(Terms of Use of Services of www.soltherm.in)
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.soltherm.in website.
USER AGREEMENT
This User Agreement contains rules and regulations, policies, terms & conditions and agreement applicable to any person who may access or use www.soltherm.in, including any sub-domains, web pages or extension of www.soltherm.in; you hereby agree and acknowledge to be bound by the terms of this User Agreement.
The use of www.soltherm.in and the products/ services provided are subject to the rules and regulations, policies, notices, terms & conditions set forth in this User Agreement. For the purposes of this User Agreement, 'User' and wherever the context may require 'You' (or any variation thereof), shall mean any natural or legal person who has agreed to become a user of www.soltherm.in by accessing or browsing the Website
Amendment: SOLTHERM ENERGY SOLUTIONSPVT. LTD. (Henceforth referred to as "Company/ SOLTHERM") reserves the right to change this Website and/or alter the terms and conditions of this User Agreement at any time and retains the right to deny access to anyone who the Company believes has violated the provisions of this User Agreement. You are advised that any amendment to the User Agreement or rules and policies incorporated herein by reference will only be notified on the Website on publicly accessible links and you agree by accessing, browsing or using this website that this constitutes sufficient notice for all purposes against you. The revised version/ terms shall be effective from the time that the Company posts the same on the Website. [In the event, that the User Agreement includes a substantial change, the Company will provide 30 days' prior notice of such substantial change by posting the same on the Website. For the purposes of this User Agreement, 'substantial change' means a change to the terms of this User Agreement that reduces your rights or increases your responsibilities.]
- DEFINITIONS
- ELIGIBILITY
- REGISTRATION AND COMMUNICATION
- TERMS OF USE
- USER OBLIGATIONS
- LIMITED LIABILITY OF THE COMPANY
- INDEMNITY
- PAYMENT
- CONSENT AND PRIVACY POLICY
- GRIEVANCE REDRESSAL MECHANISM
- GENERAL
- ARBITRATION
- GOVERNING LAW
- JURISDICTION
“Payment on Billing” shall mean a Transaction where the payment for the items purchased is paid through the (i) www.soltherm.in’s authorised Payment Gateway Facility or (ii) the buyer has opted to deposit the Transaction Price in the bank account of the Company by way of cheque, demand draft or any other mode of payment and such payment of the Transaction Price is credited to the bank account of the Company within [3] days of booking the Transaction.
“Payment on Delivery” shall mean a Transaction where the payment for the items is collected from the buyer by the Logistics Partner at the time of delivering the goods. In this case, the Buyer shall only make payment in cash and no other mode of payment will be accepted. However, this facility is available only in limited cities in India and the Company in its sole discretion and without notice, reserves the right to add or withdraw the cities in which such option may be available. This facility shall not be available for delivery of items outside India.
“Delivery / Delivered” means physical/online delivery of the products/services to the buyer (for which a Transaction Price has been paid by the buyer by Payment on Billing or the buyer has opted for Payment on Delivery, or such other mode of payment approved by the Company) by the seller through a reputed courier service or by the Logistics Partner at the address communicated by the buyer on www.soltherm.in.
“In Transit/ Dispatched” all mean that the items (for which a Transaction Price has been paid by the buyer by Payment on Billing or the buyer has opted for Payment on Delivery, or such other mode of payment approved by the Company) have been dispatched by the seller through a reputed courier service or by the Logistics Partner at the address communicated by the buyer on www.soltherm.in.
“Dispatch Details” means the true, accurate and valid data, information, details or documents as specified by the Company from time to time, which the seller/ Logistics Partner is obligated to provide to the Company as proof that the item has been Dispatched and/or Delivered, as the case maybe.
“Information” means and shall include any confidential and/or personally identifiable information or other information provided to the Company or Users of www.soltherm.in at the time of registration, buying or listing process or through any email feature and shall include without limitation your name, email address, billing/shipping address, phone number and banking / financial information.
“Issuing Bank” in respect of a buyer, means any bank that has issued a Valid Card (credit/ debit/ cash card) to the buyer or the branch of a bank which maintains a valid Bank Account in the name of buyer; with which the buyer makes payment of the Transaction Price. [Currently, www.soltherm.in authorised Payment Gateway Facility supports online bank transfers from the banks that are available while selecting prepay as the payment method. The Company may add or remove or suspend any one or more banks directly or through any payment gateway facilitators, and such change shall come into effect upon the same being posted on www.soltherm.in]
“Logistics Partner” shall mean reputable logistics and courier company(s) appointed by the Company that will provide various services of collection and delivery of items, collection of the Transaction Price from the buyer in case of Payment on Delivery Transactions or such other services that the Company may require.
“Transaction” means every electronically generated valid purchase order placed by the Buyer for purchasing the products/ services as listed on www.soltherm.in.
“Transaction Price” means the price to be paid for the items to be purchased by the buyer for every Transaction and which price shall include, if applicable, the shipping charges, insurance charges and all other taxes, duties, costs, charges and expenses in respect thereof as charged by the Company.
“Valid Card” means any valid credit card/ valid debit card/ valid cash card or any other card of whatsoever nature issued by Visa or MasterCard and/or by any Issuing Bank or any institution designated to issue such cards and lawfully owned by the User of the card at the time of the Transaction as well as at the time of Refund, if any.
“Valid Bank Account” shall mean a valid and operational bank account in the name of the User of which the User is the rightful and legal owner having the ability to issue Cheques/ Demand drafts and make deposits, which in respect of the buyer shall be referred to as the Buyer Bank Account and in respect of the Seller be referred to as the Seller Bank Account. [Both the Buyer Bank Account and Seller Bank Account are required to be with a branch of a nationalized bank as per applicable Indian laws or other banks which are registered with or approved by Reserve Bank of India and such branch and/or account of the Buyer and Seller supports Reserve Bank of India’s electronic/ online banking system including, without limitation, National Electronic Funds Transfer (NEFT) and/or Real Time Gross Settlement (RTGS)].
“Authorised Payment Gateway Facility” means the automated electronic payment or collection and remittance facility provided by the Company to Buyers and Sellers to facilitate purchase and sale of items as well as making payments there for on www.soltherm.in directly through banks or financial institution infrastructure or indirectly through payment gateway facility providers or through any such facility authorized by the Reserve Bank of India to provide enabling support facility for collection and remittance of payment. [Currently, www.soltherm.in authorised Payment Gateway Facility supports online bank transfers from the banks that are available while selecting the Prepay mode as the payment method. The Company may add or remove or suspend any one or more banks directly or through any payment gateway facilitators, and such change shall come into effect upon the same being posted on www.soltherm.in]
www.soltherm.in or any products/service provided by Company on www.soltherm.in may only be used or accessed by such persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are 'incompetent to contract' within the meaning of the Indian Contract Act, 1872 including minors, persons of unsound mind, and un-discharged insolvents are not eligible to use www.soltherm.in. A minor is not allowed to access or register as a User or purchase any product/ services as offered on www.soltherm.in
If you represent and are registering as a business entity, by accepting the User Agreement you represent that such entity has sufficient authority under applicable law to enter into the User Agreement and you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.
By registering on www.soltherm.in, you agree to allow us to contact you through any mode of communication (Email/Chat/Telephone call) for any confirmation or service related information for the order placed by you, on the contact details provided by you. Any kind of legal implication raised, due to the incorrect nature of the details provided by you, www.soltherm.in will not be held responsible for the same.
You agree that your sole purpose of registering or using www.soltherm.in is to buy or avail products/services as may be specifically notified by the Company on the Website from time to time (that are permitted to be bought/ sold under applicable law) and you shall not use www.soltherm.in for any other purpose that are not allowed under applicable law to be sold or bought by you in any manner.
You agree to provide true, accurate and complete information while registering or for any other purpose when prompted to do so on www.soltherm.in. You are prohibited from misrepresenting your identity and agree not to represent yourself as another User or login/ register using the identity of any other person. You are responsible to maintain and promptly update the information provided while registering or for any other purpose on www.soltherm.in to ensure that the information provided by you is true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete or the Company has reasonable grounds to deduce that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, the Company reserves the right to indefinitely suspend or terminate or block your use or access to www.soltherm.in in any manner whatsoever.
You understand and agree that these "Terms of Use" set forth the terms and conditions that apply to your use of www.soltherm.in ("Web Site"). By using the Web Site (other than to read this page for the first time), you agree to comply with all of the Terms of Use set forth herein. The right to use the Web Site is personal to you and is not transferable to any other person or entity.
COPYRIGHTS AND TRADEMARKS
All materials contained on the Web Site are Copyright February 15, 2020, SOLTHERM, All rights reserved. No person is authorized to use, copy or distribute any portion the Web Site including related graphics.
“SOLTHERM” and other trademarks and/or service marks (including logos and designs) found on the web site are trademarks/service marks that identify Company and the goods and/or services provided by Company. Such marks may not be used under any circumstances without the prior written authorization of Company.
LINKS TO THIRD-PARTY WEB SITE
www.soltherm.in may provide hyperlinks to third-party web sites as a convenience to users of the Web Site. www.soltherm.in does not control third-party web sites and is not responsible for the contents of any linked-to, third-party web sites or any hyperlink in a linked-to web site. www.soltherm.in does not endorse, recommend or approve any third-party web site hyperlinked from the Web Site. www.soltherm.in will have no liability to any entity for the content or use of the content available through such hyperlink.
NO REPRESENTATIONS OR WARRANTIES; LIMITATIONS ON LIABILITY
The information and materials on the Web Site could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained herein. www.soltherm.in makes no representations or warranties with respect to any information, materials or graphics on the web site, all of which is provided on a strictly "as is" basis, without warranty of any kind and hereby expressly disclaims all warranties with regard to any information, materials or graphics on the web site, including all implied warranties of merchantability, fitness for a particular purpose and non-infringement. Under no circumstances shall the site owner or publisher be liable under any theory of recovery, at law or in equity, for any damages, including without limitation, special, direct, incidental, consequential or punitive damages (including, but not limited to loss of use or lost profits), arising out of or in any manner connected with the use of information or services, or the failure to provide information or services, from the web site.
MODIFICATIONS TO THESE TERMS OF USE
www.soltherm.in reserves the right to change these Terms of Use at any time by posting new Terms of Use at this location. You can send e-mail to SOLTHERM with any questions relating to these Terms of Use at mail@soltherm.in
Currently the membership on www.soltherm.in is free and the Company does not levy any charges/fees for browsing or buying on www.soltherm.in. However, for the purposes of listing any item on www.soltherm.in to be sold or availing other services provided by the Company through www.soltherm.in Additionally, the Company at its sole discretion may introduce fees for the new services provided or amend/ introduce fees for the existing services, as the case may be. Changes to the User Agreement or any of the rules and policies of the Company shall be posted on www.soltherm.in and such changes shall automatically become effective immediately after they are posted or after passing a notice period of 30 days on www.soltherm.in.
All fees/ charges shall be quoted in Indian Rupees or USD, and shall be payable to SOLTHERM ENERGY SOLUTIONS PVT. LTD. within such time as specified in the invoice. You are responsible for paying all charges/ fees associated with the use of www.soltherm.in and shall be liable to pay any and all applicable taxes, charges, cesses etc. which may be levied. In case of any non- payment, the Company reserves the right to issue a warning or temporarily/ indefinitely suspend or terminate your membership with www.soltherm.in and disallow access to www.soltherm.in. The Company also reserves the right to take any legal action against you in case of any non- payment of charges/fees to the Company.
If you purchase anything on www.soltherm.in, you agree to also comply with the terms and conditions set out herein by reference.
You agree that the Company may appoint any third party service provider, including but not restricted to one or more of the Company's affiliate to provide backend operations and support as instructed by the Company from time to time including but not limited to collection, processing and remittance of the Transaction Price using the existing authorized banking infrastructure to provide enabling support facility for collection and remittance of payment including but not limited to the Logistics Partner.
The Company neither originates nor transmits any communication/ information on behalf of any User nor does it modify the contents of any communication transmitted. The Company has no control over third parties and contents generated by the Users on www.soltherm.in
Any information provided by you to the Company or submitted to www.soltherm.in or provide or display to other Users of www.soltherm.in in the registration, buying or listing process, in the feedback area or through any e-mail communication is solely your responsibility and the Company merely is a platform where such information is distributed, published, displayed or used by Users. The Company or the Website is not liable for accuracy, appropriateness or legality of such information.
All contractual terms of the manner and terms & conditions of product/ services delivery, payment, insurance etc. between the buyer and the SOLTHERM shall be independently agreed without the other users of www.soltherm.in that you may transact with.
You will treat www.soltherm.in as a platform by Company to create listings or provide information for the purpose of selling their product/ services so that such information can be discovered and read by any Users of www.soltherm.in who may wish to purchase/ avail such products/ services or provide feedback on items they have purchased.
In no event shall the Company or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever, including but not limited to negligence on part of user) out of or in connection with www.soltherm.in/ Authorised Payment Gateway Facility, or any other services.
The Company liability in any circumstance is limited to the amount of charges/ fees, if any, paid by you to the Company. The Company, its associates, affiliates and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of www.soltherm.in or that the operation of www.soltherm.in or the Logistics Partner or www.soltherm.in authorised payment gateway facility will be error free and/or uninterrupted.
You shall indemnify and hold harmless the Company and the Company's parent, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement including the rules and policies incorporated herein by reference, or (ii) your violation of any law, rules or regulations or the rights of a third party.
Payments for the items on www.soltherm.in, at the option of the SOLTHERM, can be made by way of Payment on Billing which can be made through the www.soltherm.in authorised payment gateway Facility or by depositing cheque, demand draft in the bank account of the Company; or such other method of payment as may be permitted by the Company on www.soltherm.in in its sole discretion.
For the purposes of buying any item listed on www.soltherm.in, you agree and undertake not to make payments in any manner other than as provided, without the prior consent of the Company.
You acknowledge and accept that you have specifically authorized the Company and/or “Authorised Payment Gateway Facility” to collect, process, facilitate and remit payments and/ or the Transaction Price by any of the prescribed methods of payment through Payment on Billing in respect of Transactions.
In order to enable Users to carry out transactions on www.soltherm.in, the Company will in addition to other methods of payment provide an electronic payment facility i.e. www.soltherm.in Authorised Payment Gateway Facility respective E-billing Solutions Providers on the Website. The said authorised payment gateway facility enables automated collection and remittance services using the facilities of various Indian/ International banks, financial institutions, credit/ debit/ cash card brands, various third party service providers and/or payment card industry issuers and through such other infrastructure and facilities as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be. The www.soltherm.in authorised payment gateway facility shall be availed in accordance with the terms of this User Agreement and the rules and policies prescribed hereunder.
The Company shall make reasonable efforts to ensure that requests for electronic debits and credits involving Issuing Bank are informed to the Nodal Bank in a timely manner. However, a number of factors that are outside of the Company's control (including without limitation actions of Issuing Bank, Nodal Bank and the bank or credit/ debit/ cash card and/ or banks or financial institution infrastructure or indirectly through Authorised Payment Gateway Facility providers or through any such facility authorized by the Reserve Bank of India to provide enabling support facility for collection and remittance of payment where the Transaction Price is remitted and/or refunded) may delay the time within which the Transaction Price are collected/ remitted by the Company through the www.soltherm.in Authorised Payment Gateway Facility. The Company neither makes any representations nor makes any warranties regarding the amount of time needed to complete processing, including delays in the banking system and nor shall the Company be liable for any actual or consequential damages arising from any claim of delay.
Any claim for refund of any payment made to the Company, for any reason whatsoever, shall be to the account of the Company shall be responsible for the same including but not limited to service charges or any other fees/ charges.
By using www.soltherm.in and/or by providing your information, you consent to the collection and use of such information disclosed by you on www.soltherm.in or Authorised Payment Gateway Facility, by the Company. The personal information / data including but not limited to the Information provided by the You to www.soltherm.in/ Authorised Payment Gateway Facility during the course of a Transaction shall be treated as strictly confidential and retained in accordance with the Privacy Policy which is incorporated herein by reference and applicable laws and regulations including but not limited to Information Technology Act, 2000 and rules there under. The Company does not sell or rent or otherwise disclose your personal information to third parties for their marketing purposes without your explicit consent and the Company only uses your information in the manner described in the Privacy Policy. If you do not agree to your Information being transferred or used in this way, please do not use www.soltherm.in
The Company views the protection of user’s privacy as a very important community principle. The Company clearly understands that you and the personal information provided by you is one of the most important assets to the Company. The Company stores and processes the information provided by you in computers located in India that are protected by physical as well as reasonable technological security measures and procedures in compliance with the provisions of the Information Technology Act, 2000 and rules made there-under.
In case of any grievance, objection or complaint on your part with respect to the Website, www.soltherm.in Authorised Payment Gateway Facility or the Company, including any complaints or enquiry about suspension, termination or blocking of your membership or right to use www.soltherm.in, you should promptly raise such grievance or complaint with the designated Grievance Officer at customercare@soltherm.in and provide him with all necessary information and/or documents to enable the Company/ Grievance Officer to resolve the issue.
The name and contact details of the Grievance Officer is published on www.soltherm.in as required under the provisions of the Information Technology Act, 2000 and the rules made there-under.
None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any manner whatsoever.
Except as explicitly stated otherwise, any notices directed to the Company shall be given by email to customercare@soltherm.in any notices to you by the Company shall be provided to the email address provided by you during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by registered mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
If any clause of this User Agreement or the application thereof to any User or circumstance shall be deemed invalid, void or for any reason unenforceable to any extent, the remainder of this User Agreement and the application of such unenforceable provision to Users or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this User Agreement shall be valid and enforceable to the fullest extent permitted by law.
This User Agreement together with the rules and policies incorporated herein by reference constitutes the entire understanding and agreement between you and the Company with respect to the subject matter herein.
The Company at its sole discretion shall be entitled to assign or transfer its rights and obligations under this User Agreement hereunder to any other person without your prior consent provided that the Company assigns this User Agreement on the same terms or such terms that are no less favourable to you.
All remedies of the Company under this User Agreement whether provided herein or conferred by statute, civil law, common law, custom or trade usage, are cumulative and not alternative and may be enforced successively or concurrently.
If any dispute arises between you and the Company during your use of www.soltherm.in or the www.soltherm.in Authorised Payment Gateway Facility or www.soltherm.in Services or any service incidental to the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and/or www.soltherm.in Authorised Payment Gateway Facility or the rules, policies and documents incorporated therein by reference, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the Company whose decision shall be final. The place of arbitration shall be Lucknow. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
This User Agreement and all rules, policies and documents incorporated by reference shall be governed and construed in accordance with the laws of India and the Courts in Lucknow shall have exclusive jurisdiction. This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The Courts at Lucknow Uttar Pradesh INDIA shall have original jurisdiction upon any dispute/ case arises out of these documents
Policy Amendments
We may update this policy from time-to-time by posting a new version on our website.
Last Updated on March 21, 2022
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