the purpose of participation in this Activity in line with the Personal Data Protection Act 2010, to the extent that any personal data provided shall only be processed and be used by Organizer and/or Xiaomi for lawful purpose directly related to the running of this Activity including but not limited to the purposes of promotional events, advertising, marketing and any administrative matters to facilitate the management and organizing of this Activity.
9. LEGISLATION AND APPLICABLE JURISDICTION
Participation in this Activity will be governed by these T&C, which will be interpreted and applied in accordance with the laws of Malaysia. and the parties hereby submit to the exclusive jurisdiction of the courts of Malaysia.