Xiaomi Priority Club

1. Background:

Xiaomi Technology India Private Limited (“Xiaomi”) has planned to establish an exclusive club (“Xiaomi Priority Club” or “Priority Club”), to offer exclusive premium services for its premium customers (“Customers” or “you”). The terms and conditions for availing the benefits of the Xiaomi Priority Club, are as set out below (“Terms and Conditions”).

2. Eligibility Criteria:

To avail membership of the Xiaomi Priority Club (“Membership”), the Customers need to fulfil the following criteria:

A. Products Criteria:

(a) The Customers need to:

(i) Own a premium smartphone (any one or more of Mi 11 Ultra, Xiaomi 12 Pro, Xiaomi 13 Pro, Xiaomi 14 Series, or Xiaomi 14 Civi) (“Premium Smartphone Products”); or

(ii) Own a premium television (any one or more of Mi QLED TV [75”], Xiaomi OLED Vision TV [55”], Xiaomi Smart TV X [65”] 2023 edition, Xiaomi Smart TV X Pro Series [55”], or Xiaomi Smart TV X Pro Series [65”]) (“Premium Television Products”); or

(iii) Own a Xiaomi Robot Vacuum Cleaner X10 (“Premium Smart Home Product”).

The Premium Smartphone Products, Premium Television Products, and Premium Smart Home Product shall hereinafter be collectively referred to as “Premium Products”.

To be eligible for the Membership, the Customers:

(b) Need to have purchased the above-mentioned Premium Products after 01st January, 2020.

(c) Need to purchase the Premium Products only from offline or online Xiaomi authorized channels (including but not limited to Mi Homes, Mi Studios, Mi Stores, mi.com, Amazon, or Flipkart). The Membership cannot be availed on Premium Products purchased from offline or online channels, which are not Xiaomi’s authorized channels.

In addition to the foregoing, Customers who have purchased the Premium Products after 01st January, 2020 and till 31st May, 2023 (“Old Customers”), are recommended to avail the Membership within ninety (90) days of the launch of the Priority Club.

Any Customers who have or may purchase the Premium Products after 31st May, 2023 (“New Customers”), are recommended to opt for Enrolment for the Membership within one (1) year of the purchase of the Premium Products.

“Enrolment” for Membership as referred hereinabove, shall be deemed to mean the addition of the Premium Products against which Membership is sought, on Xiaomi’s Service+ Application.

B. Age and Residence Criteria:

The Customers need to be at least eighteen (18) years of age, and be residing in India, at the time of Enrolment for the Membership, or availing any services under the Membership.

C. Exclusions:

(a) Customers shall not be eligible for Membership by referring to, or against Premium Products purchased in bulk or in commercial quantities. Premium Products shall be regarded to be purchased as “bulk” or “in commercial quantities”, if, in the preceding twelve (12) months:

(i) More than four (4) Premium Smartphone Products are purchased; or

(ii) More than three (3) Premium Television Products are purchased.

(b) Customers shall not be eligible for Membership against Premium Products which have been resold or returned by them.

3. Applicability of Membership:

The Membership shall be valid and subsisting only in India, and shall be available only against Premium Products purchased and sold in India.

4. Procedure to avail Membership:

A. To avail Membership, the Customers shall follow the procedure as set out below, to add the Premium Products on Xiaomi’s Service+ Application:

· Update the Service+ Application to the latest version available

· Select “My Devices” section on the Home Screen of Service+ Application

· Select the “More” option on the top right corner to add a Premium Product, by entering the Premium Product’s IMEI number manually, or by scanning the IMEI number.

· Enter the date of invoice of the Premium Product, and upload an image of such invoice;

· Enter the channels through which the Premium Product has been purchased;

· Once the Premium Product has been added to the Service+ Application, you will be re-directed to Xiaomi Priority Club registration page

· Accept the Terms & Conditions for Xiaomi Priority Club on the registration page, to complete registration.

· You are now a Xiaomi Priority Club member successfully!

B. Xiaomi reserves the right to independently verify all details inserted by you at the time of Enrolment, either directly, or through its authorized service centres (“ASCs”).

5. Benefits of the Membership:

A. Xiaomi shall provide certain premium services and priority resolution of complaints, to Customers who are members of the Xiaomi Priority Club (“Members”), and such services shall be hereinafter referred to as “Membership Services”.

B. The Members shall be able to avail the following Membership Services, at and in accordance with, the terms and conditions set out under each type of Membership Service:

(a) Priority Online Appointment and Priority Services:

(i) The Members shall be able to book the earliest available appointment, during specified time slots for availing services for (i) repair and servicing of their products, and (ii) installation of new products; and

(ii) The Members shall receive services on priority at select ASCs.

(b) Free pick-up and drop facilities for select mobile phone repairs:

(i) For repair of mobile phones which have been purchased at an invoice value of more than INR 10,000 (“Select Mobile Phones”), Members can raise a request on Xiaomi’s Mi Service Manager portal, and ASCs shall coordinate with Members for pick-up and drop-off of Select Mobile Phones to be repaired, within twenty-four (24) hours of receipt of request (except in case of Sundays or holidays).

(ii) ASC executives shall arrive at Members’ premises for collecting the Select Mobile Phone devices, and delivering it back, once repairs are completed. The ASC executives shall click pictures of the Select Mobile Phones at the time of collection and delivery. ASC executives shall also share acknowledgment documents with the Members, at the time of collection or delivery of mobile phone devices.

(iii) The Members hereby acknowledge and understand that the free pick-up and drop-off services for Select Mobile Phone repairs (“Pick-Up Services”) are available only at limited areas, and Xiaomi reserves the right to initiate or cease the provision of Pick-Up Services at any time, at its discretion.

(iv) The Members should ensure that all their information and data on the Select Mobile Phones, should be sufficiently backed-up, before handing over the mobile phones to ASC executives. The Members acknowledge and agree that Xiaomi shall not be responsible for any loss of data or information, in the provision of Membership Services under this paragraph, or otherwise.

(i) At selected ASCs, Members shall be able to get their Premium Smartphone Products repaired within two (2) hours.

(ii) In case ASCs are unable to provide repair services for the Premium Smartphone Products within two (2) hours, the Members shall be provided an alternate stand-by device for temporary use, if and as available.

(iii) The Members shall return, in original condition, the stand-by mobile phone devices to ASCs, upon receipt of their mobile phones. The Members hereby agree and acknowledge that they shall indemnify Xiaomi for any losses incurred due to any damage or destruction caused to stand-by devices, or due to any failure in return of stand-by devices.

(d) Half-Yearly Device Check-Ups:

(i) Members shall be entitled to get their Xiaomi 14 Series mobile phone devices and Xiaomi Robot Vacuum Cleaner X10 (collectively, “Specified Products”) checked every six (6) months (“Check-Up Services”). Check-Up Services shall entail and include a hygiene check of the battery and quality, cleaning and adjustment of the Specified Products, and installation of software and security updates, if applicable.

(ii) Check-Up Services can be only availed twice in one (1) year, beginning from the warranty start date of the Specified Products, as set out in the respective invoices.

(e) Call back from Customer Support:

Members can request for a call-back from Xiaomi’s customer support team, on the Service+ Application, in case any assistance is required. Upon receipt of this request, an executive from Xiaomi’s customer support team shall call the Members back shortly.

The call-back Membership Service shall be available only between 09:00 am to 08:00 pm IST.

(f) Direct Chat with Agents:

Members can automatically connect with human agents on chat support available on Service+ App, instead of first having to connect with chat bots.

6. Validity of Membership:

A. Customers shall not sign-up for the Membership multiple times, by using, or against, only one identification number (such as IMEI or SN number) of Premium Products. In case of any discrepancy observed in this regard, the ASCs shall validate such discrepancies based on the invoices for the Premium Products, and their decision shall be final. Any multiple enrolments of Membership observed by Xiaomi, against a single identification number, shall be deemed invalid, and shall be terminated immediately.

B. The Membership shall be valid for a period of two (2) years (“Validity”) from the warranty-start date of the Premium Products, as set out in the invoice of the Premium Products, against which the Membership has been availed. Upon the expiration of the Validity, the Membership shall continue to automatically renew for successive periods of one (1) year, if the Member continues their Membership on the Service+ Application with respect to the Premium Products, and if their Membership has not been transferred, revoked, or terminated, in accordance with Paragraph 7.

7. Transfer, Revocation, or Termination of Membership:

A. Customers shall not be permitted to transfer the Membership, or any benefits associated with the Membership or Membership Services to anyone. The Membership shall only be available to persons in whose name it has been registered and availed.

B. Xiaomi shall be entitled to remove, revoke or transfer the Membership, in the following situations:

(i) If the Premium Product or Premium Products against which the Membership has been availed, are returned to Xiaomi, then Xiaomi shall be entitled to revoke or remove the Membership;

(ii) If a Customer has to replace the Premium Product, and the Customer receives a replacement Premium Product in its place from Xiaomi’s ASCs or stores, the Membership shall be updated and transferred so as to reflect the identification numbers of the replacement Premium Product;

(iii) If a Customer has to repair or modify the serial number of the Premium Product, through Xiaomi’s ASCs, the Membership shall be updated so as to reflect the modified identification serial numbers of the Premium Product.

C. The Customers hereby agree and acknowledge that if Xiaomi discovers that a Membership has been availed against Premium Products purchased for commercial purposes, or in bulk, as mentioned under Paragraph 2 (C), then such Membership shall be terminated with immediate effect, and Xiaomi shall be entitled to take any further actions permitted under law.

D. The Customers hereby agree and acknowledge that Xiaomi reserves the right to terminate their Membership, at its discretion.

8. Obligations of the Customers:

A. Upon request, the Customers shall provide their name, address, age, e-mail ID and phone number, and any other personal details as may be required by Xiaomi, in furtherance to their Membership (“Personal Information”) and any other information requested by Xiaomi, with respect to the Premium Products, specifications and purchase thereof (“Product Information”).

B. In case of any update in the Customers’ Personal Information, they shall duly and promptly inform Xiaomi by updating their Personal Information on the Service+ Application, or by contacting Xiaomi’s customer support team.

C. The Customers shall take full ownership and responsibility for any activities undertaken by them, or any Membership Services availed by them, in furtherance to the Membership.

D. The Customers shall maintain the confidentiality of all information associated with the Xiaomi Priority Club, and their Membership, at all times, and they hereby understand and acknowledge that any breach of confidentiality hereof, shall be deemed to be a breach of the Terms and Conditions

E. The Customers shall upload and provide only accurate and correct Product Information, which belongs to them, at the time of Enrolment on Service+ Application, or otherwise.

9. Representations and Warranties of the Customers:

A. You represent and warrant that you are legally competent to enter into binding contracts, under applicable laws, and there is nothing under applicable laws which will invalidate any contractual arrangement you will have with Xiaomi, arising as a result of the Membership;

B. You represent and warrant that you have provided to Xiaomi accurate and correct Personal Information and Product Information;

C. You represent and warrant that the Personal Information provided by you to Xiaomi, only belongs to you; and

D. You represent and warrant that you have not, and shall not, indulge in any activities or actions that breach the Terms and Conditions of the Xiaomi Priority Club and / or the Membership, and any use of the services and benefits provided thereunder.

10. Indemnity and Limitation of Liability

A. In furtherance to the Membership, you hereby agree to indemnify, release, and hold harmless Xiaomi, and its parent, affiliate and subsidiary companies, and all their respective officers, directors, employees, representatives and agents from any liability, damages, losses or injury resulting in whole or in part, directly or indirectly, from your Membership in the Xiaomi Priority Club, and any use or misuse of the services availed by way of your Membership.

B. Xiaomi shall not be liable to you, for any losses or damages caused to you or the Premium Products, during your Membership, as a result of an act of God, governmental actions, force majeure circumstances, or any other reasons beyond its reason, and Xiaomi shall not be responsible to pay you any compensation, or make any reparations, monetary or otherwise.

C. Xiaomi shall not be liable to you, for any indirect or consequential loss, damage or expense of any kind whatsoever, arising out of or in connection with the Xiaomi Priority Club and/or the provision or the refusal to provide any Benefits, whether such loss, damage or expense is caused by the negligence or otherwise, and whether Xiaomi has any control over the circumstances giving rise to the claim or not.

11. Privacy

A. By agreeing to these Terms and Conditions, you expressly consent to provide your Personal Information to Xiaomi, for the purposes of your Membership, and receiving any communication, promotional or otherwise, thereof. You understand that you have the right to not provide any Personal Information as requested by Xiaomi. You also understand that if you do not provide the Personal Information, Xiaomi will not be able to provide you the opportunity to avail the Membership.

B. You hereby agree and understand that the terms regarding sharing, transfer, disclosure, storing and protection of Personal Information shall be governed by the following policy:

(a) Xiaomi shall use the Personal Information only for the purpose as specified herein, and for receipt of any promotional communication with respect to the Xiaomi Priority Club;

(b) Xiaomi will not sell the Personal Information to third-parties;

(c) Xiaomi will not transfer your Personal Information to any third party, except where we have obtained your explicit consent; and

(d) Xiaomi will only disclose your Personal Information, under the following circumstances, and in the following manner:

(i) Where Xiaomi has obtained your explicit consent, Xiaomi may share your Personal Information within the scope of your consent/request with specific third parties designated by you;

(ii) Xiaomi may share your Personal Information from time to time to other Xiaomi affiliates;

(iii) Where disclosure of Personal Information is based on law or reasonable grounds: including laws and regulations, legal procedures, litigation, or at the request of the competent government departments or agencies if the disclosure is necessary or appropriate for national security, law enforcement, or other matters of public health and safety; and

(iv) with Xiaomi’s third-party service providers and business partners, for providing services to you, and is solely for legitimate, legal, necessary, specific, and explicit purposes and Xiaomi will have contracts in place to ensure that third-party service providers comply with the applicable privacy laws in your jurisdiction.

C. You hereby agree and understand that the detailed terms regarding sharing, transfer, disclosure, storing and protection of your Personal Information shall be governed by the privacy policy available at https://privacy.mi.com/all/en_IN/ in so far as it is applicable.

12. Governing Law, Jurisdiction:

The Terms and Conditions, shall be governed and construed in accordance with the laws of India. Any dispute arising out of or in connection with these terms and conditions shall be subject to the sole jurisdiction of the courts at Bangalore, India.

13. Communication and Correspondence:

A. You hereby understand and agree that all communication and correspondence with respect to the Membership and Xiaomi Priority Club, shall be undertaken with you by way of e-mail, SMS, or WhatsApp, on the basis of Personal Information provided by you to Xiaomi.

B. You hereby agree and acknowledge that Xiaomi may, from time to time, send you correspondence and communication pertaining to promotions and information about the Xiaomi Priority Club.

14. Miscellaneous

A. Any part of these Terms and Conditions which is unenforceable for any reason shall be considered capable of being cut out so as not to affect the remainder of these Terms and Conditions in any way. Xiaomi shall not be required to provide any service or otherwise act in pursuance of these Terms and Conditions if to do so would be contrary to law.

B. Membership Services shall be offered only by select ASCs of Xiaomi, or select authorized customer support centres of Xiaomi, and Xiaomi reserves the right to modify, start, or cease the provision of Membership Services at any ASC, at its sole discretion.

C. The Customers understand and agree that Xiaomi reserves the right to amend and modify these Terms and Conditions, or alter the nature of the Membership or the Xiaomi Priority Club, or discontinue or pause the Membership or the Xiaomi Priority Club, at any time, without any prior notice, and at its discretion.