Terms of use

Overview

What do we mean by `SolarWaale´s Terms of Use'?

SolarWaale's Terms of Use (`SolarWaale terms´ or `our terms´ or `the terms´) are rules and guidelines that help to create a safe, fair and trusted trading environment for all our members. As a user, you are responsible for reviewing and understanding the terms, as well as all applicable laws and regulations as outlined in the terms.

What do we mean by `SolarWaale's Marketplace´?

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:

  • You have read, understand, and agree to be bound by these terms of use;
  • You are of legal age to form a binding contract with the SolarWaale;
  • You have the authority to enter into these terms of use personally or on behalf of the entity you have named as the customer, and to bind yourself and that entity to these terms with SolarWaale.
If you do not agree to be bound by these terms of use, you may not access or use the marketplace or any marketplace access technology.

What is covered under these Terms of Use?

Products and Services (including solar system installation services, equipment and other solar products) ordered through the Marketplace will be subject to these and additional terms. Supplemental Terms for Products and Services will be presented to you for your acceptance when you order Products and Services. If these Terms of Use are inconsistent with such Supplemental Terms, the Supplemental Terms shall control.

Updates and Reviews

Our terms are updated to respond to marketplace, community and security issues, so it is important to check them regularly for changes. The Terms are subject to change by SolarWaale in its sole discretion at any time. When changes are made, SolarWaale will make a new copy of the Terms of Use available at SolarWaale.com and any new Supplemental Terms will be made available from within, or through, Marketplace Access Technology. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Marketplace and all Marketplace Access Technology. Otherwise, your continued use constitutes your acceptance of such change(s).

Use of the Marketplace and SolarWaale Materials

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:

  1. You shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the SolarWaale Materials or any portion thereof
  2. You shall not frame or utilize framing techniques to enclose any trademark, logo, or other SolarWaale Materials (including images, text, page layout or form) of SolarWaale;
  3. You shall not use any metatags or other "hidden text" using SolarWaale's name or trademarks;
  4. You shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the SolarWaale Materials except to the extent the foregoing restrictions are expressly prohibited by applicable law;
  5. You shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data from the Marketplace without SolarWaale's prior written permission;
  6. Sending automated requests for quotes to one or more of the suppliers in our system
  7. Sending spam to one or more of the suppliers in our system;
  8. Compiling a list of one or more of the suppliers in our system except in connection with obtaining a quote
  9. Access the SolarWaale Materials in order to build a similar or competitive Marketplace or service;
  10. Except as expressly stated herein, no part of the SolarWaale Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means;
  11. You shall not remove or destroy any copyright notices or other proprietary markings contained on or in the SolarWaale Materials.
Any future release, update or other addition to the SolarWaale Materials shall be subject to these Terms. Any unauthorized use of the Marketplace or the Marketplace Access Technology terminates the licenses granted by SolarWaale pursuant to the Terms.

Your Information

Address and Account Information

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:

  1. To provide true, accurate, current and complete information about yourself and your property as requested by the Marketplace, SolarWaale, or any Supplier;
  2. To maintain and promptly update such information to keep it true, accurate, current and complete
  3. Not to use a false identity or provide false or misleading information, including with respect to your identity, address, or the property.

Your Responsibility

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

  1. Notify SolarWaale immediately of any unauthorized use of your password or any other breach of security; and
  2. Exit from your account at the end of each session. You agree that you shall monitor your account to restrict unauthorized use.

Privacy Policy

You undertake to comply with the terms of Our Privacy Policy.

SolarWaale Disclaimer

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.

Buying through SolarWaale

The Buying Process

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:

  1. Products and Services will be priced in accordance SolarWaale's then current price list made known to you and you will pay such amount (plus any applicable sales, use or similar taxes or duties, and any shipping or handling amounts);
  2. The applicable Supplier(s) will be solely responsible for the provision and performance of the Products and Services;
  3. The Products and Services will be subject to the Supplier's standard terms and conditions provided to you in connect with the transaction;
  4. SolarWaale will have no responsibility or liability for the Supplier or any Products or Services; however, SolarWaale will use commercially reasonable efforts to work with you to address any issues associated with a particular Supplier or Product and Service and pass through to you any performance warranties that Supplier offers to SolarWaale; and
  5. The Products and Services may be subject to other Supplemental Terms as agreed by you, SolarWaale, and/or the applicable Supplier(s).

SolarWaale as an Independent Value Added Reseller and Facilitator

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.

Ownership

SolarWaale Materials

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:

  1. Copyrighted by us and/or our licensors under Indian and international copyright laws;
  2. Subject to other intellectual property and proprietary rights and laws; and
  3. Owned by us or our licensors.
Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in these Terms grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Marketplace according to these Terms. Furthermore, nothing in these Terms will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology.

Trademarks

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.

User Conduct

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:

  1. Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity;
  2. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane;
  3. Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail;
  4. Involves commercial activities and/or sales that circumvent or conflict with the purpose of SolarWaale's business as contemplated under these Terms;
  5. Impersonates any person or entity;
  6. Interferes with or attempt to interfere with the proper functioning of the SolarWaale Materials or uses the SolarWaale Materials in any way not expressly permitted by the Terms;
  7. Attempts to engage in or engage in, any potentially harmful acts that are directed against the SolarWaale Materials, including but not limited to violating or attempting to violate any security features of the SolarWaale Materials, using manual or automated software or other means to access, "scrape," "crawl" or "spider" any pages contained in the SolarWaale Materials, introducing viruses, worms, or similar harmful code into the SolarWaale Materials, or interfering or attempting to interfere with use of the SolarWaale Materials by any other user, host or network, including by means of overloading, "flooding," "spamming," "mail bombing," or "crashing" the Company Properties; or
  8. That disparages SolarWaale, any Supplier, or any Products and Services.

Investigations

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.

Third Party Links

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.

Indemnification

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:

  1. Any content or information you provide SolarWaale or post on through the SolarWaale Materials;
  2. Your use of the Marketplace or SolarWaale Materials, including any decisions you make based on SolarWaale's analysis, recommendations, and projections;
  3. Your violation of the terms, applicable laws, rules or regulations. SolarWaale reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with SolarWaale in asserting any available defenses.

Warranties and Disclaimers

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:

  1. Your use of the marketplace and SolarWaale materials and all products and services ordered through the marketplace is at your sole risk. The marketplace and SolarWaale materials are provided on an "as is" and "as available" basis, with all faults. SolarWaale parties expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose and non-infringement.
  2. The SolarWaale parties make no warranty, representation or condition that: (1) the marketplace, SolarWaale materials or the products and services will meet your requirements; (2) the marketplace, SolarWaale materials and products and services will be uninterrupted, timely, secure or error-free; (3) the analysis, projections and results, including energy, or system costs and savings, will be accurate or reliable; or (4) any errors (including without limitation the imagery and data therein) will be corrected. You are solely responsible for any decision you make as a result of the marketplace and SolarWaale materials. You agree and acknowledge that the data, analysis, projections, and other information provided by SolarWaale are good faith estimates for informational purposes only and actual results may vary.
  3. No advice or information, whether oral or written, obtained from SolarWaale or through the marketplace will create any warranty not expressly made herein.
  4. You acknowledge and agree that the SolarWaale parties are not liable, and you agree not to seek to hold the SolarWaale parties liable, for the conduct of third parties, including without limitation suppliers, telecommunications carriers, and operators of external sites.

Limitation of Liability

Disclaimer of certain damages

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.

Procedure for Making Claims of Copyright Infringement

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:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of the location on the Marketplace of the material that you claim is infringing;
  4. Your address, telephone number and e-mail address;
  5. A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Term and Termination

Term

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.

International Users

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.

General Provisions

Electronic Communications

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.