Persönliche Datenschutzrichtlinie

Terms and Conditions for the Use of CHINT POWER Official Website

I. Scope of Application

(1) These Terms and Conditions govern the access to and use of webpage aftersales services offered by CHINT POWER with its functionalities, data and services. CHINT POWER enables the use of such webpage within the scope of the technical and operational possibilities available to the User.

(2) CHINT POWER may use services of independent third parties, so-called third-party services, in connection with the provision of using customer account services. These can be those data storage services providers such as Microsoft, AWS…... These third party services are not services of CHINT POWER.

(3) The official webpage of CHINT POWER is: https://en.chintpower.com

II. Formation of contracts, use and registration

(1) In order to use the aftersales services on webpage, the User must register a customer account into webpage of CHINT POWER as a registered user and have successfully registered and maintained his solar system. To use such service of webpage of CHINT POWER, it is necessary for the users to provide data relating to aftersales such as product serial number, telephone number of clients, location and name of solar system via a registered account on webpage. Therefore, the User acknowledges these Terms of Use as a usage agreement formed between the User and CHINT POWER in accordance with these Terms of Use. The User may print the Terms and Conditions.

(2) The use of the services on webpage is available to the User as described in paragraph II.1 once the User has successfully registered a customer account and accepts the terms and conditions by click “consent” of a jumping windows box along with this terms and conditions.

(3) The function of such customer account is for users to report malfunctioned inverter products along with their solar plant data such as name, location, contact information. The data is hosted on a local server located in Hongkong Special Administrative Region(HKSAR), but CHINT POWER employees have access to this data.

(4) To gain access to custom account, the User must log in with its email address along with his designated password. This e-mail address also serves as the User name for the user to log into its custom account. One email address can only have one password.

(5) Before register the custom account, the User has the option to view the Terms and Conditions online and either print them or save them to a durable medium.

(6) Use of the customer account on webpage may require a mobile data connection. Depending on the usage behavior, the app may consume a high data volume. The user bears any costs incurred by the user's service provider as a result.

III. Duties and Obligations of the Contracting Parties

(1) The User undertakes to use its customer account only in accordance with its intended use. The User is prohibited from passing on the access data or using the login name or password of another user. Should such a case occurs, CHINT POWER has the right to temporarily block the account until security is restored. In general, the User is liable for all activities that take place using his account, if he has acted intentionally or negligently. In the event of loss or suspected misuse of the access data, the User is obliged to inform CHINT POWER immediately and to change the access data. In the event of loss or suspected misuse of the access data, CHINT POWER must be informed immediately, and the access data must be changed. CHINT POWER is entitled to take necessary countermeasures and, in the event of misuse, to exclude the User concerned from further use as soon as CHINT POWER becomes aware thereof. In particular, misuse occurs if the User violates the obligations from this contract, uses such customer account for illegal purposes or carries out electronic attacks via customer account and webpage, or other users, such as hacking or spreading viruses, worms or trojans. In the event that unauthorized knowledge of personal data is obtained through third party behavior, liability is excluded to the extent that such knowledge is not due to the fault of CHINT POWER.

(2) CHINT POWER is required to secure its systems and webpage against virus attack. However, CHINT POWER cannot completely exclude the possibility of a virus attack. In the case of messages sent to the User with the name of CHINT POWER, the User must always check the sender's address first before opening the message.

(3) CHINT POWER assumes no liability for damage or loss of data that may result from the installation of software not provided by CHINT POWER on the User's electrical devices.

(4) It is the User's responsibility to keep his electrical devices in a good condition that allows the use of the services. However, due to the large number of network operators, mobile end devices and operating system versions, smooth functioning cannot be guaranteed on all end devices; in particular, CHINT POWER cannot guarantee error-free functionality with outdated operating systems. Therefore, CHINT POWER advises the User to inform himself about the compatibility with his end devices or his operating system versions before using the services.

(5) In case of malfunctions of the webpage, the User may contact CHINT POWER via the following e-mail address: it.chintpower@chint.com

IV. Changes in content and specifications

(1) CHINT POWER reserves the right to modify, change, delete or completely discontinue the design and content of using the services. The User has no claim that a certain state or functional scope is maintained or brought about.

(2) CHINT POWER endeavors to keep its webpage and registered customer account always in a flawless condition that corresponds to the current state of the art. However, CHINT POWER cannot guarantee that they are completely error-free.

V. Liability

(1) In the case of the provision of free services, the liability of CHINT POWER, its legal representatives as well as vicarious agents - irrespective of any legal grounds - is limited to cases of intentional or grossly negligent actions or omissions, section 3 remains unaffected.

(2) The limitations of liability according to clause V.1. shall not apply to the following cases:

The limitations of liability according to clause V.1. shall not apply to the following cases:

a) In case of injury to life, body or health, or

b) in the event that CHINT POWER has assumed a guarantee of quality, or

c) in the case of fraudulent concealment of a defect by CHINT POWER,

d) for claims of the User according to the Product Liability Act.

(3) The User is solely responsible for verifying the content of the results obtained from the use of the Services and their suitability for the specific purpose of the intended use. The yield data provided are informative only and are shall not be used for billing purposes or to prove claims regarding the power feed-in to grid operators.

(4) The functions of customer account are provided with reasonable availability. However, the User has no right to constant availability of customer account or a data availability of 100%.

VI. Restrictions on Use, Termination

(1) The provided customer account on webpage as well as the services accessible through it were developed by CHINT POWER and are protected by copyright. All rights of use and exploitation are owned by CHINT POWER.

(2) The User is only granted a right to use customer account in accordance with the provisions of Clauses II.1. and III.

(3) The User commits the data provided into customer account either belongs to the User itself or legally authorized by the definitive data subjects to guarantee the source of data comply with the mandatory requirements of the law. CHINT POWER will endeavor its best efforts to verify such compliance. Any unauthorized data will be blocked or refused by CHINT POWER by the measurements of Art III (1).

(3) The User may use the retrieved information and results of using such customer account only in accordance with these Terms of Use. The User is prohibited from using computer programs and mechanisms such as bots, crawlers, hacks, etc. to read data automatically.

(4) The contents accessible in customer account may not be copied, distributed or otherwise made publicly accessible without the consent of the respective rights holder or data subjects. Any other use of the retrieved information and results of the services offered by CHINT POWER requires the express prior written consent of CHINT POWER.

(5) The User may not add, change, delete or otherwise modify any elements of such customer account without the prior express written consent of CHINT POWER. In particular, the User is prohibited from removing, copying, or otherwise using graphical elements or decompiling the source code of the Application.

(6) In the case of a culpable violation of the User against his contractual obligations, in particular against Art. III.2. to III.8., CHINT POWER is authorized to block the respective access of the User after prior warning and threat of blocking. However, if the violation is so serious that it is unreasonable to expect CHINT POWER to maintain the contractual relationship, the need for a warning does not apply. In this case, CHINT POWER is entitled to terminate the contractual relationship extraordinarily and without notice with immediate effect.

(7) The possibility of ordinary as well as extraordinary termination for both parties remains unaffected.

(8) Both parties can terminate the contractual relationship with a notice period of 30 days. The termination on the part of CHINT POWER will take place by means of an email to the email address of the user indicated with the registration.

VII. Cancellation policy

(1) If a consumer, i.e. a natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity, concludes this contract, he shall have a right of revocation as follows:

Right of withdrawal

(a) You have the right to revoke this contract within fourteen days without giving any reason.

(b) The withdrawal period is fourteen days from the date of conclusion of the contract.

(c) To exercise your right of withdrawal, you must inform us (Company, having its address at 【Block 4, No. 3255 Sixian Road, Songjiang District】, telephone number:【400-817-7777】, fax number: 【+86 21 37791222-6003】, e-mail address:【it.chintpower@chint.com】) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). For this purpose, you may use the enclosed model withdrawal form, which is, however, not mandatory.

(d) You can also fill out and submit the model withdrawal form or another clear declaration electronically on our website https://en.chintpower.com. If you make use of this option, we will send you confirmation of receipt of such revocation without delay (e.g. by e-mail).

(e) To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

(f) Consequences of revocation

If you enter into a contract for the delivery of digital content that is not provided on a physical medium, your right of withdrawal will expire when we have started the performance of the contract after you (i) have expressly agreed that we should start the performance before the expiry of the withdrawal period and (ii) have confirmed that your consent will cause you to lose your right of withdrawal as soon as the performance starts.

(g) If you have requested that the services begin during the withdrawal period and you then inform us that you are exercising your right of withdrawal with respect to this contract, you are obliged to pay us a reasonable amount. This amount corresponds to the proportion of the services already provided up to the time you informed us of the exercise of the right of withdrawal compared to the total scope of the services provided for in the contract.

(h) If you enter into a contract for the delivery of digital content that is not provided on a physical medium, your right of withdrawal will expire when we have started the performance of the contract after you (i) have expressly agreed that we should start the performance before the expiry of the withdrawal period and (ii) have confirmed that your consent will cause you to lose your right of withdrawal as soon as the performance starts.

(i) Sample cancellation form

(If you want to cancel the contract, please fill out this form and send it back). To CHINT POWER address: e-mail: https://en.chintpower.com.

I/we () hereby revoke the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following service ()

Ordered on ()/received on ()

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only in case of paper communication)

Date

(*) Delete where not applicable.

VIII. Commercial property rights and copyrights

The contents of the Application and related CHINT POWER websites and services are the exclusive property of CHINT POWER and, if applicable, the respective licensors. All rights of use and exploitation are held by CHINT POWER. The contents are protected by copyright law. Unauthorized copying, distribution, editing, redesign, exploitation or any other violation of CHINT POWER's industrial property rights and copyrights will be prosecuted under civil and criminal law.

IX. Modification of these Terms and Conditions

CHINT POWER reserves the right to modify these Terms of Use at any time if required for legal or factual reasons. Changes to the Terms of Use will be announced by CHINT POWER in a timely manner before they take effect. The changes will become effective if the User does not object within four weeks. When announcing the changes, CHINT POWER shall inform the User of his right to object and the consequences of failure to object. If the User objects to the modified terms of use, CHINT POWER has the right to extraordinarily terminate the User contract if the change in the Terms and Conditions is mandatory (e.g. due to a change in the law or a decisive change in CHINT POWER's economic framework conditions.

X. Privacy and Cookies

The privacy policy and notes on the use of cookies that apply to the use of the website are available for viewing and printing [https://en.chintpower.com].

XI. Miscellaneous

(1) The User may not transfer his account to a third party unless CHINT POWER has given its prior written consent.

(2) CHINT POWER is obliged to inform consumers that the European Commission provides an online platform for the so-called Online Dispute Resolution. This platform can be accessed at the following link: https://ec.europa.eu/consumers/odr/. In addition, CHINT POWER will inform you of its e-mail address: https://en.chintpower.com

(4) If parts or individual formulations of these terms of use do not or no longer fully comply with the applicable legal situation, the content and validity of the remaining parts shall remain unaffected.

(5) If and to the extent that any other language versions and English versions of these GTCs contradict each other, the English version shall prevail.