DR SOLAR (the "POWERTRAC INDUSTRIES LTD" or the "Company") developed the white labelled mobile app, the "DR SOLAR" App and the Website (the "Software") which is developed by the AHAsolar Technologies Limited (the "Developer") offers solar estimation with approximate cost, applicable government incentives, finance, across several cities in India. A project management tool for the internal team of the lead management, to carry out feasibility studies, site surveys, designing and prepare techno-commercial proposals for their customers.
Terms of Use ('our terms' or 'terms') are clear guidelines espousing to create a fair and transparent 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.
The term 'You' refers to the individual or legal entity, as applicable, identified in connection with the market place and is more particularly defined under the section titled as "Acceptance". By accessing or using the Software, any Access Technology, completing the registration process, and/or merely browsing the Software, you represent that:
If disagree able to be bound by these terms of use, you may not access or use the Software or any Software Access Technology.
Any order (including solar system installation services, equipment and other solar products) of product and services using this Software will be subject to the Terms of Use and additional terms referred to as the Supplemental Terms ('Supplemental Terms') for products and Services (the term Service is defined herein below) will be presented by the Company to you for your acceptance, when you order products and Services. If these Terms of Use are in consistent with such Supplemental Terms, the Supplemental Terms shall prevail over the Terms of Use to the extent of such inconsistency.
The Terms of Use and Supplemental Terms may be amended, from time to time, at the sole discretion of the Company. The Terms of Use and Supplemental Terms may be modified for reasons, including but not limited to, changes in Software, community and security issues.
The Company shall not be responsible for notifying the user ("You") for stated amendments and the user ("You") is advised to regularly check, if any amendments have been introduced by the Company. The user ("You") should make note of the "last updated date" at the beginning of the Terms of Use.
The amended copy of Terms of Use and Supplemental Terms shall be made available by the Company upon request from the user ("You") in this regard. The cost of providing the afore stated amended copy(ies) (if any) shall be borne by the user ("You").
The Software Access Technology, including the software, information and content embodied in, available on, or provided through it (collectively, the Materials) are protected by copyright laws throughout the world. Subject to these Terms of Use, THE COMPANY grants you a limited license to reproduce portions of the Company Materials for the sole purpose of using the Software for your personal or non-commercial purposes.
You acknowledge and agree that the Developer or may update the Software and THE COMPANY Materials with or without notifying you.
The rights granted to you in these Terms are subject to the following restrictions:
Any future release, update or other addition to the Materials shall be subject to these Terms. Any unauthorized use of the Software or the Software Access Technology terminates the licenses granted by THE COMPANY pursuant to the Terms.
In order to access and use certain features of the Software you may be required to provide your address, email account, or other pertinent information. You agree:
You are solely responsible for all activities that occur under your account and any decisions you make based on the Materials. You may not share your account or password with anyone, and you agree to:
You undertake to comply with the terms of Our Privacy Policy.
The Developer or the Company has no responsibility to validate, maintain, update, or store any of the information you make available to the Developer. The Developer or the Company reserves the right to remove or reclaim any accounts or user names, and all related information, at any time and for any reason, including but not limited to, claims by a third party that a user name violates the third party`'s rights.
The Website/App are owned by The AHAsolar Technologies Limited (Hereinafter, ATL), an Indian Public Limited company that is registered with the Ministry of Corporate Affairs, under Company's Act 2013 and located at Ahmadabad and is white labelled for the DR SOLAR (the "POWERTRAC INDUSTRIES LTD"), a company that is registered with the Ministry of Corporate Affairs, under Company's Act 1956.
ATL and its affiliates and/or branches or its white labelled clients (hereinafter together "Platform Developer") provides an online platform for managing solar PV project Installation. The platform may include classified advertisements and forums (collectively, the "Service") on the App and/or website. The Website, App and the Service are provided to you subject to these Terms of Use.
Should you object to any term or condition of these Terms of Use, Supplemental Terms, any guideline, or any subsequent changes thereto or become unhappy with the Service in any way, your only choice is to immediately discontinue use of the Company's Software.
You understand that THE COMPANY does not control, and is not responsible for ads, directory information, business listings/information, messages between users, including without limitation emails sent from outside THE COMPANY's domain or other means of electronic communication, whether through the Website, the App or another Third Party Website (defined below) or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Website, the App and the Service ("Content").
You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content. You acknowledge and agree that THE COMPANY cannot and does not prescreen or approve any Content, but that THE COMPANY has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms of Use.
Furthermore, the Website, the App and Content available through the Website may contain links to other third party websites which are completely unrelated to THE COMPANY ("Third Party Websites"). If you link to Third Party Websites, you may be subject to those Third Party Websites' terms and conditions and other policies. THE COMPANY makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Website.
The data of the users, project created by the user and any other information given by the user may be used for research and development for any research or commercial organization.
THE COMPANY may offer a service known as "Featured Ads" where users may pay a non-refundable fee to have their ads posted in selected locations on the Website and on the App, thus potentially increasing an ads' visibility. In order to purchase a Featured Ad, you may be required to transmit certain information through a third party service provider, which may be governed by its own terms of use and other policies.
You agree not to post, email, host, display, upload, modify, publish, transmit, update or share any information on the Website/App, or otherwise make available Content:
Additionally, you agree not to:
"Month" means calendar month of the Gregorian calendar. The subscription starts as soon as the payment is done and stays valid for 30 days of the Gregorian calendar.
THE COMPANY may charge a fee to post Content in some areas of the Service. The fee permits certain Content to be posted in a designated area of the Website/App. Each party posting Content to the Service is responsible for said Content and compliance with the Terms of Use. Any such fees paid hereunder are non-refundable in the event any Content is removed from the Service for violating these Terms of Use.
THE COMPANY grants you a limited, revocable, nonexclusive license to access and use the Service for personal use. This license granted herein does not include any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools.
You may create a hyperlink to the home page of the Website so long as the link does not portray THE COMPANY, its employees, affiliates or agents in a false, confusing, misleading, derogatory, or otherwise offensive matter.
You acknowledge and agree that the materials on the Website and on the App, other than the user Content that you licensed under the Terms of Use, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to THE COMPANY, and are subject to copyright and other intellectual property rights under Indian laws, foreign laws and international treaties and/or conventions.
Materials on the Website/the App are provided to you as-is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
You understand that when using the Website/App, you will be exposed to Content from a variety of sources, and that THE COMPANY is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and you agree and assume all liability for your use.
You agree to defend, indemnify and hold harmless THE COMPANY, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your use of and access to the Website and/or the App and/or the Service; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right; or (iv) any claim that your Content caused damage to a third party.
You understand and agree that sending unsolicited email advertisements or other unsolicited communications to THE COMPANY email addresses or through THE COMPANY computer systems are expressly prohibited by these Terms of Use. Any communication between yourself and any other user utilizing the communication features available on the Service and the Website/App may be used only in accordance with the Terms of Use.
You acknowledge and agree that THE COMPANY shall not be liable for your interactions with any organizations and/or individuals on the Website/App or through the Service. This includes, but is not limited to, payment and delivery of goods and services.
If there is a dispute between participants on the Website/App, or between users and any third party, you understand and agree that THE COMPANY is under no obligation to become involved in such dispute. In the event that you have a dispute with one or more other users, you hereby release THE COMPANY, its officers, employees, agents and successors from any and all claims, demands and damages of every kind arising out of or in any way related to such disputes.
You acknowledge and agree that THE COMPANY may establish limits from time to time concerning use of the Service. You acknowledge and agree that THE COMPANY has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Website or the Service.
You acknowledge and agree that THE COMPANY, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, for any reason or no reason at all.
You expressly acknowledge and agree that use of the Website/App and the service is entirely at your own risk and that the Website/App and the Service are provided on an "as is" or "as available" basis, without any warranties of any kind.
THE COMPANY makes no warranties or representations about the accuracy or completeness of the Website/App's content or the content of any third party websites linked to the website and assumes no liability or responsibility for any errors, mistakes, or inaccuracies of Content, personal injury or property damage resulting from your access to and use of the Website/App and Service.
In no event shall THE COMPANY, its officers, directors, employees, or agents, holding company be liable for direct, indirect, incidental, special, consequential or exemplary damages resulting from any aspect of your use of the Website, App or the Service.
THE COMPANY, its officers, directors, employees, or agents at no point shall be liable in case of any theft, robbery, damages, physical damages, and sexual assault, etc. incurred due to the information provided to the solar PV installer or its employees or any other third party.
The recommendations provided by THE COMPANY through its website and mobile App are based on certain assumptions and THE COMPANY don't take any responsibility for the accuracy of data and information.
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by THE COMPANY without restriction. Any assignment or transfer by you shall be null and void.
This Website/App is intended only for users above the age of 18. You affirm that you are either at least 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use.
NOTICE TO CHILDREN UNDER THE AGE OF 18 AND THEIR PARENTS OR GUARDIANS
If you are under the age of 18, YOU MUST NOT USE THIS WEBSITE and/or the App. Please do not send us your personal information, including your email addresses, name, and/or contact information.
These Terms of Use and the other policies posted on the Website constitute the complete and exclusive understanding and agreement between you and THE COMPANY and govern your use of the Service and the Website/App superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.
The Terms of Use and the relationship between you and THE COMPANY shall be governed by the laws of India. Any claim you may have against THE COMPANY must be submitted to the exclusive jurisdiction of the courts of Ahmadabad, India.
YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU AND ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE AND/OR THE WEBSITE/App MUST COMMENCE WITHIN A REASONABLE TIME AND IN ANY EVENT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
For the duration of the term of usage, the Website/App shall be maintained by THE COMPANY. The ownership of which shall vest with THE COMPANY. THE COMPANY is committed to make its best efforts to deal with technical issues (if any).
THE COMPANY doesn't warrant the users that the App will be operative at all locations and time. THE COMPANY also deems it fit to be stated here that the calculations done are based on certain assumptions and no claim for their exactness is made, the accuracy resulting from there forth would therefore be subjected to these assumptions, for which THE COMPANY would not be liable.
Acknowledgment
BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICE.