Terms of Use for mi.com

1. General

   1. The website https://www.mi.com/my is operated by Xiaomi Technologies Malaysia Sdn Bhd (hereinafter referred to as “Xiaomi”, “We”, or the “Seller”). Our registered office is located at Suite 21-2, Level 21, UOA Corporate Tower Avenue 10 Jalan Kerinchi Bangsar South 59200 Kuala Lumpur.

   2. Xiaomi offers services on the site https://www.mi.com/my, applicable mobile applications, and all relevant subdomains (collectively referred to as the “Sites”). These services are designed to allow users to view, purchase, make payments for, and receive products and services, and engage in other commercial and non-commercial activities using applied technology (collectively referred to as “Services”).

   3. The terms and conditions governing transactions on the Sites (hereinafter referred to as the “Terms of Use” or “TOU”) regulate the relationship between Xiaomi and any individuals or entities using Xiaomi’s services on the Sites (hereinafter referred to as “Users”, “Buyer”, or “You”). These TOU apply to all Services offered through the Sites.

   4. Additional documents, including but not limited to legal terms, privacy policy, return policies, platform specifications, notices and announcements, operating rules, help documents, and other binding documents (collectively referred to as “Supplementary Documents”) available to Users on the Sites, are considered supplementary agreements to the TOU.

   5. TO THE EXTENT PERMITTED BY THE LAW YOUR COUNTINUOUS ACCESSING, BROWSING, OR OTHERWISE USING THE SITES INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THE TOU, INCLUDING OUR PRIVACY POLICY. PLEASE READ THETOU CAREFULLY BEFORE PROCEEDING.

2. Modification and Notification

   1. Xiaomi reserves the right to make significant modifications to the TOU and relevant Supplementary Documents as needed for operational or compliance purposes. We may change, modify, add, or remove portions of this TOU at any time without any prior written notice to You. It is your responsibility to review this TOU periodically for updates or changes. Your continued use of the Sites following the posting of changes will mean that You accept and agree to the revisions. Unless otherwise stated and permitted by law, such modifications will be considered part of this TOU and will not affect operations completed before their effective date.

   2. Xiaomi also reserves the right to assign or transfer any or all of its obligations under the TOU to any of its associates, partners, and affiliates at any time and without prior notice to Users. In the event of such an assignment or transfer, the rights of the Users with respect to the contract or purchase will remain unchanged.

   3. Without prejudice to any rights of Xiaomi or Users obtained from purchases and services on the Sites, Users who do not agree with the modifications may terminate their relationship with Xiaomi on the Sites by ceasing to use the Sites immediately and/or canceling their Mi Account as described below.

3. Registration and Account

   1. Users can visit the Sites without registration, but they need to register for a Mi Account with Xiaomi to receive complete services and make purchases through our online store on the Sites. Users can manage, suspend, and cancel their Mi Accounts in accordance with this TOU and Supplementary Documents.

   2. Users attempting to access Xiaomi services via a Mi Account must complete a registration form with the required data. By doing so, Users agree to provide accurate, precise, truthful, and up-to-date information at all times and accept sole responsibility for any consequential damages and claims resulting from failure to do so.

   3. Without prejudice to the information provided in the form, Xiaomi may request and/or consult additional information from time to time to improve its service and meet operational needs. Xiaomi also reserves the right to reject any registration request or suspend, terminate, block access to, or cancel an existing registration or membership on the Sites due to any non-compliance with applicable law, at its own discretion, with appropriate notice delivered to the impacted Users.

   4. If you are a minor under local law (a person who has not reached the age of majority by marriage, a person under the age of eighteen (18) years, or an incompetent or quasi-incompetent person under applicable laws) and wish to register a Mi Account and use the services via the Sites, your registration may require the consent of your legal parents or guardian in accordance with applicable laws. You also need to be a competent person under applicable laws to enter a binding agreement to make purchases and gain full access to the Services on the Sites. We reserve the right to terminate your membership, terminate accounts, remove or edit content, cancel underlying orders, and/or refuse to provide you with access to the Sites if it is brought to our notice or discovered that you are under the age of 18 years and/or are incompetent to contract.

4. Data Privacy

   1. Xiaomi responsibly uses all personal information, protects the privacy of the Users who entrust us with their data, and takes necessary measures to ensure security on our portal. To consult our privacy policy, you can access the link: [Privacy Policy Link]

5. Prices

   1. Xiaomi’s sales prices for products are indicated in the currency displayed on the Sites and include all duties, taxes, and other mandatory or legal charges that apply to the Seller’s sales, including VAT (if applicable).

   2. All prices and information on the Sites are intended to be accurate and complete. However, pricing and other errors may occur in certain situations. Buyers are not entitled to rely on a price that is obviously or materially lower than the current retail price for that product. In the event that the Seller’s published price for a product is obviously or materially lower than the prevailing retail price due to a pricing error, the Seller is under no obligation to sell at that price and has the right to cancel the underlying contract with the Buyers before shipment and delivery.

   3. Unless otherwise stated on the Sites and during the ordering process, the Seller’s delivery and administration costs are included in the final price payable for the Products. Any charges or fees added to the price of the Product will be visible to the Buyers during the ordering process and before the Buyers place a binding order.

   4. The shipping costs of the products are specified on the shipping costs page of the Sites and/or during the ordering process.

   5. Payment can only be made by credit or debit card or any other payment method offered on the Sites. Payment is charged in the currency shown, and the Seller is not responsible for any discrepancies due to currency or exchange rates. Any refund to the Buyers will be made to the payment method used when placing the order, in the currency initially displayed on the Site.

6. Ordering

   1. When Buyers place an order on the Sites, the system automatically generates order information data based on the details provided by the Buyers. A contractual relationship is deemed to be established between the Buyers and the Seller only after the receipt of an email confirmation from the Seller, confirming the completion of payment via the Sites. Only those products confirmed in the Seller’s email will form part of the contract and will be delivered to the Buyer.

   2. Each Contract must be paid for in advance of delivery via the Sites. Products will only be shipped after the Seller has verified the payment. The required advance payment by the Buyers for the purchase of products in a timely, full, and legal manner forms part of the contract offer.

   3. The Buyers are solely liable for payment of any fees charged by their bank, card company, or other providers of their selected payment option. The Buyers understand and agree that the Seller implements the method of payment before delivery. The required payment made by the Buyers for the purchase of products in a timely, full, and legal manner forms part of the contract offer sent to the Seller and is also the premise for the Seller to deliver the products to the Buyer. If the Buyers fail to complete the payment in a reasonable manner or at the specified time, the Seller reserves the right to cancel the order.

7. Performance of Contract

   1. The Buyers’ order and Contract will be processed and performed when the Seller has received the Buyers’ payment and confirmed stock availability.

   2. As the Seller focuses on business towards end consumers, the Seller will act only at the retail level and may limit the number of products that one Buyer can purchase. Buyers are not allowed to purchase products on the Sites for the purpose of resale. If the Seller finds that a Buyer has records of reselling products purchased from the Sites, the Seller reserves the right to disallow this Buyer from purchasing products on the Sites and/or permanently close this Buyer’s account and prohibit the Buyer from re-registering an account. This prohibition of resale also applies to products purchased by the Buyer on behalf of a unit via the government and enterprise group purchase method on the Sites. The liability and loss caused by the Buyer’s sale or resale of products on the Sites shall be borne by the Buyer.

   3. If the Seller publishes a limited quantity of certain products on the Sites, and if a Buyer plans to purchase more than the limited quantity of the Products, the Buyer may contact the Seller. The Seller reserves the right to cancel the order that the Buyer has submitted for more than the limited quantity. This limited quantity may apply to several individual Buyer accounts under certain situations. For instance, if a Buyer places orders through multiple accounts within a certain period of time, the number of cumulative single orders cannot exceed the limit quantity of the products, provided that the Seller determines that the actual purchaser of such single orders is one and the same person or is closely related to another Buyer by the delivery address, the IP address of the order, the contact number, receiver, and other information. In such circumstances, if the total purchase quantity of the multiple orders exceeds the limit quantity of the products, the Seller has the right to cancel the relevant orders. The Seller has the right to decide whether to close the Buyer’s account based on such a situation and whether to prohibit the Buyer from re-registering a Buyer’s Mi Account within a certain period of time.

   4. The Seller will make every effort to meet the Buyers’ demands, avoiding situations where the products the Buyers purchase are out of stock. Due to technical obstacles and various factors that are difficult to control and avoid, the Seller cannot guarantee that all requested products in the order the Buyers submitted will be in stock. The Seller will make best efforts to mark those out-of-stock Products. If the products the Buyers ordered are out of stock, both the Buyers and the Seller shall have the right to cancel the order, and if the Buyers have already paid, the payment will be refunded to the Buyer.

   5. Subject to the term of delivery and its agreement with Xiaomi’s authorized delivery partner, the Seller will send the products that the Buyers purchase to the Buyers’ designated delivery address through a logistics company (except for areas out of the delivery range) provided in the shipping address field at the time of placing the order by the Buyer. The Seller cannot be held responsible for any adverse damage or other consequences resulting from the receiver’s behaviors. If signature and confirmation are required, the Buyer or receiver shall sign for the receipt of products or otherwise.

   6. Buyers shall accurately fill in their name, receiver’s name (if applicable), delivery address, contact information, and other necessary information required by the Seller. The purchased products will be delivered to the specified delivery address. Any loss caused by the Buyers’ change of contact person or related delivery information shall be at the Buyers’ own risk. Xiaomi shall not be responsible for any delay caused by incorrect shipping address entered at the time of placing the order or incorrectness of information given by the Buyer such as address or whatsoever. If the order is delayed or fails to be delivered due to the following circumstances, the Seller shall not bear the responsibilities, consequences, or costs and reserves the right to cancel the order unilaterally:

      1. The delivery address, contact information, etc. are incorrect, non-existent, or not detailed enough.

      2. The delivery person contacts the receiver through the reserved receiving mobile phone number twice, but is unable to connect or receives no answer.

      3. Repeated delivery of the products due to absence.

      4. Force majeure, such as natural disasters, traffic, strikes, riots, government actions, sudden wars, etc.

   7. The content, price, quantity, and availability of the Product/service on the Sites may change at any time without prior/special notice. However, the Seller will make best efforts to inform Buyers where necessary or possible.

   8. In case the order has been cancelled by the Seller’s decision, the benefit (excluding cash value) of a discount coupon in possession of the Buyers before the order may be credited back to the Buyers’ account, upon Buyers’ request. Special terms for certain coupons may be applicable and shall prevail. If the order is cancelled for any reason, the shipping code (F Code) used for the purchase of the Products is invalid and may not be used again.

   9. The Seller reserves the right to limit whole or part of Buyers’ rights in exceptional situations, cancel related unfulfilled orders, or cancel Buyers’ Mi Account if Buyers are involved in any of the following actions:

      1. Buyers affect the normal operation of the Sites or the services provided by the Sites to other users, such as online attacks and mass advertisements.

      2. Buyers repeatedly publish information not related to the sold products or services in the comment area or consultation area.

      3. Buyers seek benefits by improper means (such as plug-in tools, network attacks, etc.).

      4. Buyers reject the products multiple times or refuse to accept products without objective reasons.

      5. Buyers engage in claiming or reselling products through account shopping (such as wholesale, retail).

      6. The order information Buyers provide (including but not limited to name, phone number, ID number, email address, etc.) is untrue, inaccurate, or incomplete.

      7. Buyers affect the normal operating order of the Sites or conduct illegal activities.

   10. If Buyers’ Mi Account is terminated, for the open orders generated during the validity period of the account, Xiaomi may notify Buyers to decide whether to close the open orders or to proceed to the delivery. Once Buyers’ Mi Account is terminated, Buyers’ right to use the services on the Sites shall be terminated as well. The Seller shall not be liable to Buyers for terminating this Agreement in accordance with the provisions of the TOU, including terminating Buyers’ account and deleting Buyers’ content on the Sites.

8. Warranty

   1. To consult our Warranty Policies, you can access the link: [Warranty Policies Link]

9. Return

   1. To consult our Return Policies, you can access the link: [Return Policies Link]

10. Force Majeure

    1. In the event of a force majeure situation (including but not limited to strikes, extreme weather conditions, embargoes, and any other situation beyond the control of the Seller), the Seller’s obligations under the Contract are suspended during the period of the force majeure situation.

11. Export

    1. The products sold on the Sites are manufactured in accordance with specifications and are intended for use in the territory of Malaysia. The warranties and remedies granted herein to Buyers located in the mentioned region may not apply to any Buyers purchasing products from outside Malaysia.

    2. The contract established according to this TOU and all products sold accordingly are subject to applicable export control laws, including but not limited to the export control laws of the Buyers’ own jurisdiction. Buyers may not export any products purchased from the Seller to any country, territory, or party if prohibited by export control laws. The banned countries and territories include Cuba, Iran, Syria, North Korea, Sudan, and the Crimea region. If Buyers plan to export any products purchased from the Seller to another country, Buyers must obtain any required export licenses (or other government approvals) before doing so.

12. Third Parties

    1. If third-party sellers, other than Xiaomi, make their own content, products, services, or software available through the Sites and establish a direct contract relationship with the Users, Xiaomi is not responsible for the content, products, services, or software of such third parties, and their terms will apply.

    2. The Buyers understand and confirm that the payment service on the Sites is provided by a third party. The conditions and rules of such payment service are determined between the Buyers and the payment service provider.

    3. The Buyers agree that Xiaomi has the right to send order information, promotions, advertisements, or advertising links to the Buyers and their designated recipient by mail, SMS, telephone, etc., in accordance with the Sites’ Privacy Policy.

    4. To facilitate your use of Xiaomi’s logistics, finance, communication, and other related services, in accordance with the Privacy Policy available on the Sites, you accept and authorize Xiaomi to transmit the information provided and formed during the registration of your account and the use of the Sites service, to the other relevant service providers of Xiaomi, or to obtain the information provided and formed during your registration and use of the related services of other relevant service providers of Xiaomi. Xiaomi may cooperate with third parties to provide you with related services. At the same time, to provide you with better services, recommend products/services to you, and conduct market research and information data analysis, Xiaomi may disclose your relevant information to collaborators or service providers. In such circumstances, Xiaomi has the right to provide your relevant information to such third parties in accordance with the Privacy Policy available on the Site.

13. Intellectual Property

    1. Xiaomi and/or its related companies are the owners of all intellectual property rights over the Sites. This includes, but is not limited to, all content, services, products, brands, trade names, logos, designs, images, illustrations, audio clips, video clips, advertising phrases, copyrights, domains, software, computing, codes, developments, databases, information, technology, patents, utility models, industrial designs and models, trade secrets, among others (hereinafter referred to as the “Intellectual Property”). These are protected by national and international laws.

    2. It is prohibited to use, display, upload, release, post, reproduce, republish, transmit, distribute, or copy any material of Intellectual Property, including trademark, copyright, or proprietary information of our products or services at the Sites, whether directly or indirectly, for illegal purposes, or to carry out any type of reverse engineering or derivative works. Using search or extraction tools for data and content from our platform for reuse and/or creating our own databases that include all or part of our content without our express authorization is also prohibited. Improper use, without authorization and/or contrary to current regulations, that generates confusion, implies denigrating use, or causes harm, damage, or losses to Xiaomi and/or its related companies, is also prohibited.

    3. The use of the products and services of the Sites does not imply authorization to use the Intellectual Property of third parties that may be involved. The use of such Intellectual Property will be under the exclusive responsibility of the Users.

    4. In the event that the Users infringe the Intellectual Property of the Sites or third parties, Xiaomi may sanction the Users in accordance with the provisions of this TOU and exercise the corresponding extrajudicial and/or judicial actions.

14. Jurisdiction and Applicable Law

    1. The interpretation of the terms of this TOU and its Supplementary Documents, their enforceability, and dispute resolution, are governed and applied under the law of Malaysia.

    2. Any controversy arising from its application, interpretation, execution, or validity will be resolved by the jurisdiction court where Xiaomi is located, unless otherwise agreed by the parties involved in the controversy.

15. General

    1. If a provision of these TOU and its Supplementary Documents is found invalid or non-enforceable, it will be revised to apply, and will not affect the validity of the other provisions of these TOU and its Supplementary Documents.

    2. XIAOMI shall not be liable for any losses, damages or expenses arising from any events including but not limited to the usage of the Sites, error, omission, interruption, defect, downtime, or virus that may be occurred, even if XIAOMI has been informed in advance of the possibility of such damages.

    3. IN NO EVENT SHALL XIAOMI BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF THE XIAOMI HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.