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1. Background:

 

   1.1 Funsolar endeavors to, through this website, educate the Users (i.e. the persons/entities who are keen to use solar power / solar energy by installing appropriate equipment / machinery to harness the solar power) as to the use and advantages of harnessing the solar power.

 

   1.2 This website also provides the Users an interactive interface for understanding their requirement of size of plant / capacity etc. in relation to their actual consumption. The Users also are given an idea / overview of the savings in costs that may accure on a monthly basis if they choose to use solar energy for their power requirements.

 

   1.3 This website also gives an option to the Users requiring such solar power equipment, to connect with Developers (i.e. persons / entities engaged in sale and installation of solar power equipment). The website gives an option to the Users to seek out the most competitive Developer by and means of a reverse bidding process which would enable the User to decide the lowest bidder from and out of the Developers participating in the Tender process.

 

   1.4 The Users are fully aware and they fully understand and accept that  this web site / webpage acts as a mere platform for connecting the Users with the Developer/s for the implementation of solar power projects.

 

   1.5 The Users are fully aware and they fully understand and accept that Funsolar does not take part in the actual transaction that takes place between the User and the Developer and hence Funsolar is not a party to any contract negotiated between the User and Developer/s.

 

   1.6 The Users are fully aware and they fully understand and accept that all transactions between the Users and the Developers will be the responsibility of the  Users and the Developers only as per the terms and conditions as may be agreed interse between both the parties, and neither party shall hold Funsolar responsible for the same in any manner whatsoever.

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2. Acceptance of Terms of Use:

 

   2.1 The use of this website/webpage and the content contained therein is governed by the Terms and Conditions contained herein. When the User uses / accesses this website/webpage the User accepts and acknowledges that the User has read the Terms and Conditions and that the User has accepted that the User shall be bound by the Terms and Conditions hereof. If you do not agree to or wish to be bound by the Terms and Conditions, you may not access or otherwise use the web site / webpage. These Terms and Conditions may be modified from time to time as per Funsolar decision. By clicking on the appropriate box to indicate that User has accepted these Terms & Conditions, User is legally bound by the same and is not permitted to withdraw its acceptance or claim any deviation from the accepted Terms and Conditions.

 

 

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3. Terms of Web Site User(s) Eligibility:

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  3.1 User(s) mean/s any individual / entity in India. Funsolar’s services are available only to those individuals / entities who can form legally binding contracts under the applicable law. Therefore, individuals / entities who are eligible to contract are only eligible to use the Funsolar online services.

 

  3.1.1 It is of the utmost essence that the Users, while accessing the web site/ webpage, must follow/abide by all the Applicable Laws (including all Acts, Rules, Regulations, Notifications, guidelines etc.) in India. Funsolar is not responsible for the possible consequences caused by The User’s act/behaviour during the use of this web site/webpage.

 

  3.1.2 Funsolar may, in its sole discretion, refuse the service/access to the website/webpage to anyone at any time without assigning any reason.

 

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4. Contact

 

  4.1 For any details and enquiries, contact our Call Centre No. ________ and ________ (for MTNL/BSNL).

 

 

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5. Limitation of Liability, Indemnity and Disclaimer:  

 

   5.1 The features and services on the web site/webpage are provided on an “as is” and “as available” basis, and web site/webpage hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded. You / User acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website.

 

  5.2 Funsolar does not take part in the actual transaction that takes place between the User and the Developer and hence Funsolar is not a party to any contract negotiated between User and Developers. All transactions will be the responsibility of the User and the Developers only as per the terms and conditions agreed between both the parties.

 

  5.3 Further, Funsolar makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, and stability, completeness of any information provided on or through the web site.

 

  5.4 Funsolar does not represent and/or provide a warranty as to the services and/or products provided by the Developers nor does it provide any guarantee to the Developers in relation to the payment to be received by the Developer from the User under any Agreement executed pursuant to the interaction between User and Developer through the medium of this website / webpage.

 

  5.5 Any material downloaded or otherwise obtained through the web site /webpage is done at your / Users sole discretion and risk and you / User are solely responsible for any damage to your / :User’s computer system or loss of data that may result from the download of any such material, if any.

 

  5.6 No advice or information, whether oral or written, obtained by you / User from web site or through or from the web site/webpage shall create any warranty not expressly stated herein.

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  5.7 Under no circumstances shall website / webpage be held liable for an delay or failure or disruption of the content or services delivered directly or indirectly through the web site / webpage resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

 

  5.8 You / User(s) hereby agree to indemnify and save Funsolar, its affiliates, representatives, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from your / User(s) use of the web site/webpage (including but not limited to the display of their information on the web site/webpage) or from their breach of any of the Terms and Conditions. You / User (s) hereby further agree to indemnify and save Funsolar, its affiliates, representatives, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from your / User(s) breach of any representations and warranties made by you / User to web site.

 

  5.9 Funsolar reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with web site in asserting any available defenses.

 

  5.10 User(s) hereby further agree that Funsolar is not responsible and shall have no liability to it, for the acts of omission and/or commission on the part of the third party introduced directly and/or indirectly through the services provided under the Website/Webpage;. Funsolar reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with web site in asserting any available defenses.

 

  5.11 Funsolar shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:

 

       (i)  The use or the inability to use the web site;

       (ii)  Any defect in data, information or services purchased or obtained by User (s) or a third-party service                       provider through the web site;

       (iii) Violation of Third Party Rights or claims or demands that User (s) may violate or may be asserted to violate              Third Party Rights upon the use of the services under the Website/Webpage;

       (iv) Unauthorized access by third parties to data or private information of any User(s);

       (v)  Statements or conduct of any User (s) of the web site; or

 

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6. Links to Third Party WebSites:  

 

   6.1 Links to third party sites/Developer Websites may be provided by web site as a convenience to User(s) and Funsolar do not have any control over such sites i.e. content and resources provided by them or the content provided by the User to them.

 

   6.2 You are cautioned to read such sites’ terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. Funsolar has amply clarified that and the User accepts  and acknowledges that Funsolar has no control over such third party’s site, does not monitor such sites, and Funsolar shall not be responsible or liable to anyone for such third party site, or any content, products or services made available on such a site.

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7. Use of Software

 

   7.1 You / User may use the Funsolar Software solely for purposes of enabling you to use and enjoy the Services as provided in the Website/Webpage, and as permitted by the Conditions of Use. You may not incorporate any portion of the Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part. You may not use the Software for any illegal purpose. We may cease providing any Software and we may terminate your right to use any Software at any time. Your rights to use the Software will automatically terminate without notice from us if you fail to comply with any of the Terms herein.

 

   7.2 You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, whether in whole or in part, or create any derivative works from or of the Software.

 

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8. Data Protection:  

 

   8.1 Personal information supplied by User(s) during the use of web site is governed by our privacy policy. Please click on the related link to know about our privacy policy.

 

 

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9. Intellectual Property Rights:

 

   9.1 All Trademarks and/or brandnames and/or logos and/or registered Trademarks and logos and/or images found on the website/webpage belong to Funsolar or the concerned Third party which owns the same. The User is not granted any license or right to use any Trademark displayed on the site without the written permission of Funsolar or such third party that owns the Trademark displayed on this site.

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   9.2 Funsolar and its logos are our Trademarks or registered Trademarks. Website content means its design, layout, text, images, graphics, sound, video etc. The website content embodies trade secrets and intellectual property rights protected under copyright and other laws. All title, ownership and intellectual property rights in the website and its content shall remain with Funsolar and its affiliates or licensor’s of Funsolar’s website content, as the case may be.

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   9.3 All rights not otherwise claimed under these terms and conditions or by Funsolar, are hereby reserved solely in favour of Funsolar.

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   9.4  Further, the contents of the website/webpage, including but not limited to the text and images herein and their arrangements, unless otherwise noted, are Copyrighted in the whole and every part of this site belongs to Funsolar, unless otherwise indicated, and may not be used, sold, licensed, copied or reproduced in whole or in part in any manner or form or in or on any media to any person without the prior written consent of Funsolar.

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  9.5 Funsolar may also claim rights in other trademarks, service marks, logos, artwork and icons contained on this website/webpage.

 

  9.6 User agrees that everything that they see or read on this website/webpage is protected under the copyright laws and may not be used except with the prior written permission of Funsolar.

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  9.7 Funsolar respects the intellectual property rights of others, and we expect the User(s) to do the same. The User(s) agree that they will not copy, download & reproduce any information, text, images, video clips, directories, files, databases, or otherwise commercially exploiting the Funsolar content. Systematic retrieval of Funsolar content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Funsolar is prohibited.

 

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10. Disclaimer :

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  10.1 The information contained in this web site is intended, solely to provide general information for the personal use of the User, who accepts full responsibility for its use.

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  10.2 Funsolar does not represent or endorse the accuracy or reliability of any information, or (collectively, the “content”) contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this web site, or the quality of any products, information or other materials displayed, or obtained by you as a result of an in connection with the service provided through the website.

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  10.3 Funsolar does not accept any responsibility for any errors or omissions, or for the results obtained from the use of this information. All information in this web site is provided on “as is” basis but with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.

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  10.4 Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User(s).

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  10.5 In no event shall Funsolar be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the service, the materials and the products.

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  10.6 User (s) of this site hereby acknowledge that any reliance upon any content shall be at their sole risk.

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  10.7 Funsolar cannot verify that the Developers of the online marketplace –have the right to provide the goods/services offered. Funsolar is also not an arbiter or judge of disputes about intellectual property rights. By taking down a listing, as a prudential matter, Funsolar is not endorsing a claim of infringement. Neither, in those instances in which Funsolar declines  to proceed with the reverse bidding, is Funsolar determining any claim for infringement, nor is Funsolar endorsing the sale of such goods and/or services.

 

 

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11. Specific Declarations & Permission by User :

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  11.1 Users agree to receive newsletters, mailers and other communication in future from Funsolar.

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  11.2  In addition, use of the content for any purpose not expressly permitted in these Terms and Conditions is prohibited and may invite legal action.

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  11.3  User specifically declares that they will not commit any breach of these terms and conditions.

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  11.4  The User agrees and declares that the User shall not use the web site to infringe the intellectual property rights of others in any way.

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12. Right to restrict access to the website / suspend services :

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  12.1  Funsolar reserves the right to terminate the account of a User (s) or to restrict access to the website or to suspend the Services to a particular User for any reason as deemed fit by Funsolar, with or without cause.

 

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13. Amendment to Terms and Conditions:  

 

  13.1 Funsolar may change, modify, amend, delete or update this terms and conditions from time to time without any prior notification to User(s) and the amended and restated terms and conditions of use shall be effective immediately on posting. If you do not adhere to the changes, you may be stopped from using the service. Your continuous use of the service will signify your acceptance of the changed terms.

 

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14. Notices:

All notices shall be effective if in writing and shall be duly made when sent to Funsolar on the following Address:

To:  ____________________

 

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15. Governing Law:  

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  15.1  These Terms and Conditions of use shall be governed in all respect by the laws of Indian Territory.

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  15.2  Funsolar considers itself and intended to be subject to the jurisdiction only of the Courts of Mumbai, Maharashtra, India. The parties to these Terms and Conditions hereby submit to the exclusive jurisdiction of the courts of Mumbai, Maharashtra, India.