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By SolarWaale's Marketplace (or `the Marketplace´), we mean all our services and products which you may be accessing through solarwaale.com, a mobile application, a widget, an application program interface, offline medium, over phone or other similar means (each called a `Marketplace Access Technology´ hereafter).Why should you read the Terms?
The term `you´ refers to the individual or legal entity, as applicable, identified in connection with the SolarWaale marketplace. By accessing or using the marketplace, any marketplace access technology, completing the registration process, and/or merely browsing the marketplace, you represent that:
The Marketplace Access Technology, including the software, information and content embodied in, available on, or provided through it (collectively, the SolarWaale Materials) are protected by copyright laws throughout the world. Subject to these Terms, SolarWaale grants you a limited license to reproduce portions of the SolarWaale Materials for the sole purpose of using the Marketplace for your personal or non-commercial purposes.Updates
You acknowledge and agree that SolarWaale may update the Marketplace and SolarWaale Materials with or without notifying you.Prohibited Use
The rights granted to you in these Terms are subject to the following restrictions:
In order to access and use certain features of the Marketplace you may be required to provide your address, email account, or other pertinent information. You agree:
You are responsible for all activities that occur under your account and any decisions you make based on the SolarWaale Materials. You may not share your account or password with anyone, and you agree to
SolarWaale has no responsibility to validate, maintain, update, or store any of the information you make available to SolarWaale. SolarWaale reserves the right to remove or reclaim any accounts or usernames, and all related information, at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party's rights.
If you are interested in procuring Products and Services, you may buy designated Products and Services from Suppliers through SolarWaale. Suppliers include installers, equipment providers and retailers who participate in the Marketplace. SolarWaale may resell these Products and Services to you or facilitate your transaction with an applicable Supplier. The fees, terms and conditions will be as follows, unless otherwise agreed in writing by SolarWaale:
You acknowledge and agree that SolarWaale is acting as a value added reseller or facilitator of one or more Suppliers' Products and Services for your convenience. Suppliers are independent contractors which SolarWaale does not control or assume any liability for in any regards. Unless otherwise agreed, all matters concerning the Products and Services, including but not limited to warranties, guarantees, maintenance and delivery, are solely between you and the Supplier. SolarWaale makes no warranties or representations whatsoever with regard to any Products or Services, unless expressly agreed otherwise in writing. You will not consider SolarWaale, nor will SolarWaale be construed as, a party to such transactions, whether or not SolarWaale may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, the transaction. Suppliers may provide SolarWaale certain discounts, rebates, and other incentives that SolarWaale is entitled to retain in consideration for the SolarWaale Materials and SolarWaale's other obligations.Release
If you have a dispute with one or more Suppliers, you hereby release SolarWaale and its parents, subsidiaries, affiliates, officers, employees, agents, partners, licensors and their successors (collectively, the SolarWaale Parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.No Obligation to Purchase
You are under no obligation to buy anything from SolarWaale or a Supplier. If you do not agree to these Terms, you will not buy any Products and Services, directly or indirectly, from SolarWaale.
You agree that SolarWaale and/or its licensors and suppliers own all rights, title and interest in the Marketplace and the SolarWaale Materials. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Marketplace or the SolarWaale Materials.Technology
You understand and acknowledge that the software, code, proprietary methods and systems used to enable the Marketplace or SolarWaale Materials (Our Technology) are:
SolarWaale and other related graphics, logos, service marks and trade names used in the SolarWaale Materials or in connection with the Marketplace are the trademarks of SolarWaale and may not be used without permission in connection with any third party products or services. Other trademarks, service marks and trade names that may appear on the Marketplace are the property of their respective owners.Your Content
SolarWaale does not claim ownership of any ancillary content you provide SolarWaale. However, when you as a User post or publish your content on or in the SolarWaale Materials, you represent that you own or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display your content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in your content.License to Your Content
By submitting your content, which shall include your username, to any "public area" of the Marketplace, you grant SolarWaale a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sub-licensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, derive revenue or other remuneration from, and communicate to the public, your content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in your content. You also warrant that the holder of any worldwide intellectual property right, including moral rights, in your content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not SolarWaale, are responsible for all of your content that you make available on or in the Marketplace, whether publicly posted or privately transmitted.Username
Notwithstanding anything contained herein to the contrary, by submitting your content to any forums, comments or any other area on the Marketplace, you hereby expressly permit SolarWaale to identify you by your username (which may be a pseudonym) as the contributor of your content in any publication in any form, media or technology now known or later developed in connection with your content.Your Account
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your account, and you further acknowledge and agree that all rights in and to your account are and shall forever be owned by and inure to the benefit of SolarWaale.Feedback
You agree that submission of any ideas, suggestions, documents, and/or proposals to SolarWaale through its suggestion, feedback, forum or similar pages (Feedback) is at your own risk and that SolarWaale has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to SolarWaale a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Marketplace and the SolarWaale Materials.
As a condition of use, you agree not to use Our Technology for any purpose that is prohibited by the Terms or by applicable law. You shall not (and shall not permit any third party) take any action (or provide any content in connection with your use of Our Technology) that:
SolarWaale may, but is not obligated to, monitor or review the Marketplace and related content at any time. Without limiting the foregoing, SolarWaale shall have the right, in its sole discretion, to remove any content for any reason (or no reason), including if such content violates the Terms or any applicable law. Although SolarWaale does not generally monitor activity, if SolarWaale becomes aware of any possible violations by you of any provision of the Terms, SolarWaale reserves the right to investigate such violations, and SolarWaale may, at its sole discretion, immediately terminate your license and rights under these Terms, or change, alter or remove your content, in whole or in part, without prior notice to you.
SolarWaale has not reviewed all of the sites linked to this Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by SolarWaale of the site. Use of any such linked website is at the user's own risk.
You agree to indemnify and hold SolarWaale Parties harmless from any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of:
SolarWaale will pass through to you any warranties suppliers authorize SolarWaale to pass through to users with respect to products and services purchased by you, if any except as expressly provided otherwise in these terms:
You understand and agree that in no event shall SolarWaale parties (or any suppliers) be liable for any indirect, incidental, cost of cover, special, exemplary, or consequential damages arising out of or in connection with these terms, the SolarWaale materials, or any products and services, including, without limitation, any damages resulting from loss of use, data, savings, or profits, whether or not SolarWaale has been advised of the possibility of such damages, or for any damages to your property or for personal or bodily injury or emotional distress on any theory of liability.Caps on liability
(a) Under no circumstances will the SolarWaale parties be liable to you or any third party for more than the net amount received and retained by SolarWaale as a result of your use of the SolarWaale materials (or purchase of any products and services) in the six-month period preceding the date on which you first assert a claim. If SolarWaale has not been paid any amounts in such period. The net amount received and retained by SolarWaale will be the amount received by SolarWaale from you or supplier(s) in connection with your use of the SolarWaale materials and purchase or lease of any products or services, less any amounts paid by SolarWaale to the applicable supplier(s).(b) Unless expressly agreed otherwise in writing, your claims against suppliers will be subject to any cap on liability in their standard terms or the amount they were paid for the applicable products and services giving rise to such claim if no other cap on liability is set forth in their standard terms.Information verification
SolarWaale parties may use various ways of verifying information that suppliers, users, and third parties have provided. However, none of those ways are perfect, and you agree that SolarWaale and its suppliers will have no liability to you arising from any incorrect or incomplete information.Basis of the Bargain
The limitations of damages set forth above are fundamental elements of the basis of the bargain between SolarWaale and you.Exclusion of damages
Certain jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights.
It is SolarWaale's policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to SolarWaale by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Marketplace in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
These Terms commence on the date when you accept them and remain in full force and effect while you use the SolarWaale Materials, unless terminated earlier in accordance with these Terms. We may terminate these Terms and your use of the Marketplace or any SolarWaale Materials at any time, with or without notice to you.Termination by You
If you want to terminate, you may do so by notifying SolarWaale at any time. Your notice should be sent, in writing, to SolarWaale's address set forth below.Effect of Termination
Termination includes removal of access to the Marketplace and SolarWaale Materials. Termination also includes deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), including your content. Upon termination, your right to use the Marketplace and SolarWaale Materials will automatically terminate immediately. You understand that any termination may involve deletion of your content associated therewith from our live databases. SolarWaale will not have any liability whatsoever to you for any suspension or termination. All provisions of these Terms which by their nature should survive, shall survive termination, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
The Marketplace can be accessed from geographies around the world. However, SolarWaale does not provide any services outside the India. Those who access or use the Marketplace or the Marketplace outside India do so at their own risk and are responsible for compliance with local law.
The communications between you and SolarWaale use electronic means, whether you visit the Marketplace or send SolarWaale e-mails, or whether SolarWaale posts notices on the Marketplace Access Technologies or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from SolarWaale in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that SolarWaale provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.Force Majeure
SolarWaale shall not be liable for any delay, error, or failure resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, and acts of civil or military authorities, fire, floods, weather, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.Governing Law
This Terms and any action related thereto will be governed and interpreted by and under the laws of the Delhi. You hereby expressly consent to the personal jurisdiction and venue in the state and courts in Delhi for any lawsuit filed against you by SolarWaale arising from or related to these Terms.Limitations Period
You and SolarWaale agree that any cause of action arising out of or related to these terms must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.Notice
Where SolarWaale requires that you provide an e-mail address, you are responsible for providing SolarWaale with your most current e-mail address. In the event that the last e-mail address you provided to SolarWaale is not valid, or for any reason is not capable of delivering to you any notices required/permitted by these Terms, SolarWaale's dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to SolarWaale at the following address: hello@SolarWaale.com. Such notice shall be deemed given when received by SolarWaale by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail.Waiver
Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.Severability
If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.Export Control
You acknowledge and agree that products, services or technology provided by SolarWaale are subject to the export control laws and regulations of the India. You shall comply with these laws and regulations and shall not, without prior Indian government authorization, export, re-export, or transfer SolarWaale products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations. In particular, but without limitation, the SolarWaale Materials may not be exported or re-exported into any India embargoed countries, countries that have been designated by the Indian Government as "terrorist supporting" countries and any other Indian Government list of prohibited or restricted parties.Non-Discrimination
We will ensure that no person, company or beneficiary (defined as customers, clients, students, patients, or a member of the general public that receives, or is eligible to receive or benefit from, the services and programs that SolarWaale operates and/or provides) shall, on the ground of race, color, national origin, sex, age, or disability, be excluded from participation in, be denied the benefits or, or be otherwise subjected to discrimination under any program, action, or product provided by us.Entire Agreement
These Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.