Last modified: 6 January 2014
Welcome to WeChat! Your use of WeChat (“services” or “our services”)is subject to these Terms.
Compliance with these Terms
These Terms apply to you if you are a user of our services anywhere in the world other than the People’s Republic of China (and you are not acitizen of the People’s Republic of China). If you are: (i) a user of our services in the People’s Republic of China; (ii) a citizen of thePeople’s Republic of China using our services anywhere in the world; or (iii) a Chinese-incorporated company using our services anywhere in theworld, please refer to the Terms of Service (PRC Users) for the terms that apply to you in your use of our services.
You must comply with these Terms in your use of our services and only use our services as permitted by applicable laws and regulations, wherever youmay be when you use them. You must review these Terms and our policies and instructions to understand how you can and cannot use our services. If youdo not agree to these Terms, you must not use our services.
By using our services, you are agreeing to be bound by these Terms of Service between you and Tencent International Service Pte. Ltd., a Singaporeancompany located at 10 Anson Road, #21-07International Plaza, Singapore079903 (“we”, “our” and “us”) (these“Terms”).
Other terms in relation to these Terms
If you are under the age of 13, you must not use our services. If you are between the ages of 13 and 18 (or the relevant age in your jurisdiction where youare considered a minor), your parent or guardian must agree to these Terms (both for themselves and on your behalf) before you can use our services.
If you are using our services on behalf of a company, partnership, association, government or other organisation (your “ Organisation”), you warrant that you are authorised to do so and that you are authorised to bind your Organisation to theseTerms and in such circumstances “you” will include your Organisation.
We may translate these Terms into multiple languages, and in the event there is any difference between the English version and any other language versionof these Terms, the English version will apply (to the extent permitted by applicable law).
The following are additional policies that you must comply with in using our services:
- WeChat Acceptable Use Policy – which sets out rules of good behaviour applicable to your use of our services; and
- WeChat Cookies Policy – which sets out our policy on the usage of cookies
Additional country-specific terms
If you are a citizen or a habitual resident of the following countries, the following country-specific terms will also apply to your use of our services:
- USA; and
To the extent that any additional terms of service or policies are different from these Terms, the relevant additional terms of service or additionalpolicies will apply, except that nothing in those additional terms of service or policies will (unless expressly indicated otherwise in those additionalterms of service or policies) amend the following sections of these Terms (which will apply in the event there is any difference):
- “Changes to these Terms and our services”;
- “Our intellectual property rights and software”; and
- “Liability for our services and software”.
However, to the extent that any country-specific terms differ from these Terms or any additional terms of service or policies, the relevantcountry-specific terms will apply, regardless of which section of these Terms is in question.
CHANGES TO TERMS AND OUR SERVICES
We may make changes to these Terms over time, so please come back and review them.
In addition, as our services and user experience are constantly evolving, we may from time to time (and to the extent permitted by applicable law) add,change or remove features from our services (including in relation to whether a service is free of charge or not), or suspend or terminate a servicealtogether.
Where we consider that any changes to these Terms or our services are reasonably material, we will notify you (via http://www.wechat.com, direct communication to you, or other means), prior to the change becoming effective. Bycontinuing to use our services after we make any changes to these Terms or our services, with or without notice from us, you are agreeing to be boundby these revised Terms.
You may need to create an account with us in order to access and use some of our services.
Any account you open with us is personal to you and you are prohibited from gifting, lending, transferring or otherwise permitting any other person toaccess or use your account. Your account name, user ID and other identifiers you adopt within our services remains our property and we can disable, reclaimand reuse these once your account is terminated or deactivated for whatever reason by either you or us.
You are responsible for: (i) safeguarding any passwords used to access your account and our services, and (ii) all use of our services under your account.You must promptly notify us at firstname.lastname@example.org if you know or suspect that your password or account has beencompromised.
Our services may offer methods for deactivating your service-specific account – please refer to the relevant service for further guidance.
You may, from time to time, make payments to us as part of your use of our services (including for the provision of our services or provision of certainadditional features within our services). Our services-specific terms may set out further terms applying to such payments (including in relation to refunds(if any), billing arrangements and any consequences of failing to make timely payments). You must comply with all such terms in relation to your paymentsto us.
When you submit, upload, transmit or display any data, information, media or other content in connection with your use of our services (“ Your Content”), you understand and agree that:
- you will continue to own and be responsible for Your Content;
- we will not sell Your Content to any third party;
- you are giving us and our affiliate companiesthe right to use Your Content (with no fees or charges payable by us to you) solely for the purposes ofproviding, promoting, developing and trying to improve our services, including new services that we may provide in the future;
- in using Your Content for these purposes, we and our affiliate companies may copy, reproduce, host, store, process, adapt, modify, translate,perform, distribute and publish Your Content worldwide in all media and by all distribution methods, including those that are developed in the future,provided that they are incorporated into our services which you use; and
- we may share Your Content with third parties that we work with to help provide, promote, develop and improve our services, but these third parties(other than our affiliate companies) will not make any separate use of Your Content for their own purposes (i.e. for any purposes that are not related toour services).
- are allowed to retain and continue to use Your Content after you stop using our services- for example, where you have shared Your Content with otherusers of our services; and
- may be required to retain or disclose Your Content in order to comply with applicable laws or regulations, or in order to comply with a court order,subpoena or other legal process, or we and our affiliate companies may disclose Your Content in response to a lawful request by a government authority, lawenforcement agency or similar body (whether situated in your jurisdiction or elsewhere). You also agree that we may need to disclose Your Content in orderto enforce these Terms, protect our rights, property or safety, or the rights, property or safety of our affiliate companies or other users of ourservices.
You understand that even if you seek to delete Your Content from our services, it may as a technical and administrative matter take some time or not bepossible to achieve this.
Responsibility for Your Content
You are solely responsible for Your Content and we recommend that you keep a back-up copy of it at all times. You must at all times ensure that: (i) youhave the rights required to submit, transmit or display Your Content, and to grant us the rights as set out in these Terms; and (ii) Your Content (and ouruse of Your Content in accordance with these Terms) does not infringe or violate the rights of any person or otherwise contravene any applicable laws orregulations.
THIRD PARTY CONTENT AND SERVICES
We are not responsible for and we do not endorse, support or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted ordisplayed by or linked by our services, including content provided by other users of our services or by our advertisers. You acknowledge and agree that byusing our services you may be exposed to content which is inaccurate, misleading, defamatory, offensive or unlawful. Any reliance on or use of any contenton or accessible from our services by you is at your own risk. Your use of our services does not give you any rights in or to any content you may access orobtain in connection with your use of our services.
We also do not guarantee the quality, reliability or suitability of any third party services provided, made available or linked through our services and wewill bear no responsibility for such third party services. If you access third party services through our services, you must comply with any terms andconditions applicable to those services.
We may review (but make no commitment to review) content or third party services made available through our services to determine whether or not theycomply with our policies, applicable laws and regulations or are otherwise objectionable. We may remove or refuse to make available or link to certaincontent or third party services if they infringe intellectual property rights, are obscene, defamatory or abusive, violate any rights or pose any risk tothe security or performance of our services.
There may be, from time to time, third party content and services on our services that are subject to further terms, including terms from the relevantthird party that originally produced such content and services (for instance, the news agency that was responsible for writing a news article that thenappears on our news service). In such cases, you agree to comply with any such further terms and conditions as notified to you.
If you have any concerns regarding any content on or any other aspects of our services, please contact email@example.com.
ADVERTISING CONTENT ON OUR SERVICES
We may use your information for the purpose of sending you advertising or direct marketing (whether by messaging within our services, by email or by othermeans) that offer or advertise products and services of ours and/or selected third parties. Such products and services include:
- products and services of ours (or our affiliate and subsidiary companies and joint venture partners), including services in relation tomessaging, online media and advertising, interactive entertainment, social networking, e-commerce, news and information, payment, internet search,location and mapping, applications, data management, and other related software and services (“Internet Services”); and
- third party providers of Internet Services and products and services relating to dining, food and beverages, sports, music, film, television,live performances and other arts and entertainment, books, magazines and other publications, clothing and accessories, jewellery, cosmetics, personalhealth and hygiene, electronics, collectibles, housewares, appliances, home decoration and furnishings, pets, automobiles, hotels, transport andtravel, banking, insurance and financial services, loyalty and reward programs and other products and services that we think may be relevant to you.
Please note that we will not share your personal information with advertisers unless you have given us your consent to do so. We do, however, sharenon-personal information with advertisers for the purposes of offering you advertising that is more relevant to you.
OUR INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in or to our services and software (including any future updates, upgrades and new versions) will continue to belong to usand our licensors. Except as expressly provided in these Terms, you have no right to use our intellectual property rights. In particular, you have no rightto use our trade marks or product names (for example, “Tencent”, “WeChat” or “QQ”), logos, domain names or otherdistinctive brand features without our prior written consent. Any comments or suggestions you may provide regarding our services are entirely voluntary andwe will be free to use these comments and suggestions at our discretion without any payment or other obligation to you.
Where our services involve you downloading and using any software from us, we grant you a limited, personal, non-exclusive, non-sublicensable,non-transferrable, royalty-free and revocable licence to use the software in order to use our services in accordance with these Terms (including anyspecific technical requirements that relate to the software or its use on your particular device). Please note that these licence terms may be supplementedby terms and conditions applicable to the specific software.
You may not copy, modify, reverse compile, reverse engineer or extract source codes from our software, except to the extent that we may not prohibit youfrom doing so under applicable laws or regulations or you have our prior written consent to do so. Where applicable laws or regulations entitle you toreverse compile or extract source codes from our software, you will first contact us to request the information you need.
We may from time to time provide updates to our software. Such updates may occur automatically or manually. Please note that our services may not operateproperly or at all if upgrades or new versions are not installed by you. We do not guarantee that we will make any updates available for any of oursoftware, or that such updates will continue to support your device or system.
WARRANTY AND DISCLAIMER
We warrant to you that we will provide our services using reasonable care and skill.
APART FROM THIS WARRANTY, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATION, ALL OF OUR SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND NEITHER US NOR ANY OF OUR AFFILIATE COMPANIES MAKE ANY REPRESENTATION OR WARRANTY OR GIVES ANY UNDERTAKING IN RELATION TO OUR SERVICES, OUR SOFTWARE OR ANY CONTENT SUBMITTED, TRANSMITTED OR DISPLAYED BY OUR SERVICES, INCLUDING: (I) ANY REPRESENTATION, WARRANTY OR UNDERTAKING THAT OUR SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR FREE FROM VIRUSES; (II) THAT OUR SERVICES OR SOFTWARE WILL BE COMPATIBLE WITH YOUR DEVICE; OR (III) THAT OUR SERVICES OR SOFTWARE WILL BE OF MERCHANTABLE QUALITY, FIT FOR A PARTICULAR PURPOSE OR NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATION, YOU WAIVE ANY AND ALL IMPLIED REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS.
LIABILITY FOR OUR SERVICES AND SOFTWARE
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, THE TOTAL AGGREGATE LIABILITY OF US AND OUR AFFILIATE COMPANIES FOR ALL CLAIMS IN CONNECTION WITH THESE TERMS, THE GENERAL END USER LICENCE AGREEMENT OR OUR SERVICES OR SOFTWARE, ARISING OUT OF ANY CIRCUMSTANCES, WILL BE LIMITED TO THE GREATER OF THE FOLLOWING AMOUNTS: (I) THE AMOUNT THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SPECIFIC SERVICE OR SOFTWARE TO WHICH THE CLAIM RELATES IN THE 6 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT CLAIM; AND (II) USD100.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATE COMPANIES BE LIABLE IN CONNECTION WITH THESE TERMS, THE GENERAL END USER LICENCE AGREEMENT OR OUR SERVICES OR SOFTWARE FOR ANY DAMAGES CAUSED BY: (I) ANY NATURAL DISASTER SUCH AS FLOODS, EARTHQUAKES OR EPIDEMICS; (II) ANY SOCIAL EVENT SUCH AS WARS, RIOTS OR GOVERNMENT ACTIONS; (III) ANY COMPUTER VIRUS, TROJAN HORSE OR OTHER DAMAGE CAUSED BY MALWARE OR HACKERS; (IV) ANY MALFUNCTION OR FAILURE OF OUR OR YOUR SOFTWARE, SYSTEM, HARDWARE OR CONNECTIVITY; (V) IMPROPER OR UNAUTHORISED USE OF OUR SERVICES OR SOFTWARE; (VI) YOUR USE OF OUR SERVICES OR SOFTWARE IN BREACH OF THESE TERMS OR THE GENERAL END USER LICENCE AGREEMENT; OR (VII) ANY REASONS BEYOND OUR REASONABLE CONTROL OR PREDICTABILITY. NOR WILL WE, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR FOR ANY LOSS OF BUSINESS, REVENUES, PROFITS, GOODWILL, CONTENT OR DATA.
Nothing in these Terms limits or excludes any of the following liabilities, except to the extent that such liabilities may be waived, limited or excludedunder applicable laws and regulations:
- any liability for death or personal injury;
- any liability for gross negligence or wilful misconduct; or
- any other liability to the extent that such liability cannot be waived, limited or excluded under applicable laws and regulations.
NOTWITHSTANDING ANY OTHER PROVISIONS OF THESE TERMS, NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY OF YOUR STATUTORY RIGHTS IN YOUR JURISDICTION (INCLUDING ANY RIGHTS UNDER APPLICABLE CONSUMER PROTECTION REGULATION), TO THE EXTENT THESE MAY NOT BE EXCLUDED OR WAIVED UNDER APPLICABLE LAWS AND REGULATIONS.
YOU AGREE THAT YOU (AND YOUR ORGANISATION, IF YOU ARE USING OUR SERVICES OR SOFTWARE ON BEHALF OF SUCH ORGANISATION) INDEMNIFY US, OUR PARTNERS AND OUR AFFILIATE COMPANIES FROM AND AGAINST ANY CLAIM, SUIT, ACTION, DEMAND, DAMAGE, DEBT, LOSS, COST, EXPENSE (INCLUDING LITIGATION COSTS AND ATTORNEYS’ FEES) AND LIABILITY ARISING FROM: (I) YOUR USE OF OUR SERVICES OR SOFTWARE; OR (II) YOUR BREACH OF THESE TERMS OR ANY TERMS OF THE GENERAL END USER LICENCE AGREEMENT.
Please note that we are not responsible for any third party charges you incur (including any charges from your internet and telecommunication servicesproviders) in relation to or arising from your use of our services or software.
These Terms will apply to your use of our services until access to the relevant services is terminated by either you or us.
We may suspend or terminate your access to your account or any or all of our services: (i) if we reasonably believe that you have breached these Terms;(ii) if your use of our services creates risk for us or for other users of our services, gives rise to a threat of potential third party claims against usor is potentially damaging to our reputation; (iii) if you fail to use our services for a prolonged period; or (iv) for any other reason. Where reasonablypracticable, we will give you notice of any suspension or termination.
Retention and back-up of Your Content
These Terms are the entire agreement between you and us in relation to our services. You agree that you will have no claim against us for any statementwhich is not explicitly set out in these Terms. The invalidity of any provision of these Terms (or parts of any provision) will not affect the validity orenforceability of any other provision (or the remaining parts of that provision). If a court holds that we cannot enforce any part of these Terms asdrafted, we may replace those terms with similar terms to the extent enforceable under applicable law, without changing the remaining terms of these Terms.No delay in enforcing any provision of these Terms will be construed to be a waiver of any rights under that provision. Any rights and obligations underthese Terms which by their nature should survive, including but not limited to any obligations in relation to the liability of, or indemnities (if any)given by, the respective parties, will remain in effect after termination or expiration of these Terms.
No person other than you and us will have any right to enforce these Terms against any person, and you may not delegate, assign or transfer these Terms orany rights or obligations under these Terms, by operation of law or otherwise without our consent. We may freely assign, transfer or sub-contract theseTerms or our rights and obligations under these Terms, in whole or in part, without your prior consent or notice. You acknowledge and agree that in noevent will our partners or affiliate companies have any liability under these Terms.
GOVERNING LAW AND DISPUTE RESOLUTION
Except to the extent that: (i) any applicable additional terms incorporated into these Terms provide differently, or (ii) the applicable laws andregulations of your jurisdiction mandate otherwise (for instance, you may have statutory rights in your jurisdiction in relation to bringing or defendingclaims in a local court (including small claims court (or similar court), these Terms and any dispute or claim arising out of or in connection with theseTerms will be governed by the law of the Hong Kong Special Administrative Region.
Any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with these Terms, including theirexistence, validity, interpretation, performance, breach or termination, will be referred to and finally resolved by arbitration administered by the HongKong International Arbitration Centre under the Hong Kong International Arbitration Centre Administered Arbitration rules in force when the Notice ofArbitration is submitted. The seat of the arbitration will be Hong Kong. There will be one arbitrator only. The arbitration proceedings will be conductedin English.
WECHAT TERMS OF SERVICE (USA-SPECIFIC TERMS)
If you are a user of our services in the United States of America, the below terms are incorporated into these Terms, and override these Terms to theextent of any inconsistency.
If you are a California resident, you agree to waive California Civil Code Section 1542, and any similar provision in any other jurisdiction (if you are aresident of such other jurisdiction), which states: "A general release does not extend to claims which the creditor does not know or suspect to exist inhis favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ANY LEGAL PROCEEDING ARISING OUT OFOR RELATING TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.
WECHAT TERMS OF SERVICE (AUSTRALIA-SPECIFIC TERMS)
If you are a user of our services in Australia, the below terms are incorporated into these Terms, and override these Terms to the extent of anyinconsistency.
All express or implied guarantees, warranties, representations, or other terms and conditions relating to these Terms or their subject matter, notcontained in these Terms, are excluded from these Terms to the maximum extent permitted by law.
Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by any applicable lawwhich cannot lawfully be excluded, restricted or modified.
If any guarantee, condition, warranty or term is implied or imposed by any applicable law and cannot be excluded (a “Non-Excludable Provision”), and we are able to limit your remedy for a breach of the Non-Excludable Provision, thenour liability for breach of the Non-Excludable Provision is limited to one or more of the following at our option:
- in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacingthe goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
- in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
Last modified: 6 January 2014
THE INFORMATION WE COLLECT AND HOW WE COLLECT IT
In providing our services, we collect, store and use the following Information relating to you:
“Information” is Personal Information and Non-Personal Information;
"Personal Information" is any information or combination of information that relates to you, and can be used to identify you. PersonalInformation may include the following:
- information you make available to us when you open an account or use our services, such as your name, telephone number and email address;
- information which you make available to our services as you use them, including Shared Information you make available to others through our servicesand information you store using our services;
- Shared Information that others using our services make available about you, such as information contained in posts they make and communications theymake to you and others using our services; and
- information we collect as you use our services, such as certain Location Data and Log Data.
“Location Data” is information that we collect regarding your location (when you use a location-enabled service), including:
- the location of your device when you use our services, such as from the GPS, WiFi, compass, accelerometer or other sensors in your mobile device;
- the IP address of the device or internet service you use to access our services,
- other information made available by you or others that gives an indication as to where you are or have been located, such as account information thatindicates where you are located and Shared Information you or others post indicating your location, such as any geotag information that is embedded inany photos you make available to us; and
- if you have provided us with your location data previously and would like us to delete such existing location data, you may be able to do so via ourservices.
"Log Data" is technical information that is automatically collected by us when you use our services, whether through the use ofcookies, web beacons and log files (as explained in more detail in the “Cookies, Web Beacons and Log Files” section below) or otherwise, including:
- technical information such as your mobile carrier, configuration information made available by your web browser or other programs you use to accessour services, your IP address and your device’s version and identification number,
- information about what you have searched for and looked at while using our services, such as web search terms used, social media profiles visited anddetails of other information and content accessed or requested by you in using our services;
- information about communications you have made using our services, such as the people you’ve communicated with and the time, data and duration ofyour communications; and
- metadata, which means information related to items you have made available through our services, such as the date, time or location that a sharedphotograph or video was taken or posted.
“Non-Personal Information” is any information that relates to you but from which it is not practicable to directly or indirectlyidentify you, including Personal Information in aggregated, anonymised or pseudonymised form.
“Shared Information” is information about you or relating to you that is voluntarily shared on our services, including postings thatyou make on our services (including your public profile, the lists you create), any postings from others that you re-post and including Location Dataand Log Data associated with these postings. Shared Information also includes information about you (including Location Data and Log Data) that otherswho are using our services share about you.
HOW WE USE YOUR INFORMATION
We may use your Information for any of the following purposes:
- to provide our services to you;
- for customer service, security, fraud-detection, archival and backup purposes in connection with the provision of our services;
- to provide you with advertising and direct marketing tha is more relevant to you (as discussed in more detail below under the “Direct Marketing”section below);
- to better understand how you access and use our services, for the purposes of trying to improve our services and to respond to customer desires andpreferences, including language and location customisation, personalised help and instructions, or other responses to your and other customers’ usageof our services;
- to help us develop our new services and improve our existing services;
- to assess the effectiveness of and improve advertising and other marketing and promotional activities on or in connection with our services when youraccount is subscribed to an official account; and
- to allow you to participate in surveys about our products and services. If you participate in a survey, we may request certain personallyidentifiable information from you. Participation in these surveys is voluntary and you therefore have a choice whether or not to disclose thisinformation. We use may use a third party service provider to conduct these surveys and such third party service provider will be prohibited from usingyour personally identifiable information for any other purpose.
Please note that for the purposes of seeking to provide our users with a better experience, to improve our services or otherwise where you haveconsented, Personal Information collected through our site or service may, subject to user privacy controls (where available), be used by our otherservices (including in an aggregated or individualised manner).
For example, Personal Information collected during your use of one of our services may be used to suggest particular content that can be madeavailable to you on another service or be used to try to present more relevant advertising to you in another service. You may also from time totime ask us to migrate or export your Personal Information contained in one of our services to another of our services, where such migration optionis available.
COOKIES, WEB BEACONS AND LOG FILES
SHARING OF YOUR PERSONAL INFORMATION
You consent to the third party use, sharing and transfer of your Personal Information (both inside and outside of your jurisdiction) as describedin this section.
A WORD ABOUT SHARED INFORMATION
Our service enable Shared Information to be shared publicly with all users of that service and not just your contacts. Our social media services inparticular are primarily designed to help you share Shared Information with the world via features either provided by us or third parties, soShared Information can be broadly and instantly transmitted and will remain public for as long as you do not delete it (and even after you deleteShared Information, it may still be separately cached, copied, or stored by, or remain public through, other users or third parties who are notaffiliated with and not controlled by us).
Please consider carefully what you post and communicate through our services. In some instances, you