1. THE SERVICE AND ITS PROPRIETOR
ONESTO EV CHARGERS, S.L. (hereinafter “ONESTO”) is a company with Tax Id. Number 913303827743731186, with registered office at WenZhou Bridge Industrial zone YueQing City ZheJiang Province ( 4THFlOOR 1ST WORKSHOP FACTORY KALAMATLUO GARMENT CO., LTD.) and email address onesto@onestoelectric.com .
ONESTO is the proprietor of a service aimed at operating smart devices for charging electric vehicles, which includes the devices belonging to the 'EVB3' 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.onesto.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.
2.3. Charging Service User:a User who, after having created a “my ONESTO” 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 ONESTO 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 ONESTO 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 ONESTO 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.onesto.cn, including all its versions in the languages used by ONESTO.
2.8. Application: the most recent version of the application for ONESTO’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 settings.
2.9. Connectivity: the means of connection to Devices made available to Clients for the electrical charge of vehicles. ONESTO also allows you to connect to Devices both offline, using Bluetooth, or online, using Ethernet, Wi-Fi and 3G/4G networks. Users can connect via the Application, from the Clients’section.
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 “my ONESTO” 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 ONESTO.
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 ONESTO’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 ONESTO 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 ONESTO 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 “my ONESTO” 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 "my ONESTO" Account.
3.6. 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.
3.7. 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.
3.8. 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. ONESTO 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, ONESTO 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 ONESTO any changes that they deem useful, as well as to obtain any additional information or solve their doubts, complaints or suggestions, by contacting ONESTO at the email address indicated in the header of these General Terms and Conditions, albeit this does not imply any obligation for ONESTO.
4.2. Accessing the Charging Service via the Application and Portal
4.2.1. ONESTO 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 'my ONESTO' Account, under any of the Subscription Plans offered by ONESTO and following the provided instructions, which shall enable access to the Charging Services requiring prior registration.
4.3. Illegal use of the Charging Service
4.3.1. 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 ONESTO or third parties, or that may, in any way, damage or deteriorate the image or reputation of ONESTO, or prevent the normal use or benefit of the Charging Service.
4.3.2. 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 ONESTO.
4.3.3. 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 ONESTO.
4.3.4. ONESTO 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. ONESTO 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. ONESTO 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 ONESTO’s prior express authorization.
5.2. ONESTO 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
ONESTO and its affiliates (collectively, “we” and “us”) are committed to protecting your privacy. This Privacy Policy (“Policy”) describes how we process personal data and protect information privacy during your use of the following services, products and related mobile applications (collectively, “Products”).
ONESTO Applications
In this Policy, “personal data” means information that can identify an individual, either alone or in combination with other information. “Smart devices” means non-standard computing devices that have a human-machine interface and can transmit data over a wireless network, including smart home appliances, smart wearable devices, smart air purification devices, etc., produced or manufactured by hardware manufacturers. “Applications” means mobile applications provided by ONESTO that enable end users to remotely control smart devices and connect to the supplier’s Internet of Things (IoT) platform.
For mobile applications of other brands powered by ONESTO, our customers will decide what personal data to collect through our Products. We collect information based on our customers’ requests, and the processing of such information is limited to providing the services agreed between our customers and us. If you are a user of our customers and you do not want to be contacted by customers using our services, please contact the customer directly and inform them of your request.
What personal data we collect
In order to provide you with our services, we will ask you to provide the personal data necessary for such services. If you do not provide personal data, we may not be able to provide you with our products or services.
6.1.1. Information you voluntarily provide to us
Account or profile data: When you register for an account with us, we may collect your name and contact information, such as your email address, phone number, user name, and login credentials. During your interaction with our products, we may further collect nicknames, avatars, country codes, language preferences, or time zone information in your account.
Feedback: When you use the feedback and suggestion features in our products, we will collect your email address, mobile phone number, and feedback content so that we can handle your questions and device failures in a timely manner.
6.1.2. Information we collect automatically
Device information: When you interact with our products, we automatically collect device information, such as the device's MAC address, IP address, wireless connection information, operating system type and version, application version number, push notification identifier, log files, and mobile network information.
Usage data: During your interaction with our websites and services, we automatically collect usage data related to visits, clicks, downloads, sending/receiving messages, and other use of our websites and services.
Log information: When you use our applications, system and exception logs may be uploaded.
Location information: When you use our specific products or services (such as home location, weather, scene automation and other features), we may collect real-time precise or non-precise geolocation information about you.
6.1.3. Information related to smart devices:
Basic information of smart devices: When you use smart devices connected to our products or services, we may collect basic information about the smart devices, such as device name, device ID, online status, activation time, firmware version and upgrade information, etc.
Information reported by smart devices: Depending on the different smart devices you choose to connect to our products or services, we may collect information reported by your smart devices. For example, the on/off status of the device.
Purposes and legal basis for processing personal data
We process your information for the following purposes:
Provide you with services: We process your account and profile data, device information, usage data, location information, and smart device-related information to provide the products and services you request or purchase. The legal basis for such processing is to perform our contract with you in accordance with our Terms of Use.
Improve our services: We process your device information, usage data, location information, and smart device-related information to ensure the functionality and security of our products, develop and improve our products and services, analyze our operational efficiency, and prevent and track fraud or improper use. The legal basis for such processing is to perform our contract with you in accordance with our Terms of Use.
Terms of Use To perform our contract with you.
Compliance: We process your personal data as we deem necessary or appropriate to:
(a) comply with applicable laws and regulations;
(b) comply with legal process;
(c) respond to requests from public and governmental authorities;
(d) enforce our terms and conditions;
(e) protect our operations, business and systems;
(f) protect the rights, privacy, safety or property of us and/or other users, including you;
(g) pursue available remedies or limit damages we may be required to pay.
Who do we share your personal data with?
ZheJiang ONESTO Electric CO.,LTD. only shares your personal data with you with your knowledge. We may share your personal data with the following parties:
Disclose your personal data to third-party service providers who provide certain business-related services to us, such as website hosting, data analysis, payment and credit card processing, infrastructure provision, IT services, customer support services, email delivery services, and other similar services to enable them to provide services to us. Disclose your personal data to customers and other business partners who directly or indirectly provide you with smart devices and/or the networks and systems you use to access and use our websites and services.
Disclose your personal data to affiliates or other third parties in the event of a reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or part of our business, assets or stock (including, without limitation, in connection with any bankruptcy or similar proceedings). In such cases, you will receive clear notice of ownership changes, incompatibility of new uses of your personal data, and choices regarding your personal data via email and/or our website.
Where we deem necessary or appropriate:
(a) to comply with applicable laws and regulations;
(b) to comply with legal process;
(c) to respond to requests from public and government authorities, including those outside your country of residence;
(d) to enforce our terms and conditions;
(e) to protect our operations, business and systems;
(f) to protect the rights, privacy, safety or property of us and/or other users, including you;
(g) to pursue available remedies or limit damages we may be required to provide. Disclose your personal data to our subsidiaries or affiliates to carry out regular business activities.
In addition to the third parties mentioned above, we will only disclose your personal data to other third parties with your consent.
International Transfers of Collected Information
To facilitate our operations, we may transfer, store, and process your personal data in jurisdictions other than where you live. These countries may have different data protection laws.
Rights Related to Personal Data
We respect your rights while we handle your personal data. You can exercise any of the following rights:
Through the "Personal Data - Personal Center" in our products
You do not need to pay any fees and we will respond within 30 days. If you decide to send us a request by email, please specify what information you would like to change, whether you would like your personal data to be removed from our database, or what restrictions you would like us to have on our use of your personal data. Please note that for security reasons, we may ask you to verify your identity before further processing your request.
You can:
Request access to the personal data we process about you;
Request us to correct inaccurate or incomplete personal data about you;
Request deletion of your personal data;
Request temporary or permanent restrictions on our processing of some or all of your personal data;
Request that we process your data based on your consent or a contract with you, and transfer your personal data to you or a third party when we automatically process your data;
Oppose or refuse our use of your personal data when we use your personal data based on your consent or our legitimate interests.
Security measures
We take commercially reasonable physical, administrative and technical safeguards to maintain the integrity and security of your personal data. ZheJiang ONESTO Electric CO.,LTD. provides a variety of security strategies to effectively ensure the data security of users and devices. In terms of device access, we ensure data security, access authentication and authorization application. In terms of data communication, we support communication using secure algorithms and transmission encryption protocols as well as commercial-grade information encryption transmission based on dynamic keys. In terms of data processing, strict data filtering and verification and a complete data review process are adopted. In terms of data storage, all confidential information of users will be securely encrypted for storage. If for any reason you believe that your interaction with us is no longer secure (for example, if you believe that the security of your ZheJiang ONESTO Electric CO.,LTD. account has been compromised), please let us know immediately by sending an email to onesto@onestoelectric.com.
Data Retention Period
We will process your personal data for the minimum period necessary to fulfill the purposes described in this policy, unless a longer retention period is required under specific legal requirements. We will determine the appropriate retention period based on the amount, nature and sensitivity of the personal data, and we will destroy your personal data after the retention period ends. If we are unable to destroy the data for technical reasons, we will take appropriate measures to prevent your personal data from further use.
Notice of Policy Changes
We may update this policy in light of changes in our information practices. If we make any significant changes, we will notify you by email (sent to the email address specified in your account) or by posting a notice on the mobile application before the change takes effect. We recommend that you review this page regularly for the latest information on our privacy practices.
7. SECURITY OF THE SERVICE
7.1. ONESTO 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. ONESTO 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, ONESTO 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, ONESTO 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, ONESTO 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. ONESTO 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. ONESTO 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 ONESTO 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. ONESTO is not liable either for the continuity and availability of the Service when it cannot be guaranteed for reasons beyond ONESTO 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 “my ONESTO” Account active and/or makes use of the Service through the Basic Subscription Plan.
12.2. Nevertheless, ONESTO 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 ONESTO will be electronic. ONESTO 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 ONESTO 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 YueQing city, China.
15. Contact Us
If you have any questions about our practices or this policy, please contact us through the following methods:
ZheJiang ONESTO Electric CO.,LTD.
Address: WenZhou Bridge Industrial zone YueQing City ZheJiang Province ( 4THFlOOR 1ST WORKSHOP FACTORY KALAMATLUO GARMENT CO., LTD.)
Email: onesto@onestoelectric.com