TERMS OF SERVICE AGREEMENT
LAST REVISION: 23rd July, 2024
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. Please read these terms and conditions carefully before using the EnergyMart website operated by Penta Solarex Pvt. Ltd., located in Jaipur. By accessing or using our website, you agree to be bound by these terms and conditions. If you do not agree with any part of these terms and conditions, you may not access the website.
Terms of Offer: This Website offers to connect property owners with solar installers (the " Service"). By agreeing to connect with our website and buy Service through this Website, you agree to the terms set forth in this Agreement.
1. Intellectual Property
The contents of the EnergyMart website, including but not limited to text, graphics, logos, images, videos, and software, are the property of Penta Solarex Pvt. Ltd. and are protected by applicable copyright and trademark laws. You may not use, reproduce, distribute, modify, or transmit any content from the website without explicit written permission from EnergyMart's owner Penta Solarex Pvt.
2. Website Use
You agree to use the EnergyMart website responsibly and in a manner consistent with all applicable laws and regulations. You will not engage in any activity that may cause harm or interfere with the proper functioning of the website. This includes, but is not limited to, the following actions:
3. User Accounts
To access certain features or services on the EnergyMart website, you may need to create a user account. You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You must promptly notify EnergyMart of any unauthorized use of your account or any other security breach. EnergyMart will not be liable for any loss or damage arising from your failure to comply with this section.
Installer Responsibilities
a) Engagement: Installers are expected to actively participate in engaging with the platform and its prospects. Failure to do so when opportunities arise may impact their user status
b) Platform Integrity: Installers are prohibited from bypassing the platform to independently connect with prospects, safeguarding the platform’s integrity and value.
c) Exemplary Service: Installers commit to providing diligent and trustworthy service to prospects, offering accurate guidance to property owners.
d) Compliances: Installers must adhere strictly to government regulations for all installations and services, ensuring full compliance with state and central norms.
User Responsibilities
1. Integrity: Users must exercise reasonable judgment to enhance trust on the platform and must not engage in illegal activities or fraudulent practices.
2. Blacklisting: The platform reserves the right to blacklist users identified as engaging in illegal or fraudulent activities, preventing them from using the platform.
Platform Responsibilities
1. Delivery of Prospects: The platform will deliver prospects to installers where the likelihood of installation is high.
2. Data Protection: User data is protected and will not be shared, except to improve the platform experience. The platform takes reasonable security measures to keep user data safe and secure.
3. Property of Data: All data displayed on the user interface or coming from platform databases and APIs are the property of the platform. Unauthorized use or harm to this data may attract legal action.
4. Purchases and Payments
If you make a purchase through the EnergyMart website, you agree to provide accurate and complete information for billing purposes. Payment processing on the website is conducted securely through trusted third-party payment providers. EnergyMart does not store credit card details. All financial transactions are subject to the terms and conditions of the respective payment processor. EnergyMart reserves the right to cancel or refuse any order placed through the website without providing any reason.
5. Disclaimer of Warranties
The EnergyMart website and its content are provided on an "as is" and "as available" basis. EnergyMart makes no representations or warranties of any kind, whether express or implied, regarding the website's accuracy, reliability, or availability. You acknowledge and agree that your use of the website is at your own risk.
6. Limitation of Liability
ENERGYMART'S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED OR SERVICE AVAILED VIA THE WEBSITE.
ENERGYMART WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM:
1. THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS;
2. THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT;
3. ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE;
4. ANY LOST PROFITS YOU ALLEGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
EnergyMart, its directors, employees, or agents shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use the website, including but not limited to any errors or omissions in content, loss of data, or any other losses or damages arising from or related to your use of the website.
7. Indemnification
You will release, indemnify, defend, and hold harmless Energymart, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates, and assigns from all liabilities, claims, damages, costs, and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of:
1. This Agreement or the breach of your warranties, representations, and obligations under this Agreement;
2. The Website content or your use of the Website content;
3. The Products or your use of the Products (including Trial Products);
4. Any intellectual property or other proprietary right of any person or entity;
5. Your violation of any provision of this Agreement;
6. Any information or data supplied to Energymart.
When Energymart is threatened with suit or sued by a third party, Energymart may seek written assurances from you concerning your promise to indemnify Energymart; your failure to provide such assurances may be considered by Energymart to be a material breach of this Agreement. Energymart will have the right to participate in any defence by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Energymart choice at its expense. Energymart will reasonably cooperate in any defence by you of a third-party claim at your request and expense. You will have sole responsibility to defend Energymart against any claim, but you must receive Energymart prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
8. General
- Governing Law :These terms and conditions shall be governed by and construed in accordance with the laws of Jaipur jurisdiction. Any disputes arising out of or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts in Jaipur, Rajasthan.
- Force Majeure. Energymart will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
- Cessation of Operation. Energymart may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
- Entire Agreement. This Agreement comprises the entire agreement between you and Energymart regarding the use of the Website and purchase of any Products, and supersedes any prior agreements pertaining to the subject matter contained herein.
9. Changes to Terms and Conditions
EnergyMart reserves the right to modify or replace these terms and conditions at any time. By continuing to use the website after any revisions, you agree to be bound by the updated terms and conditions.
If you have any questions or concerns regarding these terms and conditions, please contact us at info@energymart.in.
