1. THE SERVICE AND ITS PROPRIETOR
AcTEC EV CHARGERS, S.L. (hereinafter “AcTEC”) is a company with Tax Id. Number 91350200556225133R, with registered office at No. 4, Tongfu Road, Tong'an Industrial Center, Tong'an District, Xiamen, Fujian, China, and email address info@actec.com.cn.
AcTEC is the proprietor of a service aimed at operating smart devices for charging electric vehicles, which includes the devices belonging to the 'E10', 'E20', 'E30' and 'E31' families and any other charging device (hereinafter the “Devices”) and accessories to these Devices that it may sell (hereinafter, jointly and severally, the “Products”), the smart electric vehicle charging service through Devices converted into charging stations, and their energy management and monitoring (hereinafter the “Charging Service”), the website corresponding to the domain names www.actec.com.cn, including its versions in different languages, which is used as an e-commerce platform for the purchase of Products (hereinafter the “Website”)
These General Terms and Conditions are binding on any person (hereinafter the “User”)who uses the services in any of the ways specified, including browsing on the Website. The mere use of the Service implies the User's acceptance of the General Terms and Conditions. Furthermore, in the event that the Client has purchased a Subscription Plan in accordance with the terms below, the Specific Conditions of the corresponding purchased Subscription Plan shall also apply.
2. DEFINITIONS
2.1. User: any natural or legal person who uses the Service by browsing on the Website,purchasing Products from the Website by means of a direct sale or authorised reseller, using the Devices to charge vehicles after purchasing an adequate Subscription Plan, or using the Application to locate charging stations and manage electrical consumption and financial expenditure related to charging.
2.2. Client: a User that enters into an agreement to purchase the corresponding SubscriptionPlan for the Charging Service for vehicles or the use of the Application, whether for his/her own use or for the use of multiple Charging Service Users, in a limited extent authorised by the Client himself / herself, or in a public manner in exchange of the payment of a certain fee.
2.3. Charging Service User:a User who, after having created a “my AcTEC” Account, uses the Charging Service by means of the Devices, whether owned by him/her or owned by a third party who has authorised said use or who authorises the public use of the Device, in exchange for the payment of a certain fee, for the electrically charging of the vehicle and for carrying out its smart management via the Application.
2.4. Devices: the charging devices manufactured and marketed by AcTEC via its Website,direct sales, or authorised resellers, which includes chargers and smart charging stations for electric vehicles, and any other devices and charging stations that may be developed and marketed in the future, which are purchased by Clients and used in accordance with the corresponding purchased Subscription Plan.
2.5. Accessories: the additional products and services to Devices that AcTEC makes availableto its Clients via the Website, direct sales, or authorised resellers, including installation services, charging conduits and cables, and connectivity solutions, and any other accessories that may be developed and marketed.
2.6. Products: all Devices and Accessories made available by AcTEC to its Clients via the Website, direct sales, or authorised resellers.
2.7. Website: the most recent version of the website corresponding to the domain name www.actec.com.cn, including all its versions in the languages used by AcTEC.
2.8. Application: the most recent version of the application for AcTEC’s mobile devices, available in app stores, for their use by Clients and Charging Service Users, and that offers solutions regarding the management of Devices, recharging and autonomy of the electric vehicle and management and control of electric consumption and charging schedules, among others. After having created an Account, the Application allows the Client to manage the Devices, enabling him / her to add or delete Devices, organise them, monitor the charges in real time and customize the charging settings.
2.9. Portal: the Client's personalised Internet site made available by AcTEC for the smart management of the charging service. After having created an Account, the Portal allows the Client to manage his / her Devices, enabling to add or delete Devices, organise them, monitor the charges in real time and customize the charging settings. The Portal also displays general statistics regarding the use of the Charging Service, both individually and, depending on the purchased Subscription Plan, for groups of Charging Service Users. Furthermore, in accordance with the purchased Subscription Plan, the Portal enables the management and organisation of multiple Charging Service Users, inviting new Charging Service Users and assigning them to subgroups. Where applicable, the Portal also enables the management of payments made for Devices by the Client and the management of transactions made for charges via the Devices.
2.10. Account: the 'myAcTEC' user account, which Clients and Charging Service Users must create to use the Portal and Charging Service, including the use of Devices and the Application, whose creation may be carried out via the Portal or the Application.
2.11. Connectivity: the means of connection to Devices made available to Clients for the electrical charge of vehicles. AcTEC also allows you to connect to Devices both offline, using Bluetooth, and online, using Ethernet, Wi-Fi and 3G/4G networks. Users can connect via the Application, from the Clients’ section.
2.12. Subscription Plan: the modality of use of the Charging Service purchased by the Client for the usage and management of the Devices and the Application. AcTEC has different Subscription Plans for its Clients, which provide access to different functionalities and characteristics depending on the purchased modality. When purchasing the Charging Service, all Clients benefit of the Basic Subscription Plan and the corresponding features thereof, without prejudice to the possibility of purchasing other specific Subscription Plans with additional features.
the Basic Subscription Plan offers the Clients the following features:
• Group management of multiple Charging Users, limited to up to two Devices and five Charging Users.
• Power boost: dynamic adjustment of electric current according to the consumption made by the Charging Users.
• Power sharing: possibility of connecting multiple Devices to the network and distribution of the available electric current.
• Mobile connectivity:3G/4G connectivity via a configurable SIM card.
• Information and management in real time: access from any Device for the obtaining of information on consumption, charging time, energy cost of the Device and active charging sessions.
• Download, at any time, of information on energy consumption, costs, active charging sessions and historical data.
• Remote configuration: possibility of setting the charging electric current according to the needs of the Client and possibility of blocking and unblocking Devices to avoid any misuse. AcTEC reserves the right to modify at any time the conditions, functionalities, and characteristics of the Basic Subscription Plan, as well as any of the available specific Subscription Plans, without prejudice to its obligation of informing the Client for his/her knowledge and prior acceptance, so that said modifications may be applicable to him/her.
2.13. Subscription Fee: the fee to be paid by the Client for using the Charging Service related to the purchased Subscription Plan, which allows the Client to use the Charging Service in accordance with specific payment terms and remuneration. Payments shall be made by the Client to AcTEC in accordance with the purchased Subscription Plan. When a Subscription Plan is purchased, the Client may choose to make payments monthly, yearly or with any other frequency or by means of any payment method that AcTEC may offer. The Subscription Fee invoice shall be issued automatically for each new Device added to the “AcTEC” Account, and the total amount shall be calculated based on the number of Devices purchased.
2.14. Paid-For Charging: charging done by a Charging Service User, subject to prior identification by the system in place, by means of the Devices managed by the Client under a Subscription Plan that provides for this functionality. By means of this system, the Client can monetise his/her Devices, by receiving from the amount paid by the Charging Service User, determined according to the Charging Fee set up by the Client, the part resulting from the application of the distribution criterion set with AcTEC.
2.15. Charging Fee: the fee applied to determine the amount to be paid by the Charging Service User in the cases of Public Charging, and that can be established according to different parameters (among others, a variable price per hour of charge and/or per energy consumed, or a flat price per charging session).
3. USER REGISTRATION
3.1. Access to certain elements of the Service will require the User’s prior registration as a Client through the creation of a “myAcTEC” Account, entailing the express acceptance of these General Terms and Conditions. By creating an Account, the Client shall benefit from functions regarding the smart management of charging electric vehicles using a purchased Device or the management of multiple Devices and Charging Service Users, in accordance with the purchased Subscription Plan offered by AcTEC.
3.2. For the creation of an Account, the Client shall fill in the relevant forms available on the Portal or the Application, and expressly accept these General Terms and Conditions and AcTEC’s Privacy Policy. The information provided by the Client must be accurate, truthful, current, and complete, and the Client is responsible for updating this information. The Client guarantees that all information provided to AcTEC is true, complete, and accurate, and that said information is current and correct at all times. The Client must notify any changes regarding the provided information and AcTEC shall deem it correct until it has been changed.
3.3. The Client is responsible for protecting his/her password and shall be liable for any damage or prejudice that may result from the misuse, transfer, disclosure, or loss of said password. Access to restricted areas or limited access and/or use of services via a User profile shall be carried out by the User who owns that profile, who shall be responsible in any event for such access and use.
3.4. From its “myAcTEC” Account, the Client may provide for certain Charging Service Users to be authorised to use the Charging Service, creating for such purposes the related Charging Service User sub-accounts. For all intents and purposes, these persons shall be considered Charging Service Users, and shall use the Charging Service in full compliance with these General Terms and Conditions. The Client undertakes, through the creation of sub-accounts, to transfer to all persons authorised to use the Charging Service the requirement to be subject to these General Terms and Conditions, albeit that the Client will have sole responsibility for ensuring that each and every one of them complies with these General Terms and Conditions.
3.5. Depending on the Subscription Plan taken out, the Client may also make its Devices available to certain Charging Service Users to permit each one of them to charge their vehicles through their own "myAcTEC" Account.
3.6. Likewise, depending on the Subscription Plan purchased, the Client may use its network of Devices to manage and administer the operation of the Charging Service and may moreover gain revenue as the result of Charging Service Users using such Devices for charging, the amount of such revenue being determined by the corresponding consideration in the Client’s favour, which is calculated based on the amount payable by the Charging Service User for said use of the Charging Service, as per the financial terms and the Charging Fee that the Customer has set up through its "myAcTEC" Account.
3.7. Users, Clients and Charging Service Users shall be liable for their own use of the Service and they undertake to use correctly and appropriately the Service and/or any of its components and/or elements. By way of example, the User, Client and Charging Service End User undertake not to use the Service to introduce computer-based viruses, not to usurp accounts or data of other users, and, ultimately, not to conduct any activities that are illicit, illegal or against public policy and good faith, otherwise they may be banned from accessing the Service.
3.8. Similarly, Users, Clients and Charging Service Users undertake to comply with the provisions of these General Terms and Conditions and other notices, usage regulations and instructions offered to or accessible by them.
3.9. The persons who do not have the required legal capacity to enter into agreements cannot subscribe to the Service, and can only use it with the authorization and under the full responsibility of a User –who has entered into the corresponding agreement– who holds the parental authority or legal guardianship of the person who doesn’t have the required legal capacity. AcTEC shall not be liable under any circumstances whatsoever of any damages arising from the use of the Service by underage persons or by persons that do not have the required legal capacity to enter into agreements.
4. USE OF THE CHARGING SERVICE
4.1. Features of the Service
4.1.1. The Users can use the Charging Service by means of the Devices they have access to, and in each case, pursuant to the conditions established by the person who manages such Devices. The Devices are designed to collect data and information aimed to optimize the management of the electric charging by the Users of the Service, but only Users registered pursuant to these General Terms and Conditions may benefit from the smart charging management system.
4.1.2. In order to improve the Service, AcTEC may unilaterally change at any time and without notice any component and/or element of the Service, or its operation, technical and use conditions. Likewise, in order to improve the Service the Users may suggest AcTEC any changes that they deem useful, as well as to obtain any additional information or solve their doubts, complaints or suggestions, by contacting AcTEC at the email address indicated in the header of these General Terms and Conditions, albeit this does not imply any obligation for AcTEC.
4.2. Accessing the Charging Service via the Application and Portal
4.2.1. AcTEC shall provide Clients with the Application for accessing and using the Charging Service on smartphones, tablets, smart watches and any other mobile device (hereinafter 'Mobile Devices'). The Application shall be available for download in the version for iOS systems via the corresponding app store that provides information about the Charging Service by including a description, functionalities and characteristics of the Application and other technical requirements necessary for its installation and use.
4.2.2. Once downloaded via the Application or Portal and, where applicable, with the corresponding purchased Device, the User may register and create his/her 'myAcTEC' Account, under any of the Subscription Plans offered by AcTEC and following the provided instructions, which shall enable access to the Charging Services requiring prior registration.
4.3. Licence for the use of the Charging Service
4.3.1. By registering a "myAcTEC" Account, the Client will obtain a licence to use the Charging Service, the content and scope of which will in each case be determined by the Subscription Plan purchased. Registration for the Charging Service will automatically entail the application of the terms and conditions of the Basic Subscription Plan, although the Client will have other payment methods for use of the Charging Service, which will apply as of the date on which the purchase of the corresponding Subscription Plan takes effect. The Charging Service will be provided in accordance with these General Terms and Conditions and, where applicable, the specific terms and conditions of the Subscription Plan purchased and, where such contracts exist, in accordance with the terms and conditions of specific contracts that have been entered into between the Client and AcTEC.
4.3.2. AcTEC may perform solvency and credit checks on the Client within the limits specified by law and, depending on the outcome of the same, may refuse to allow the Client to purchase the Charging Service or, where appropriate, lay down special conditions for said Client.
4.4. Prices, invoicing and payments
4.4.1. As far as the payment methods are concerned, the Client must pay the price set with respect to the Subscription Plan purchased from AcTEC based on the respective fees established as of the date it is purchased. Except where the Client has agreed special conditions with WALLBOX, the billing terms and terms under which the Client effects payment of the price will be as set out in the specific conditions of the Subscription Plan purchased.
4.4.2. Any complaints about the invoices issued for the purchased Subscription Plan must be sent to AcTEC at the following email address: info@actec.com.cn.
4.5. Changes to and/or cancellation of the Subscription Plan
4.5.1. The Client may request and obtain an upgrade or a downgrade of the features corresponding to the purchased Subscription Plan, so that they enable him/her to use the specific functionalities of each Subscription Plan. The upgrade of a Subscription Plan will entail an increase in the features, such as the possibility of enabling a Device to make it available for Paid-For Charging. Where there is a request for the reduction of the Subscription Plan, the features purchased will be restricted, in which case the Client must adapt his Account to the new limitations applied (inter alia, number of Users and Devices added to his "myAcTEC" Account).
4.5.2. AcTEC may cancel a Subscription Plan, immediately and in advance, should the Client: a) repeatedly fail to comply with the obligation to pay the price corresponding to the Subscription Plan purchased; b) be declared insolvent or in bankruptcy, dissolution or liquidation; c) make use of the Charging Service in a manner that is found to be unlawful, improper or contrary to good faith; and/or d) cause any damage whatsoever to the Service and/or to the elements thereof.
4.6. Paid-For Charging
4.6.1. For Subscription Plans that include this functionality, ACTEC offers the Client under the Subscription Plan purchased the option to provide for Charging Service Users who have an active "myAcTEC" Account to use the Client's network of Devices to secure the availability of and to manage the Charging Service, either with free, public access, without the need for authorisation from the Client, or with restricted access, limited to expressly authorised Charging Service Users. Through the Paid-For Charging system, the Client may secure a reimbursement or monetise the charging sessions completed by Charging Service Users through the network of Devices managed by the Client who offers such Paid-For Charging.
4.6.2. The Client may configure the use of Devices allowing for Paid-For Charging, with either public or restricted access, based on various settings, and this will include configuring the payment methods, the energy cost and the Charging Fee. Depending on the configuration settings applied by the Client, Charging Service Users may pay for each charging session completed by them using the prepaid or postpaid method, or using the method of cumulative payment with a set frequency as established by AcTEC, provided that the Client has signed the User concerned up in the list of Charging Service Users that have this option enabled. The payment method to be applied to each charging session will be communicated to the Charging Service User before the charging session is completed. Payment shall be made via the Application itself or any other means of payment that AcTEC may determine.
4.6.3. In addition to being subject to the provisions of these General Terms and Conditions, Charging Service Users’ use of Devices for Paid-For Charging will be subject to the specific conditions laid down by the Client.
4.6.4. Beyond the services provided and undertakings assumed in relation to the Charging Service, AcTEC does not offer any guarantee in relation to the availability, features and operation of any network of Paid-For Charging Devices that the Client might make available to Charging Service Users.
4.7. Illegal use of the Charging Service
4.7.1. Clients undertake to not use the Charging Service for illegal purposes that are contrary to the provisions of the General Terms and Conditions, detrimental to the rights and interests of AcTEC or third parties, or that may, in any way, damage or deteriorate the image or reputation of AcTEC, or prevent the normal use or benefit of the Charging Service.
4.7.2. The Client may only use the Charging Service for personal purposes and in accordance with the scope specified in these General Terms and Conditions. The Client shall not carry out any activity that may cause harm to the Service and/or its operation and development. In addition to the above, in particular, but without limitation to, the Client shall not use the Charging Service:
● to harass or disturb other persons and/or violate their privacy;
● to impersonate other users or third parties;
● to spy on other users or third parties:
● to disclose to third parties the location of other users;
● to diminish the reputation, image and honour of other users or third parties;
● for advertising purposes, in order to promote its own or third-party products, services, or activities, without obtaining prior express authorisation from AcTEC.
4.7.3. The Client is not permitted to fully or partially transfer its rights and obligations pursuant to these General Terms and Conditions without the prior and express written authorisation of AcTEC.
4.7.4. AcTEC reserves the right to block access to or even delete the Client's Account, and take any necessary legal action if the Client breaches the provisions of these General Terms and Conditions
5. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
5.1. The Service, the Charging Service, the Website, the Portal, the Application and the Devices, as well as all the components and/or elements integrated or that are a part of them, including but not limited to, devices, technologies, source code, designs, texts, trademarks, logos and images, are protected by intellectual and industrial property rights. AcTEC is the owner and right holder of the relevant intellectual and industrial property rights and/or has obtained for their use the relevant authorizations or permits from the third parties that are the owners thereof. AcTEC expressly reserves such exclusive rights, which shall not be used or exploited in any way whatsoever that implies a violation of the China, EU or international intellectual and/or industrial property laws, without AcTEC’s prior express authorization.
5.2. AcTEC shall also be the owner of the industrial and intellectual property rights in any amendments or improvements to the Service, or to its components and/or elements, as a result of the use experience of the Service, including those that arise from suggestions and/or comments made by the Users.
5.3. The User must refrain from eluding any measure or device implemented to guarantee the intellectual and industrial property rights of the Service and/or any of its components and/or elements.
6. PRIVACY POLICY/p>
Before accepting this Agreement, please read all the contents of this Agreement carefully and fully understand the terms and conditions, especially the limitation or exemption clauses. The limitation or exemption clauses will be highlighted to you in bold or other conspicuous form. If you have any questions about the terms of this Agreement, please contact Xiamen AcTEC Electronics Co., Ltd.. You have no right to use the Service unless you have read and accepted all the terms and conditions of this Agreement and the relevant agreements and Rules. Once you select "Agree to the Agreement and Submit" (as detailed on the Registration page) and complete the registration process, or you use the Service in any way, you are deemed to have read and agreed to be bound by the above agreement, Rules, etc.
In case of any violation of this Agreement by you, Xiamen AcTEC Electronics Co., Ltd.hall have the right to unilaterally restrict, suspend or terminate services provided to you at any time based on your violation, and shall have the right to hold you responsible.
This Service Agreement (hereinafter referred to as "This Agreement") is signed by you and Xiamen AcTEC Electronics Co., Ltd.. Including but not limited to: Privacy Policy of Xiamen AcTEC Electronics Co., Ltd.. If there is any change, Xiamen AcTEC Electronics Co., Ltd.. will announce it by sending a message in the licensed software without prior notice. The modified Agreement and Rules shall automatically become a part of this Agreement upon publication without further notice to you. If you do not agree to the changes, please immediately stop the service of Xiamen AcTEC Electronics Co., Ltd.. If you continue to use, you shall be deemed to have no objection to the revised rules and agree to abide by them.
6.1. Definition of nouns
6.1.1. Licensed Software: refers to the software system provided by Xiamen AcTEC Electronics Co., Ltd.. for you to download, install and use in the limited mobile terminals of the system.
6.1.2. Service: Design model for Xiamen AcTEC Electronics Co., Ltd. and its suppliers provided service for you. You can use the service on the mobile terminal through the licensed software.
6.2. The service
6.2.1. Xiamen AcTEC Electronics Co., Ltd.. and its suppliers provide you with intelligent living equipment management services. You can control and connect to the intelligent terminals of the supplier cloud platform of Xiamen AcTEC Electronics Co., Ltd.. through Xiamen AcTEC Electronics Co., Ltd.. and realize linkage between intelligent devices. Services include intelligent device management, scenario linkage, and analysis reports. These functions and services may be optimized or modified based on your requirements or the unilateral judgment of the service provider. Services may also be temporarily stopped due to periodic or irregular maintenance.
6.3. Scope of service
6.3.1 Subject to this Agreement, Xiamen AcTEC Electronics Co., Ltd.. grants you the right to use the licensed software.
6.3.2 You shall not license, sell, lease, transfer, distribute or otherwise use the Licensed Software in any form.
6.3.3 Design model for licensed software was designed to fit platform and terminal restrictions. You could only use licensed software on licensed system platforms and terminals. If you installed the licensed software on other terminals, it might damage your hardware or software functions.
6.3.4 You should understand that the Licensed Software can only be used for non-commercial purposes, and you should not install, use or run the Licensed Software for commercial purposes.
6.3.5 Xiamen AcTEC Electronics Co., Ltd.. and its suppliers may change, upgrade or transfer the licensed software and its related functions from time to time, and may add new functions or services to the licensed software system. If there is no independent agreement for the above new functions and services, you may still obtain the authorization of the corresponding functions and services, and this Agreement shall apply.
6.3.6 You shall be responsible for the accuracy, reliability, completeness and legality of the input data and the legality of the way you obtain the data, and you shall back up the data and materials regularly. You assume all risks for damage and loss of such data.
6.3.7 You should keep your account and password properly. If you find any security risks in your account (including but not limited to user password leakage), you should inform Xiamen AcTEC Electronics Co., Ltd.. Xiamen AcTEC Electronics Co., Ltd.., and Xiamen AcTEC Electronics Co., Ltd.. will assist you to take relevant measures. Otherwise, you will be responsible for all actions under your account and assume all responsibilities.
6.4. Third Parties
6.4.1 You are aware that some services of Xiamen AcTEC Electronics Co., Ltd.. and its suppliers may be obtained based on software or services provided by a third party, and that such services are set up for your convenience and are legally authorized by such third party.
6.4.2 This product contains some information and services of the third party. Xiamen AcTEC Electronics Co., Ltd.. and its suppliers do not control the information and services of third parties.
6.4.3 you understand and technetium electronics technology co., LTD., xiamen and its suppliers is no guarantee that the licensed software will permanently use or contain any such third party service, there is no guarantee that the future will also continue to use the same software or other services provided by a third party, at the same time may also use other similar services, third party once enabled, the corresponding software or service also apply to this agreement.
6.5. The use of service specifications
6.5.1 You shall regulate the use of the Licensed Software, which is violated by:
1) publishing or sharing computer viruses, worms, malicious code, software that intentionally destroys or changes computer systems or data;
2) Collect other users' information or data, such as email address, without authorization;
3) Malicious use of this product in an automated way to cause excessive burden to servers or otherwise interfere with or damage website servers and network links;
4) Attempts to access the server data or communication data of the product without authorization;
5) Interfering with or damaging the use of other users of the product.
6.5.2 You understand and agree that:
1) Xiamen AcTEC Electronics Co., Ltd.. will determine whether you are suspected of violating the above use specifications, and according to the determination result, suspend or terminate the license to use you or take other restrictive measures according to the agreement.
2) Xiamen AcTEC Electronics Co., Ltd.. will directly delete any information that you publish during the use of the licensed software that is suspected of being illegal or violating the legal rights of others or this Agreement.
3) For any damage caused to any third party by your violation of the above rules of use, you shall bear the legal liability independently in your own name and ensure that Xiamen AcTEC Electronics Co., Ltd.. does not incur any loss or increase in costs, otherwise please enter the company name and have the right to recover from you.
4) If Xiamen AcTEC Electronics Co., Ltd. and its suppliers suffer any loss due to your violation of relevant laws or provisions of this Agreement, you shall compensate Xiamen AcTEC Electronics Co., Ltd. and its suppliers for the loss and/or expenses incurred thereby.
6.6. Information content specification
6.6.1 You promise that you will not use the Service for any illegal or improper activities, including but not limited to the following:
6. 6.1.1 Upload, transmit or share information containing one of the following:
1) oppose the basic principles established in the Constitution;
2) Endangering national security, disclosing state secrets, subverting state power or undermining national unity;
3) damage national honor and interests;
4) inciting ethnic hatred, ethnic discrimination and destroying ethnic unity;
5) Those who undermine the state's religious policies and preach evil cults and feudal superstitions;
6) Spreading rumors, disturbing social order and undermining social stability;
7) disseminating obscenity, pornography, gambling, violence, murder, terrorism or abetting crimes;
8) Insult or slander others or infringe upon the legal rights of others;
9) Contains false, fraudulent, harmful, coercive, invasion of others' privacy, harassment, infringement, slander, vulgar, obscene, or other morally objectionable content;
10) contains other contents restricted or prohibited by applicable laws, regulations, rules, regulations and any norms having legal force.
Privacy Policy and Data
6. 7.1 Protection of your personal information is very important to Xiamen AcTEC Electronics Co., Ltd.. Xiamen AcTEC Electronics Co., Ltd.. has formulated the Privacy Policy of Xiamen AcTEC Electronics Co., Ltd.. to disclose the ownership and protection of intellectual property, your information collection, use, sharing, storage, protection and other aspects of the relationship. You are advised to read the Privacy Policy of Xiamen Technetium Electronics Co., LTD in its entirety.
Viii. Disclaimer Clause
6.8.1 Unless expressly provided by laws and regulations, Xiamen AcTEC Electronics Co., Ltd.. will try its best to ensure that the licensed software and the technology and information involved are safe, effective, accurate and reliable. However, limited by the existing technology, Xiamen AcTEC Electronics Co., Ltd.. cannot guarantee this.
6.8.2 You understand that Xiamen AcTEC Electronics Co., Ltd.. is not responsible for your direct or indirect losses caused by force majeure and third party reasons.
6.8.3 Design model for personal injury or collateral, indirect damages caused by or in connection with any of the following is at your own expense:
1) Unauthorized use of licensed software by third parties or changes to your data;
2) Expenses and losses arising from the use of the licensed software;
3) Your misunderstanding of the licensed software;
4) Other losses related to the licensed software not caused by the application to Xiamen AcTEC Electronics Co., Ltd..
6.8.4 the developed by xiamen and technetium electronics technology co., LTD., or authorized by the xiamen and technetium electronics technology co., LTD developed and the official launch of any other software are illegal, derived from licensed software download, installation and use of such software, can lead to unpredictable risks, the resulting liability and dispute has nothing to do with xiamen and technetium electronics technology co., LTD., Xiamen AcTEC Electronics Co., Ltd.. reserves the right to suspend or terminate the license and/or all other services.
6.8.5 You are aware that the use of Xiamen AcTEC Electronics Co., Ltd.upplier cloud platform involves Internet services and may be affected by unstable factors in various links. The service may be due to the Internet and electronic communications inherent defects and any party cannot reasonable control the time of this agreement (including not limited to, fire, flood, terrorist attacks, plague, natural disasters, riots, terminal virus, hacker attacks, network fault, terminal) and suspension, interruption, delay, cannot use restrictions or use. You hereby undertake the above risks and agree that Technetium Xiamen Electronic Technology Co., Ltd. shall not assume any liability to you if the actual occurrence of the above risk events affects the normal operation of the service.
Ix. Liability for termination of the Agreement and breach of Contract
6.9.1 You should understand that you need to use the Licensed Software in accordance with the scope of the license, respect the intellectual property rights of the Licensed Software and the contents of the Licensed Software, use the licensed Software in accordance with the regulations, and perform your obligations as set forth in this Agreement. If you seriously violate this Agreement, Xiamen AcTEC Electronics Co., Ltd.. will terminate your license and require you to take corresponding responsibilities.
6.9.2 Your use of the licensed Software depends on the supporting services provided by Xiamen AcTEC Electronics Co., Ltd. and its suppliers. If you violate the terms, agreements, rules, notices and other relevant provisions with Xiamen AcTEC Electronics Co., Ltd. and its suppliers, you may be unable to use the licensed software normally. Xiamen AcTEC Electronics Co., Ltd.. has the right to terminate the license or take restrictive measures on your license and other rights and interests controlled by Xiamen AcTEC Electronics Co., Ltd.. in the way agreed herein, including suspending or terminating the license to your use.
6.9.3 If you violate this Agreement or other agreements with Xiamen AcTEC Electronics Co., Ltd.., Xiamen AcTEC Electronics Co., Ltd.. and its suppliers shall have the right to take restrictive measures against your rights and interests, including suspending or terminating some or all of the services provided to you. And publish your breach of contract on the website operated or actually controlled by Xiamen AcTEC Electronics Co., Ltd.. and its suppliers in accordance with the law.
6.9.4 The Licensed software is downloaded by you from the download platform, and you need to abide by the provisions of the download platform, system platform and terminal manufacturer on the way and restrictions of using the licensed software. If the above third party confirms that you violate the provisions and need Xiamen AcTEC Electronics Co., Ltd.and its suppliers to handle, Xiamen AcTEC Electronics Co., Ltd.. may terminate your license due to the request of a third party.
6.9.5 Upon termination of this License, you shall stop using the Licensed Software and destroy all copies.
6.9.6 If you breach the terms of this Agreement and cause any loss to Xiamen AcTEC Electronics Co., Ltd.., its suppliers or other users, you shall be fully liable for compensation.
Governing law and severability
6.10.1 The validity, interpretation, variation, execution and dispute resolution of this Agreement shall be governed by the laws of the People's Republic of China. In the absence of relevant laws, general international business practices and/or industry practices shall be referred to.
6.10.2 Any dispute arising out of or in connection with this Agreement may be settled by you and Xiamen AcTEC Electronics Co., Ltd.. through friendly negotiation or submitted to the people's court with jurisdiction at the place where this Agreement is signed for adjudication.
6.10.3 If any provision of this Agreement is ruled invalid by the People's court having jurisdiction, it shall not affect the validity of other provisions or any part thereof, you and Xiamen AcTEC Electronics Co., Ltd.. shall still perform in good faith.
6.10.4 This Agreement is signed at Xiamen AcTEC Electronics Co., Ltd..
7. SECURITY OF THE SERVICE
7.1. AcTEC undertakes to implement in the Service as a whole any appropriate and sufficient technical and operative measures required to guarantee the security of the User’s personal data, ensuring their confidentiality and preventing their tampering, impairment or loss.
7.2. AcTEC is under no obligation to verify the presence of viruses, worms or any other computer element that could be harmful, or destructive or damaging. It is the responsibility of the User to arrange or implement in the devices used for the access and use of the Service (computers and Mobile Devices) the relevant tools for the detection, protection and removal of malware or any harmful computer program. Therefore, AcTEC is not liable for the damages caused to the Users’ or third parties’ equipment for the use of the Service.
8. SENDING CONFIDENTIAL INFORMATION THROUGH THE SERVICE
8.1. Any information sent by the User through the Service shall be treated with the due confidentiality and respect. That notwithstanding, AcTEC can delete such information if it is deemed offensive or inappropriate, as well as allow the competent Courts and Authorities to access such information whether required, provided such access complies with the laws in force.
9. TECHNOLOGICAL LIMITATIONS
9.1. Eventually, the Service may be temporarily disrupted due to maintenance works. Likewise, AcTEC warns that, in addition to the aforesaid disruptions, there are many elements that can affect the operation of the Service, such as, but not limited to, environmental conditions, network overload, connectivity, third parties’ software, etc.
10. LINKS TO THE SERVICE FROM THIRD PARTIES’WEBSITES
10.1. Links may be included in third parties’ websites or applications that direct to contents in the Website, provided it is obvious that they link to a different website. Under no circumstance must these links to the Website be inserted in a website or application that has illegal or unlawful contents, or goes against good faith. Such links are not allowed either in websites or applications with strong sexual contents or with violence. Likewise, and by way of example, links must not be inserted in websites or applications with xenophobic, discriminatory or pornographic contents or offensive against human dignity.
11. DISCLAIMERS
11.1. AcTEC is not liable for decisions taken by the Users as a result of the information offered by the Service, regardless of its origin, nor for the damage caused to the Users or third parties by the use of the Service.
11.2. AcTEC is not liable either for the speed, browsing quality and use of and access to the Service by the User, which depends from the technical conditions purchased by the User with its access provider. Therefore AcTEC shall not be liable for the impossibility, suspension or cancellation of the access to the Service or connection issues in the network used to access the Service and disruptions due to third parties. AcTEC is not liable either for the continuity and availability of the Service when it cannot be guaranteed for reasons beyond AcTEC control.
12. ENTRY INTO FORCE, DURATION AND AMENDMENT OF THE GENERAL TERMS AND CONDITIONS
12.1. These General Terms and Conditions will be in force as long as the User keeps his/her “myAcTEC” Account active and/or makes use of the Service through the Basic Subscription Plan.
12.2. Nevertheless, AcTEC reserves the right to amend these General Terms and Conditions applicable to the use of the Service at any time, that shall be in force and applicable from the moment of their publication.
12.3. The reading and revision of the General Terms and Conditions shall be the User’s responsibility every time he/she purchases and/or uses the services provided via the Website, the Portal or the App. The access and/or use of the Service via the Website, the Portal, or the App, entails that the User accepts the General Terms and Conditions that are in force at any time, having always access to them.
13. WRITTEN COMMUNICATIONS
13.1. By accepting these General Terms and Conditions, the User accepts that most of the communications with AcTEC will be electronic. AcTEC will contact the User by electronic mail or by displaying notices in the Service. The User accepts the use of these electronic means of communication and acknowledges that any notice, information, and other communications electronically sent by AcTEC comply with the statutory requirement of being in writing.
14. APPLICABLE LAWS AND JURISDICTION
14.1. These General Terms and Conditions shall be governed by the laws of China without prejudice to the consumers and user’s protection laws that could result applicable.
14.2. In the event of any dispute arising from the provision of the Service, the parties expressly waive their right to any other venue or jurisdiction to which they could be entitled and agree to submit to the Courts of Xiamen city, China.
15. USER SERVICE
15.1. If the User wants to contact with the customer service, he/she can use the following means:
E-mail: info@actec.com.cn
Phone number: + 86 591 88073888