TRADE-IN PROGRAM TERMS & CONDITIONS

1. General

1.1 The OnePlus NA Trade-in Program (the “Program”) is offered by OnePlus USA Corp. (“OnePlus”), a Nevada corporation, and is administered and operated by its trade-in partner.

1.2 In these Terms and Conditions (“T&Cs”), OnePlus is referred to as “we”, “us,” or “our.” An eligible participant is referred to as “Customer,” “you,” “your,” or “yourself.” By participating in this Program, you confirm that you have read and understood, and agree to abide by these T&Cs. If you refuse to accept these T&Cs, you will not be able to trade in any eligible device with us via this Program.

2. Eligibility

2.1 We only accept trade-ins from individuals residing in the United States of America or Canada (collectively, the “Territory”). If you are under 18 years old, you must obtain your parent's or guardian's consent before participating in the Program.

2.2 Subject to these T&Cs, the Program permits the trade-in of specified electronic eligible devices listed on the Program's website (each, a “Device”). The Program either provides immediate savings (“Trade-in Instant Credit”) on a new phone purchase or a delayed partial refund on your new order (“Get Paid Later”). The “Trade-in Instant Credit” option may not be available for all products or scenarios. Please refer to the options presented at checkout for the final available options.

2.3 If there is any dispute, we reserve the right to make all final decisions relating to the eligibility of any individual or trade-in Device in this Program.

2.4 We will not accept any trade-in Device which is non-original, altered, counterfeit, pirated, or obtained by any unlawful means, theft, or other improper methods. If we later determine that your trade-in Device is ineligible, we reserve the right to reverse any credits or refunds provided to you, and your ineligible Device will not be returned.

3. Offer to Trade-in with OnePlus

3.1 You can place an order through the Program for the trade-in of an eligible Device with us in return for reimbursement at a value to be determined by us. By placing a trade-in order through the Program, you represent and warrant that:

a) you are accessing the Program in the Territory and will deliver to us and, if applicable, accept the return of the Eligible Device by us at the address specified by you in your trade-in order;

b) you are legally capable of entering into a binding contract with us;

c) the information submitted by you in relation to the Device, including but not limited to the quantity, type, brand, model number, conditions, and functionality (collectively “Device Particulars”) is true and accurate;

d) the Device delivered by you to us is: original without alteration; non-counterfeited; and not obtained by any illegal means or improper methods;

e) you own all rights in and have good title to the Device that you traded in with us, the Device is free from any third-party claims, liens and encumbrances, and you are legally authorized to sell or dispose the Device without any limitations and restrictions;

f) you will either remove all data or authorize us to access and/or remove all data on the Device;

g) you have read, fully understood, and accepted these T&Cs;

h) you release us of any liabilities or claims that may arise if you send the Device to us in breach of these T&Cs;

i) your participation in the Program will not violate any applicable laws in the Territory or elsewhere;

j) you agree to fully indemnify us from and against any third party’s claim against us arising from performing our obligations under this Program or for any breach of these T&Cs by you.

3.2 Title of the Device shall pass to us upon issuance of the confirmation email after the new phone purchase.

3.3 If we cannot access or process the Device for any reason (e.g., password lock has not been deactivated, etc.), we shall promptly write to seek your consent by email or SMS for a solution that may enable us to access or process the Device. If, however, we do not receive any reply from you within seven (7) calendar days of our written request, we shall arrange our trade-in partner to return the device to you.

3.4 We shall in no event take responsibility for any loss, security and protection of data that may be caused during the verification, reconfiguration and/or processing of the Device. You acknowledge that once you have delivered the Device to us, it is impossible for you to retrieve and/or recover any data or contents stored in the Device and or any memory cards or SIM cards inserted in the Device. You agree to release us from all claims, losses, or damages regarding the confidentiality of any data or contents arising from the trade-in order.

3.5 We take no responsibility for any data loss and/or leakage that may be caused during verification, reconfiguration, processing and/or transfer of the device during this Program. You agree to release us from all claims, losses, or damages once we have received the device.

3.6 Nothing in this Program constitutes an offer by us to purchase your Device. Submission of a trade-in order through this Program constitutes an offer by you to deliver the Device to us in return for the issuance of value. A binding contract will only be formed upon (a) our acceptance of your offer by sending you a confirmation email; and (b) our issuance of the Device value and any other trade-in bonus.

3.7 Your Device trade-in value and any bonus will be initially determined based on the Device Particulars submitted by you (the “Initial Quotation”). If you offer to trade-in the Device with us based on the Initial Quotation, you must submit accurate personal information such as your name, address, phone number, and email address to us for communications and confirmation of the trade-in order. The Initial Quotation will be valid for a period of twenty-one (21) calendar days from the date you submitted the trade-in order.

4. Packing and Delivery of the Device

4.1 Once you have submitted the trade-in order through the Program and received the shipping label from our trade-in partner, please pack your device, and drop it off at the nearest staffed shipping carrier within twenty-one (21) calendar days from the date you submitted the trade-in order. Your trade-in order will be canceled if your device not sent out within 21days on time.

a) If you miss the shipping window, please do not send out your old device as your package will be rejected.

b) If you chose the “Instant Credit” option and did not send out your old device on time, we will automatically charge your payment account for the value of the old device, including any applicable bonus. Consequently, your trade-in order will be canceled.

4.2 Before you hand over the Device to the shipping carrier, it is your responsibility to:

a) remove any SIM and/or data storage card from the Device;

b) erase all personal files and data in all formats, including but not limited to SMS, photos, videos, emails, documents, and other data from the Device;

c) turn off or deactivate any passcode, lock, or equivalent feature of the Device.

4.3 Please ensure that the Device is packed appropriately and properly sealed, and that it contains no harmful objects that will damage the Device during the transit. We shall not be liable for any loss or damage caused to the Device during the transit due to your improper packaging. If you include any other items or accessories when you package the Device for trade-in, we are not responsible for returning those additional items to you.

5. Final Trade-in Offer Conformation

5.1 We shall have the final and sole right to determine the value of the Device and any bonus to be issued.

5.2 If we determine that your description of the Device is inconsistent with our evaluation of your Device, you will be provided with a revised trade-in value quote. You may elect to either trade your Device in exchange for the revised trade-in value and any bonus, or you may elect for the Device to be returned to you with free shipping. To have the Device returned to you, you must promptly respond to OnePlus's email within 7 days of being contacted.

5.3 If you accept the revised offer, your trade-in order will be processed as follows:

a) If you chose the “Instant Credit” option when purchasing a new OnePlus device, the difference between the initial trade-in value and the updated value will be charged to your payment account.

b) If you chose the “Get Paid Later” option when purchasing a new OnePlus device, the updated value will be refunded to your payment account for the new phone purchase.

5.4 If you do not respond to the revised offer within 7 days, we will presume that:

a) you will accept the revised offer by default.The value of the old device will be based on the quotation of the the revised offer.

b) if the Device has no trade-in value, OnePlus may recycle it. If we receive a Device deemed a biohazard or hazardous (e.g., containing bodily fluids, swollen lithium battery), we reserve the right not to ship it back and will recycle it instead.

6. Defective Eligible Device

6.1 For these T&Cs, a “Defective Device” shall include any Device which is made or sold under a brand name without the brand owner's authorization; or has been altered without the brand owner's consent; or is stolen or obtained by any unlawful means or improper methods. We do not accept any Defective Device and reserve the right to seek compensation from you for any loss or damage arising from any Defective Device received from you.

6.2 If we discover that your Device is a Defective Device, we reserve the right not to activate or honor the trade-in value or bonus. If we are notified by the relevant government authorities, or reasonably suspect that your Device is a Defective Device, you will be requested to provide proof of ownership of the Device. We reserve the right to report to the relevant government authority and submit the Defective Device to the authority for further investigation. We are not responsible for returning the Defective Device to you during or after the investigation.

7. Dispute Resolution and Binding Arbitration

7.1 READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM ONEPLUS.

7.2 YOU AND ONEPLUS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT AS FURTHER SET FORTH BELOW IN THIS SECTION 7) OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

7.3 EXCEPT AS OTHERWISE PROVIDED BELOW, ANY AND ALL CLAIMS, DISPUTES, OR CONTROVERSIES (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING, WITHOUT LIMITATION, STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE, AND EQUITABLE CLAIMS) BETWEEN YOU AND US, ARISING FROM OR RELATING IN ANY WAY TO, AMONG OTHER THINGS, (I) YOUR TRADE-IN ORDER; (II) THESE T&CS AND PRIOR VERSIONS OF THESE T&CS, OR THE EXISTENCE, BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, SCOPE, WAIVER, OR VALIDITY THEREOF; OR (III) YOUR RELATIONSHIP WITH ONEPLUS (COLLECTIVELY, THE “COVERED DISPUTES”), WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION, REGARDLESS OF WHETHER THE COVERED DISPUTE OCCURRED OR ACCRUED BEFORE OR AFTER THE DATE YOU AGREED TO THESE TERMS OF SALE.

7.4 Notwithstanding any choice of law or other provision in these T&Cs, this agreement to arbitrate evidences a transaction involving interstate commerce and the Federal Arbitration Act (“FAA”) will govern its interpretation, enforcement, and proceedings pursuant thereto. It is the intent of the parties to be bound by the provisions of the FAA for all purposes, that the applicable arbitration provider's rules shall preempt all state laws to the fullest extent permitted by law, and that the agreement to arbitrate be broadly interpreted.

7.5 This agreement to arbitrate applies (i) whether your dispute is with OnePlus, its subsidiaries, affiliates, or parent company, or any suppliers or service providers involved with the Product(s) and/or any service purchased through this website, and their officers, directors, employees, agents, assigns, predecessors, and successors; and (ii) regardless of the legal theory on which you base your claim (such as breach of warranty, breach of contract, negligence, etc.). This agreement to arbitrate will also be binding upon, and shall include any claims brought by, any other third parties, including, without limitation, your spouse, heirs, third-party beneficiaries, successors, and assigns, where their underlying claims arise out of or relate to a Covered Dispute.

7.6 For Covered Disputes relating to Devices and/or your trade-in order, this agreement to arbitrate supersedes any terms regarding dispute resolution in any other agreement between you and OnePlus and contains the whole agreement between us with respect to any such disputes or claims.

7.7 The arbitration shall be conducted by a single arbitrator and will be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures applicable to consumer disputes, and in accordance with the Expedited Procedures in those Rules, unless the parties agree to JAMS' Streamlined Arbitration Rules and Procedures (collectively, the “JAMS Rules”), except as modified by this Section 7. The JAMS Rules are available online at www.jamsadr.com.

7.8 For disputes arising in a jurisdiction where JAMS cannot or will not administer the arbitration, the parties shall be required to meet and confer to select a neutral arbitration provider. Such an arbitration provider shall have operations in the state in which the dispute arises. If the parties are unable to mutually agree upon an arbitration provider, then either party may invoke 9 U.S.C. § 5 to request that a court of competent jurisdiction appoint an arbitration provider with operations in the state in which the dispute arises. Any arbitration provider appointed by a court under 9 U.S.C. § 5 shall conduct arbitration solely on an individualized basis as set forth herein. Once the parties mutually agree upon a neutral arbitration provider, or an arbitrator provider is appointed under 9 U.S.C. § 5, the ensuing arbitration shall commence pursuant to the rules of the designated arbitration provider, except as otherwise designated herein. Once an arbitration provider is agreed upon or appointed, an arbitrator shall be appointed. The arbitrator will be either (i) a retired judge, or (ii) an attorney licensed to practice law in the state where the arbitration is conducted with experience in the law underlying the dispute. The arbitrator will be selected by the parties from the applicable arbitration provider's roster of arbitrators. If the parties are unable to agree upon an arbitrator after a good faith meet and confer effort, then the applicable arbitration provider will appoint the arbitrator in accordance with its rules.

7.9 We each agree that, as a condition precedent to initiating any arbitration or other legal proceedings, the parties shall make a good faith effort to resolve any Covered Dispute. In the event that the parties are unable to resolve any Covered Dispute within a reasonable period (which, in any event, shall not exceed sixty (60) days), you or OnePlus may initiate an arbitration proceeding by (i) sending a written notice (entitled, and referred to herein as a, “Demand for Arbitration”) to the other party by mail; AND (ii) sending an electronic copy of the Demand for Arbitration to legal-usa@oneplus.com (if the Demand for Arbitration is from you) or to the email address you provide to us when placing an order (if the Demand for Arbitration is from OnePlus). Any Demand for Arbitration that you send to OnePlus should be delivered to: OnePlus, Attn: Legal Department, Re: Demand for Arbitration, 2479 E Bayshore Rd STE 120, Palo Alto, CA 94303.

7.10 Unless the parties agree otherwise, any arbitration hearing will take place (at your option) in Santa Clara County, California or in the county in which you reside. However, subject to the approval of the arbitrator and OnePlus, you may decide whether you want the arbitration to be conducted instead: (i) based on written submissions without an oral hearing, or (ii) through a telephone or videoconference hearing.

7.11 All issues in dispute are for the arbitrator to decide. Except as otherwise specifically provided in Section 7, the arbitrator will have exclusive authority to resolve any dispute relating to the scope, arbitrability, and/or enforceability of this agreement to arbitrate, whether a dispute can be arbitrated, or the interpretation of this agreement to arbitrate, including any unconscionability challenge or any other challenge to the effect that these arbitration provisions or Terms of Sale are void, voidable, or otherwise invalid. The arbitrator shall, in accordance with the JAMS Rules, allow for the discovery or exchange of non-privileged information relevant to the dispute, and shall enter orders as appropriate in order to protect the parties' trade secrets or confidential information. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator is not bound by decisions reached in separate arbitrations, and the arbitrator's decision shall be binding only upon the parties to the arbitration that are the subject of the decision. The arbitrator shall award reasonable costs incurred in the arbitration to the prevailing party in accordance with the law(s) of the state in which arbitration is held.

7.12 Payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules unless otherwise stated in this agreement to arbitrate. If the value of the relief sought is $10,000 or less, OnePlus will pay all filing, administration, and arbitrator fees associated with the arbitration. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the cost of accessing arbitration will be prohibitive as compared to the cost of accessing a court for purposes of pursuing litigation on an individual basis, OnePlus will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the cost of accessing arbitration from being prohibitive. If the arbitrator decides that either the substance of your claim or the remedy you asked for is frivolous or brought for an improper purpose, the parties will use the JAMS Rules to determine whether you or OnePlus is responsible for the filing, administrative, and arbitrator fees.

7.13 Payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules unless otherwise stated in this agreement to arbitrate. If the value of the relief sought is $10,000 or less, OnePlus will pay all filing, administration, and arbitrator fees associated with the arbitration. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the cost of accessing arbitration will be prohibitive as compared to the cost of accessing a court for purposes of pursuing litigation on an individual basis, OnePlus will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the cost of accessing arbitration from being prohibitive. If the arbitrator decides that either the substance of your claim or the remedy you asked for is frivolous or brought for an improper purpose, the parties will use the JAMS Rules to determine whether you or OnePlus is responsible for the filing, administrative, and arbitrator fees.

7.14 The foregoing notwithstanding, if a party's claim is within the jurisdiction of a small claims court, either party may choose to take the claim to that court instead of arbitration as follows: (i) a party may take its claim to small claims court without first sending a Demand for Arbitration to the other party; (ii) a party that receives a Demand for Arbitration can, within thirty (30) calendar days after its receipt of the Demand for Arbitration (the “Forum Determination Period”), send written notice (in the manner prescribed in Section 7.9 above) to the opposing party that it wants the case decided by a small claims court; (iii) after the expiration of the Forum Determination Period and after a case is filed with JAMS, but before the issuance of a Commencement Letter (as such term is defined in the JAMS Rules), a party can send written notice (in the manner prescribed in Section 7.9 above) to the opposing party and JAMS that it wants the case decided by a small claims court (after receiving this notice, JAMS will administratively close the case); and (iv) after the expiration of the Forum Determination Period, after a case is filed with JAMS, and after the issuance of a Commencement Letter, the parties may mutually agree in writing that the arbitration case should be closed and the dispute decided in small claims court. The small-claims court proceeding will be limited solely to your individual dispute or controversy and will not be consolidated with any other action or conducted on a class-wide, representative, or class-action basis. Neither party may file a case with jams (for a claim that is within the jurisdiction of a small claims court) until after the expiration of the Forum Determination Period.

7.15 The foregoing notwithstanding, you or OnePlus may file suit in court to address an intellectual property rights infringement claim.

7.16 You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR ONEPLUS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, IN A REPRESENTATIVE CAPACITY, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of you, the individual party seeking relief, and only to the extent necessary to provide relief that is warranted by your individual claim, and not any remedy that affects other OnePlus customers or third parties. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If a court decides that applicable law precludes enforcement of any of the limitations set forth in this Section 7.16 as to a particular claim for relief or remedy (such as declaratory or injunctive relief), then that claim or remedy (and only that claim or remedy) must be severed from the arbitration and must be brought in the state or federal courts located in Santa Clara County, California or in the county in which you reside, while the remaining claims and remedies (such as individual damages or restitution) will still be resolved through binding arbitration.

7.17 You can choose to reject the agreement to arbitrate (“opt out”) by mailing us a written opt-out notice (“Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than thirty (30) days after the date you accept these Terms of Sale. You must mail the Opt-Out Notice to OnePlus at the following address: OnePlus, Attn: Legal Department, Re: Opt-Out Notice, 2479 E Bayshore Rd STE 120, Palo Alto, CA 94303. Your Opt-Out Notice must include a statement that you intend to opt out of the arbitration agreement in the OnePlus Terms of Sale, together with your name, address (including street number and address, city, state, and zip code), phone number, and the email address used in connection with your OnePlus purchase. You must sign the Opt-Out Notice in order for it to be effective. This procedure is the only way to opt out of the agreement to arbitrate. If you opt out of this agreement to arbitrate, all other parts of the Terms of Sale will continue to apply. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements you may have with us.

7.18 Subject to the provisions of Section 7.16 above, if any provision of this agreement to arbitrate is found unenforceable, that provision will be severed and the balance of this agreement to arbitrate will remain in full force and effect. Severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the agreement to arbitrate or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to the agreement to arbitrate. To the extent any claims must proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

7.19 Subject to the provisions of Section 7.16 above, (i) the substance of any disputes where public injunctive relief is available shall be decided by the arbitrator; and (ii) only if the claimant succeeds on its claim permitting the remedy of public injunction may such claimant request that a court of competent jurisdiction enter an injunction in conformity with the arbitral award.

8. Miscellaneous

8.1 Severability – Each term and provision of these T&Cs shall be valid and enforceable to the fullest extent permitted by law. If any provision hereof, in whole or in part, is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or portion thereof shall be deemed deleted and replaced by a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid, illegal, or unenforceable provision. Any modification to or deletion of a provision hereof, in whole or in part, under this clause shall not affect the validity and enforceability of the rest of these T&Cs.

8.2 Rights of Third Parties – Except as expressly stated herein, these T&Cs do not and are not intended to confer any rights or remedies upon any person or entity other than you and OnePlus.

8.3 Assignment – 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 T&Cs without the prior written consent of OnePlus. Any purported assignment or delegation in violation of this Section 8.3 is null and void. No assignment or delegation relieves you of any of your obligations under these T&Cs. OnePlus, however, may transfer its rights and obligations under these T&Cs to another organization.

8.4 No Waivers – Our failure to enforce any right or provision of these T&Cs will not constitute a continuing or subsequent waiver of future enforcement of the same or other rights or provisions. Our waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of OnePlus.

8.5 Force Majeure – Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted or committed a breach, for any failure or delay in fulfilling or performing any term hereunder when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s reasonable control and not involving any fault or negligence of the impacted party, including, without limitation: (i) acts of God; (ii) flood, fire, earthquake, other natural disasters, or explosion; (iii) war, acts of terrorism, riot, or other civil unrest; (iv) government order, law, or actions; (v) embargoes or blockades in effect on or after the effective date hereof; (vi) strikes, labor stoppages or slowdowns, or other industrial disturbances; (vii) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (viii) other similar events beyond the reasonable control of the impacted party.

8.6 Governing Law and Judicial Forum for Non-Arbitrable Disputes – All matters arising out of or relating to these T&Cs are governed by and construed in accordance with the FAA and (only to the extent not inconsistent with the provisions of the above Sections and the substantive and procedural provisions of the FAA) the internal laws of the State of California, without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California. The arbitrator will not be bound by rulings in other arbitrations involving OnePlus to which you are not a party. Other than claims that must be resolved through binding arbitration (or that may be brought in small claims court), any disputes relating to these T&Cs or the Devices will be litigated exclusively in the federal or state courts of Santa Clara County, California; the parties consent to personal and exclusive jurisdiction in these courts. Notwithstanding the foregoing, other than claims that must be resolved through binding arbitration (or that may be brought in small claims court), OnePlus reserves the right to institute proceedings and/or apply for injunctive remedies (or any equivalent type of urgent legal relief) against the customer in the courts having jurisdiction in the place where the customer has its seat or in any jurisdiction where harm to OnePlus is occurring.

8.7 Captions, Pronouns and Interpretation – The captions of sections of these T&Cs 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 T&Cs. 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 T&Cs 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 T&Cs.

8.8 Entire Agreement – Our order confirmation email to you, these T&Cs, our Intellectual Property Policy and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these T&Cs. If you have any questions or concerns regarding the above T&Cs, you may contact OnePlus at https://www.oneplus.com/support.

Last Updated on September 26, 2024.