Terms of Use

  1. Background

 

    1. Thesolarlabs.com (“Website”) and/or The Solar Labs (“App”) is owned, registered and operated by Sunpact Technologies Private Limited (“Company“), private limited company incorporated under the provisions of the Companies Act, 2013 and having its registered office at House No. 23, Ward No. 16, Rajendra Park, Ambala Cantt., Haryana – 133001.

 

    1. These Terms of Use, which include and hereby incorporate the Privacy Policy at http://thesolarlabs.com/privacy (“Privacy Policy”), is a legal agreement between the Company (the “Company” or “We” or “Us”) and you (“You” or “User”). By using or accessing the Website, You agree (i) that you are 18 years of age or older, (ii) if You are the age of majority in your jurisdiction or over, that you have read, understood, and accept to be bound by the Terms of Service and the Privacy Policy.

 

    1. We reserve the right to make changes to these Terms of Use at any time. Any such modifications will become effective immediately upon posting to the Website and Your continued use of Website, and/or the Services (as defined below) constitutes Your agreement to such modifications. You agree to periodically review the current version of these Terms of Use as posted on the Website.

 

  1. Definitions
    1. For the purposes of these Terms of Use,

 

  1. Applicable Law” shall mean any statute, law, regulation, ordinance, rule, judgment, notification, rule of common law, order, decree, bye-law, government approval, directive, guideline, requirement or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law of any of the foregoing, by any Authority having jurisdiction over the matter in question, whether in effect as of the date of these Terms of Use or thereafter;

 

  1. Authority” shall mean any national, state, provincial, local or similar government, governmental, regulatory or administrative authority, branch, agency, any statutory body or commission or any non-governmental regulatory or administrative authority, body or other organization to the extent that the rules, regulations and standards, requirements, procedures or orders of such authority, body or other organization that have the force of Applicable Law or any court, tribunal, arbitral or judicial body in India.

 

  1. Minimum Age” shall mean any person aged 18 (Eighteen) years and above;

 

  1. Services and restrictions on use
  1.  

 

    1. We provide solar system design services and content for best practices in solar design and financial analysis (“Service” or “Services“). You may use the Services for your personal and business use or for internal business purpose in the organization that you represent.

 

    1. Subject to your compliance with these Terms of Use, the Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and access the Service.

 

    1. You agree not to (and not to attempt to) (i) use the Website for any use or purpose other than as expressly permitted by these Terms of Use or (ii) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website or any portion of the Website, except as expressly permitted in these Terms. No licenses or rights are granted to You by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the permissions and rights expressly granted in these Terms of Use.

 

    1. Company reserves the right to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. The Company reserves the right to refuse any user access to the Website without notice for any reason, including but not limited to a violation of the Terms of Use.

 

    1. If you violate these Terms of Use, the Company reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all Accounts you have created using the Website. You agree that the Company need not provide you notice before terminating or suspending your Account(s), but it may do so.

 

  1. Registration

 

    1. In order to access the Website, the User(s) must mandatorily register themselves on the Website. Every registered User shall have a user ID and password (“User ID” and “Password“).

 

    1. If you use the Website as a registered User, you are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter alia, to provide true, accurate, current and complete information about yourself as prompted by the Website registration form. If you provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete or that You are misusing Your account in any manner, We reserve the right to indefinitely suspend, terminate or block access of Your membership/ refuse to provide You with access to Website.

 

  1. Representations, Warranties and Obligations of the Company: We hereby represent and warrant that:

 

  1. We are a duly registered company as under the laws of India;

 

  1. We are in compliance with the Applicable Law to provide access to the Website and the abovementioned Services therein, subject to these Terms of Use;

 

  1. We shall comply with the Privacy Policy and ensure data security of the Users at all times.

 

  1. Representations, Warranties and Obligations of the User: You hereby represent and warrant that:

 

  1. You are a natural person, of the Minimum Age, competent to contract, have read, understood and agree to be bound by these Terms of Use;

 

  1. You have provided accurate information and details at the time of registration and shall also keep the contact information up to date;

 

  1. User’s feedback/comments/ suggestions

 

    1. While submitting/ posting comments/ suggestions/ opinions/ feedback etc. on the Website in the space provided for the same (“User Feedback”), You agree and acknowledge that:

 

  1. The User Feedback does not contain any confidential information or is not in violation of any third party right including intellectual property rights;

 

  1. The User Feedback shall not be unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or is otherwise inappropriate;

 

  1. We are not under any obligation of confidentiality, express or implied, regarding the User Feedback;

 

  1. We reserve the right to use or disclose such User Feedback for any purpose, in any way, as We deem fit;

 

  1. By posting/ submitting User Feedback, the same shall become our intellectual property right without any obligations including but not limited to any compensation or consideration, express or implied to You.

 

  1. Intellectual Property Rights

 

    1. All rights, title and interest in and to all materials that are part of the Website and the Services therein (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement) are owned by the Company and/or its third party licensors.

 

    1. You agree that you shall not modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, or sell in any form or by any means, in whole or in part, or otherwise exploit the intellectual property of the Company without our express prior written permission. You acknowledge that you do not acquire any ownership rights by using the Website and the Services provided therein or by accessing any material posted on the Website by the Company, or any derivative works thereof. All rights not expressly granted by these Terms are reserved by the Company and its licensors, and no license is granted hereunder by estoppel, implication or otherwise.

 

    1. You are only granted a limited, non-exclusive, revocable license to access the Service after agreeing to these Terms of Use, but do not acquire the intellectual property rights, such as copyrights related to the provided services. You may not revise, rent, lease, resell, or distribute the Service or any part of the Service.

 

  1. Links

 

    1. The Website/App may contain links to other websites (“Linked Sites“). The Linked Sites are not under the control of the Company. We are not responsible for the content of any Linked Site, including, without limitation to, any link contained in a Linked Site, or any changes or updates to a Linked Site.

 

    1. We are not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. We are providing these links only for convenience, and the inclusion of any such link does not imply endorsement by Website, of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.

 

    1. On accessing the Linked Sites, You shall be governed by the terms of use, privacy policy and such other additional policies of the Linked Sites. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, advertising, products, services or other materials available on or through any Linked Sites or for any errors, defamatory content, libel, slander, omissions, falsehoods, obscene content, pornographic material, or any profanity contained therein.

 

  1. Advertisement Links

 

    1. The Website/App may contain links to various advertisements (“Advertisement Site”). The Advertisement Site is not under the control of the Company. We are not responsible for the content on any Advertisement Site, including, without limitation to, any link contained in the Advertisement Site, or any changes or updates to the same.

 

    1. These Advertisement Site(s) shall be construed to be Linked Sites (as mentioned above) and the provisions of Clause 9 above shall apply for Advertisement Site(s).

 

  1. Software as a Service Agreement

 

    1. In the event You are a representative of an organisation intending to use the Website for your Organisation, You shall be required to enter into a Software as a Service Agreement with the Company, which shall lay down a detailed description of your rights and obligations vis-à-vis the Company.

 

  1. Fraud and Improper Conduct

 

    1. You may only access Website and use the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all provisions of Applicable Law pertaining to Your use of the Services. You agree that You will not in any way:

 

  1. Interfere with the ability of others to access or use Website and the Services provided through Website;

 

  1. Disrupt the normal flow of communication or otherwise act in a manner that adversely affects other Users’ ability to use Website or the Services;

 

  1. Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website;

 

  1. Post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise objectionable;

 

  1. Defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone;

 

  1. Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Website or other users’ computers;

 

  1. Violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);

 

  1. Violate any applicable laws or regulations, or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks of the Website.

 

  1. Limitation and Disclaimer of Warranty

 

    1. The Website, the Services and each portion thereof are provided “AS IS” without warranties of any kind either express or implied. To the fullest extent possible pursuant to Applicable Law, We disclaim all warranties, express or implied, with respect to the Website, the Services and each portion thereof, including, but not limited to, non-infringement or other violation of intellectual property rights.

 

    1. We do not warrant or make any representations regarding the use, validity, accuracy, or reliability of the information shared on Website or its Services.

 

    1. We shall not be liable if any information shared on Website violates Applicable Law or contains material errors, or is (or could be subject to a claim that it is) defamatory, obscene, invades the right of privacy, or infringes any right of any person or entity.

 

    1. The content shared on Website does not reflect our opinion or view on any subject matter. We shall not be responsible for the opinions or views expressed by the other users of Website and opinions of the other users in the form of User Feedback.

 

    1. We shall not be liable for any direct, indirect, incidental or consequential damages, whatsoever incurred by the User due to use of the Services or due to the non- availability of Website or Services.

 

    1. We shall not be liable in the event any damage or loss occurs to your computer system, or any other electronic device, or any data as a result of downloading Website or any documents shared therein.

 

    1. If You are dissatisfied or harmed by Website or anything related with Website, Your sole remedy shall be to terminate these Terms of Use by closing Your account with Website.

 

    1. We shall be entitled to disclose to the Authority, as required by Applicable Law or by any directive or request from any government body, the particulars of the User engaged with Website.

 

    1. We shall be entitled to add, to vary or amend any or all these terms and conditions at any time and the User shall be bound by such addition, variation or amendment once such addition, variation or amendment is incorporated into these terms and conditions, and such amended terms and conditions are on Website.

 

    1. You understand and acknowledge that the Website is not meant to and does not support or carry calls to emergency services of any kind. The Company shall not be liable for any attempted emergency calls.

 

  1. Indemnification

 

    1. You undertake to indemnify Us, for any losses or damages resulting from any third party claims or complaints arising from, or in connection with Your actions on the Website and/or breach of this Agreement.

 

  1. Termination

 

    1. We may terminate these Terms of Use with respect to You, immediately without notice in the event of any breach by You of these Terms of Use or any of our applicable policies, as posted on Website from time to time or upon a misuse of the Website and/or Services by You.

 

    1. You agree that upon the termination of these Terms of Use, We may delete all information related to You with respect to the Services availed by you. Further, You will no longer be able to log into Website.

 

  1. Severability

 

    1. If any part of the Terms of Use are determined to be invalid or unenforceable pursuant to Applicable Laws, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision shall be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use for Services shall continue in effect.

 

  1. General

 

    1. Unless otherwise specified herein, these Terms of Use for Services and the Privacy Policy available at http://thesolarlabs.com/terms.html and http://thesolarlabs.com/privacy.html constitutes the entire agreement between you and Website, in respect of the Services and supersedes all previous written and oral agreements between You and Website, if any. Our failure to act with respect to a breach by you or others does not waive Our right to act with respect to subsequent or similar breaches.

 

  1. Governing Law

 

    1. These Terms of Use shall be governed by and constructed in accordance with the laws of India, without reference to conflict of laws principles. The courts in Delhi, India shall have the exclusive jurisdiction to determine any disputes arising in relation to, or under, these Terms of Use. You agree to submit to the jurisdiction of the courts in Delhi, India and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

 

  1. Grievance Officer

 

    1. The name and contact details of the Grievance Officer are provided below:

 

Name: Siddharth Gangal

Phone No: +91-8628868995

E-mail Address: siddharth@thesolarlabs.com

Postal Address: Plot 7-10, NASSCOM Co-Working space, Sector 126, Noida, India

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