(November 13, 2024)

Welcome to Xiaomi!

This User Agreement (the “Agreement”) is entered into between you (“You” or “User”, referring to all individuals or entities who register for, log in to, use or browse our Services as defined below) and Xiaomi Inc. and its affiliates (hereinafter referred to as “Xiaomi” or “we”), with respect to https://www.mi.com/au/(hereinafter referred to as “Site” ) and the products, programs and services of Xiaomi on the Site (hereinafter referred to as “Services”).

Please read this Agreement carefully and fully understand all of its sections, including but not limited to the terms of Disclaimer of Warranty and Rights, Limitations and Restrictions, and choose to accept or not to accept this Agreement (minors should read this Agreement accompanied by a legal guardian). Xiaomi may suspend or stop providing our Services to You if You do not comply with our terms or policies. By your registration, login, usage of the Services or other actions, You acknowledge that You have read and understood, and agree to accept and be bound by the terms and conditions of this Agreement.

By accepting this Agreement, You agree to accept all constraints, including accepting Xiaomi to reserve the right to modify the terms and conditions of this Agreement at any time, sometimes without additional notice to you. You can log in on our Site at any time to check the latest User Agreement.

Terms of Usage of Our Services

You may visit the Site without registration. However, you may need a Xiaomi Account (“Account”) which could imply providing relevant personal information on the registration webpage in order to access more Services. Your personal information will be treated as established in our privacy policy which you can check in the following link: [https://www.mi.com/au/about/privacy/]. You can delete or suspend your Account at any time under the instructions of the Site, and we will keep, suspend or delete your Account based on this Agreement.

You hereby commit and undertake the following:

• To use some of the Services, You may be required to register an Account. You shall take full responsibilities for the authenticity, legality, accuracy and validity of your registration information; You shall also be responsible for updating any changes in your registration information to keep it up to date; You shall not post any information in the name of others; you shall not use the Services or registered Accounts maliciously; otherwise, we reserve the right to suspend the Services and you shall fully bear all legal liability. We do not accept any responsibility or liability for any claims or losses arising from your actions, including from information you provided inaccurately or failed to update.

• You shall use the Site and Services in accordance with all applicable laws, and if you are at fault, you shall be liable for activities under your registered Accounts, including your statements and any loss or damage that may directly or indirectly arise from your statements (if applicable). You should estimate the risks of the User Content (as defined below under “User Content”) you post on the Site on your own and take all risks from it, including the risk that lies in the correctness, integrity or practicability of the User Content, if we provide such functions. Xiaomi will not be liable for any loss or damage that results from this behavior or activity.

• You have the obligation to take good care of the registration information on the Site and are responsible for all the activities You perform through the Site or in relation to the Services if you are at fault. You must immediately notify Xiaomi if you become aware of any illegal or unauthorized activities performed by others through the Site or in relation to the Services. Xiaomi will not be liable for damages or losses arising from a User’s non-compliance with any of the provision(s) above.

• All your statements posted on the Site are public information that any third party has access to. Any statement posted on the Site will be deemed as public information, and the Users should bear the legal liability for their actions. If You do not want any third party to have access to your statements, please do not post them on the Site.
  

You shall also understand and hereby acknowledge the following:

• The User accepts that in relation to business development, we may change, suspend, restrict, terminate or revoke your rights to our Services at any time, and we will provide You with prior notice where needed and feasible, in accordance with applicable laws.

• We may include advertisements on the Site and in our Services, which are permitted by applicable laws. You agree to the display of advertisements and other events from us or our related parties or cooperators while enjoying our Services.

• We have the right to suspend or delete, in line with applicable laws and this Agreement, any User Content that violates the laws in any jurisdiction or the terms of this Agreement; that infringes, prejudices, threatens any right or safety; or that impersonates others. We also retain the right to take proper legal actions, including but not limited to removing any illegal or infringing content, suspending the qualification of violators and saving relevant information and reporting to relevant authorities based on the applicable laws.

• We may provide Services needed to be used with other networks. If using these Services, you shall bear all the related communication fees or fees from any third-party service providers which provide access to other networks necessary to be used with the Services. We strongly advise you to contact the providers for related fees if there are value-added services involved in your activities.

  
  

User Content

User Content refers to all the content (information, pictures, music or others) resulting from uploads, releases or other User activities which are performed through the Site and in relation to receiving some of the Services that we may provide. You are solely responsible for such User Content and bear all risks that result from your disclosure of such User Content.

Once You engage in any uploads, releases or other activities which generate User Content through the Site and in relation to receiving the Services, to the full extent permitted by law, You therewith grant to Xiaomi an irrevocable, non-exclusive, sub-licensable, transferrable and royalty-free global license to:

• provide you with and improve Xiaomi products and services through our use of User Content,

• copy, publish or display the User Content, make derivative works thereof and/or incorporate it into other works, or use your User Content (except for your personal information) in other ways, and

• copy and provide the User Content only to a designated receiver.

• To the full extent permitted by law, you agree that you irrevocably waive any and all ownership and other legal rights to your User Content.

  
  

Rights, Limitations and Restrictions

You have the right to use the Site and your Account in compliance with all applicable laws and this Agreement.

You have the right to upload, download, install, and use our Services that we may provide on or via computer or mobile communication devices.

Xiaomi and its affiliates possess the ownership of the Account and You have the right to use the Account after You complete your registration. The rights to use the Account only belong to You, and You are not allowed to lend, lease, license, transfer, give away or sell the Account. Xiaomi has the right to retrieve any Account for operational needs.

You have the right to change and remove personal information, registered information, and any User Content posted. Please note that any related User Content might also be deleted automatically when You remove related information (e.g., comments to a post).

You are responsible for the safety of your Account information and password, and should bear legal liability for activities under registered Accounts to the full extent permitted by law. You agree not to use the passwords and Accounts of others under any circumstances. You agree to immediately notify Xiaomi once you suspect others using your password or Account.

You shall not sell, lease, transfer, release or make other commercial use of any content from the Site or Services (including but not limited to the content or the advertisements or sponsored content).

You shall not visit the Site or use Services to establish similar or competitive services.

Unless expressly prescribed by laws, you shall not copy, publish, download, change, translate, merge, decompose, paste or decompile etc. any part of the Site or Services (including but not limited to the content or the advertisements or sponsored content) in any manner.

While using the Site or Services you shall comply with applicable laws and not engage in any unlawful activities. You shall not use the Site or Services to engage in any behavior or activity stated below:

• Upload or release viruses, worms, or malware to damage or change computer system or data;

• Collect the information or data of other Users, such as email address, in an unlawful way;

• Disable network connection of the Site, cause the Site to overload with traffic (e.g., DoS attacks), interrupt or undermine the website server and connection in other ways;

• Attempt to visit the Site, our server or the Site connection without authorization;

• Interrupt or undermine other Users' normal use of the Services.

  
  

Third Party

You understand and agree that our Services are based on technical support from third parties such as Google. Please note that we may provide some of your personal information to such third parties in the course of receiving technical or any other support from them. Please see our Privacy Policy for more information in this regard in the following link: [https://www.mi.com/au/about/privacy/]. You agree and authorize Xiaomi to limit your rights of using the Site and Services, if needed based on the provisions of this Agreement or the applicable laws.

You acknowledge that when you visit the websites and advertisements of a third party, such third party’s terms and policies apply, including any provisions of bearing risks and taking legal responsibilities when using such third party’s services. You will bear all risks and legal responsibility when you use a third party’s services. We are not responsible for the content of any such external websites and disclaim any liability associated therewith.

The Site and Services may include User Content provided by other users, and the interaction between You and other Users only belongs to You and other Users. Xiaomi does not control such User Content, bear legal liability, or own any obligations to check, monitor, examine and approve such User Content. You thus bear legal liability for the risks of such interaction.

Liability for Our Services

You agree to use the Site or Services harmlessly and help Xiaomi to avoid bearing any lawsuit, complaint, loss, damage, responsibility, cost and fees (including but not limited to counsel fees) from any third party caused by your use of the Site or Services, your User Content, or your violation of this Agreement.

Xiaomi reserves the exclusive right to defend itself as well as the right to claim compensation for any damages suffered. You are solely responsible for all User Content You post on the Site or in relation to the Services and bear all the risks resulting from your disclosure of such User Content.

To the full extent permitted by law, you will not unilaterally reconcile when you and Xiaomi jointly file a lawsuit against any third party without written consent from Xiaomi.

Xiaomi will reasonably notify You of such lawsuit or action at law.

You will bear all the risks from using the Site or Services via your computer or mobile system and mobile database.

Disclaimer of Warranty

Xiaomi will not bear any legal liability under circumstances stated below:

• Provision of your personal information requested by courts or authorities in each case in compliance with applicable data protection laws;

• Disclosure of private information caused by your negligent actions;

• Any circumstances caused by suspension, breakdown and so on that result from the hacking, virus invasion, blockings due to illegal and harassing content, government control or any other reasons related to network, technique, communication line and information security management that lies outside of our control or results only from our slight negligence;

• Losses to the Users because of any communication line breakdown, technical problems, the network and computer breakdown, and other cases of force majeure;

• Risks that may arise from using the Site or Services due to threats, defamation, offensive or illegal information from anonymous or pseudonymous Users or breach of the Site or Services;

• Any psychological or physical damage or economic losses due to misleading or fraudulent behavior when You interact with others through the Site or Services.

  
  

XIAOMI MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AS TO THE TIMELINESS, SECURITY, ACCURACY OR UNINTERRUPTED AVAILABILITY OF THE SERVICES, THE FITNESS OF THE SERVICE IN GENERAL, OR THE FITNESS OF THE SERVICE FOR ANY PARTICULAR REQUIREMENTS OR PURPOSE OF THE USER.

No content posted by the User on the Site represents or reflects any viewpoint or policy of Xiaomi; Xiaomi does not bear any liability for this.

TO THE FULL EXTENT PERMITTED BY LAW, XIAOMI WILL NOT BEAR ANY LIABILITY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, EXCEPTIONAL OR PUNITIVE DAMAGES THAT RESULT FROM YOUR USE OF THE SITE, THE SERVICES OR THIS AGREEMENT, INCLUDING PROFIT LOSSES CAUSED BY USING THE SITE OR THE SERVICES.

IN SPITE OF THE OTHER PROVISIONS IN THIS AGREEMENT, THE RESPONSIBILITIES WE BEAR WILL NOT EXCEED THE FEES (IF ANY) YOU PAY FOR THE SERVICES DURING REGISTRATION VALID PERIOD, FOR ANY REASON OR IN ANY MANNER. THE FOREGOING LIMITATIONS DO NOT APPLY IN CASE OF XIAOMI'S WILLFUL INTENT, OR IN CASE OF XIAOMI'S BLATANT GROSS NEGLIGENCE.

Intellectual Property

Xiaomi group and/or its licensors are the owners of the intellectual property rights of the Site and its Service.

All intellectual property rights such as copyrights, trademarks, patents, trade secrets in relation to the Site and its Services and all information contents uploaded and posted to the Site (including but not limited to text, pictures, audio, video, graphics, interface design, layout frames, relevant data or electronic files, etc.) are protected by applicable laws and relevant international treaties. Unless permitted by applicable laws, Xiaomi and/or other owners of the intellectual property rights, You cannot use the Site or any information on the Site, including the content uploaded or posted by other Users.

Graphics, words and composition involving MIUI, HyperOS and other Xiaomi logos appearing in Xiaomi products and services are the trademarks of Xiaomi. Without prior written consent, You cannot display or use them in any way. By no means can any entity or individual use, copy, change, spread, transcribe any part of any of the trademarks owned by Xiaomi or sell them or sell any products or services indicating such trademarks alone or in bundle without prior written consent.

Any information posted on the Site or to the Services should not infringe the intellectual property rights of any third party. Without the prior written consent of the owner, You shall not upload, release, change, spread or copy any material or trademark under protection, or any proprietary information of others. If Xiaomi receives the appropriate notice from any copyright, trademark etc. owner or its legal representative, we will remove the related User Content after investigation.

Modification to the User Agreement

We may change or modify terms of this Agreement at any time, and will notify you through your email address or via notifications on the Site when required by law. Your continued use of the Site and the Services after any modifications to the terms of this Agreement indicate that you agree to such changes.

Xiaomi reserves the right to modify, keep and suspend the Site and any Services without notification from time to time. You agree that Xiaomi will not take any liability for any actions of changing, keeping or suspending the Site and any Services that are performed by Xiaomi and/or third parties unless required by law.

Termination

This Agreement becomes valid when you agree to it and stays valid during your use of the Site and any Services, until the termination of this Agreement for any reason.

In spite of the preceding provisions, this Agreement becomes effective the first time you use the Site and/or any Services if that happens before you accept this Agreement by checking a box or other express means.

We may restrict your right to access the Site, the Services and your Account and may terminate this Agreement at any time for any reason without prior notice, in case we believe you have violated any terms of this Agreement or any of our policies.

Not subject to the preceding provisions, Xiaomi reserves the right to terminate this Agreement if the User infringes any intellectual property right (e.g., copyright, trademark, etc.) of a third party (in case we receive plausible notice from such third party or the legal representative thereof of such infringement or have other reasonable grounds to believe that you have infringed the intellectual property rights of a third party.)

Once this Agreement terminates, all your Accounts and your right to use the Site and Services will also cease. You should understand this means your User Content may be removed from the Site and our database. However, Xiaomi shall not be held liable for terminating this Agreement, including terminating your Account and removing your User Content.

Any revised version of the Site, updates or other changes of the Services will be subject to this Agreement.

Xiaomi can terminate this Agreement unilaterally at any time and will notify you through your email address or via notifications on the Site unless not required by law.

Feedback

If You provide any suggestions to Xiaomi (“Feedback”), You agree that You transfer all rights related to such Feedback to Xiaomi, and Xiaomi shall have a non-exclusive, sub-licensable, transferrable and royalty-free global right and license to use and commercially exploit the Feedback in any appropriate method without any restrictions. We also consider your Feedback unclassified and non-exclusive.

You agree not to provide any information to Xiaomi which you regard as private and proprietary. We reserve the rights (not obligations) to examine your Feedback.

Privacy Policy

Xiaomi values your privacy and will protect your personal information in accordance with relevant applicable laws in your jurisdiction. We promise that, Xiaomi will only collect and process Users’ personal information that is necessary for the provision of Services of the Site upon the consent of the Users. Please refer to our Privacy Policy (https://www.mi.com/au/about/privacy/) to see how we process the information that we collect from You.

Notification

You are encouraged to provide your valid email address. Xiaomi will not take any liability if we are unable to reach you through the email address you provide. The notifications on the Site or emails sent to the last email address you have provided will be deemed to have been received for notifying you of any revisions of the User Agreement, the Privacy Policy and the Cookie Policy.

Applicable Law

This Agreement, the interpretation of its terms, its effectiveness, its validity and dispute resolution, shall be governed by the laws of New South Wales, Australia to the extent that this selection of applicable law does not conflict with any mandatory rules applicable in the territories in which You and/or Xiaomi are located.

If any dispute arises between you and Xiaomi out of or in connection with this Agreement, such dispute shall first be resolved through amicable settlement. If the settlement fails, such dispute shall be settled through arbitration by Hong Kong International Arbitration Centre (HKIAC) under the UNCITRAL Arbitration Rules in force when the Notice of Arbitration is submitted, as modified by the HKIAC Procedures for the Administration of International Arbitration.

The arbitration proceedings shall be conducted in English.

The arbitral award shall be final, exclusive and binding upon both You and Xiaomi. By submitting any dispute to arbitration, both You and Xiaomi undertake to comply with any award of the arbitration panel. Both You and Xiaomi hereby waive, to the extent permitted by law, any rights to appeal or to review, such award by any court or tribunal.

Both You and Xiaomi agree that:

1.     the arbitration award may be enforced against the parties to the arbitration proceedings or their assets wherever the parties and/or their assets may be found; and

2.     a judgment in relation to enforcement of the arbitration award may be entered in any court having jurisdiction thereof.

The arbitration fees shall be borne by the losing Party except if the arbitral award states otherwise.

Nothing in this section under the title “Applicable Law” shall affect the validity of the applicable mandatory consumer protection laws of the country in which you have your place of residence or domicile. In this case, You may, at your option, submit any dispute arising out of or in connection with this Agreement either to the competent court in Argentina, or to the competent court in the country in which you have your residence or domicile; these courts shall have jurisdiction to the exclusion of any other courts to settle any such disputes.

Severability

If some provisions of this Agreement cannot be applied for some reasons, they will be revised to apply legally; and other provisions remain applicable.

General Provisions

This Agreement shall be the sole and exclusive agreement between you and Xiaomi, in relation to any matter relating to the Site and Services.

The title of each paragraph is written only for the convenience of reading and does not have any legal or contractual obligations.

Without a prior written consent from Xiaomi, you cannot transfer the rights and obligations stated in this Agreement to a third party. Any behavior or activity violating this provision about such a transfer attempt shall be invalid.

Contact US

Address: No. 006, Floor 6, Building 6, Yard 33, Xi’erqi Middle Road, Haidian District, Beijing, China