TERMS AND CONDITIONS

This domain name (www.solnceenergy.com) and its related sub-domains, sites, services, tools and/or its associated mobile application, devices, products, services, and online marketplace (collectively, the “Platform”) is owned by Solnce Energy Private Limited, a company incorporated under the provisions of the Companies Act, 2013 and having its registered office at UG-47, Highfield Ascot, VIP Road, opp. Palm Avenue, Vesu, Surat - 395007, Gujarat  (hereinafter referred to as “Solnce Energy”, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to include its successors, affiliates, and permitted assigns).

ARTICLE I

DEFINITIONS


1.1 In these Terms, unless the context or meaning otherwise requires: these Terms, have the same meanings as described to such words and expressions and following words and expressions shall bear the meanings described to them below:

Sr NoTermMeaning
1.1.1

Solnce/ Solnce Energy/Solnce App

Solnce Energy Private Limited

1.1.2

Service Provider

mean a Person/ Company appointed by Solnce Energy to facilitate the performance of Services provided on the Platform.

1.1.3

User

means any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a Person under Applicable Law

1.1.4

Services

mean the services provided by Solnce Energy to its Users through the Platform and within.

1.1.5

User Account

mean the online account exclusive to a User and/or his or her family members (as the case may be) used by the User and/or his or her family members (as the case may be) to avail Services offered by Solnce Energy through the Platform.

1.1.6Platform

Means and includes Websites, Application etc

1.1.7Product

Means and includes the product sold by Service Provider via this Platform

1.1.8

Applicable Law

mean and include all applicable Indian statutes, enactments, acts of the state legislature or parliament, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, directions, directives and orders of any governmental authority, statutory authority, as may be applicable and in each case, any implementing regulation or interpretation issued there under including any successor Applicable Law.

ARTICLE II

GENERAL DISCLOSURE

2.1 It is important for you to read these terms and conditions (“Terms”) and any other supplemental terms carefully, as these terms and conditions governs your use of the Platform and any content such as text, data, information, software, graphics, audio, video or photographs etc. that Solnce Energy may make available through the Platform and any services that Solnce Energy may provide through the Platform.

2.2 For the purpose of these Terms, wherever the context so requires the term “User” or “you” shall refer to you, being a natural person who is using the Platform to access Services.

2.3 Solnce Energy reserves the right, as and when it deems fit, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time. Solnce Energy will notify you regarding the changes in these Terms (as the case may be), by email or by posting a striking notice on the Platform. Your continued use of the Platform following the posting of changes shall be deemed to mean acceptance and agreement to the amendments made to these Terms. 

2.4 As long as you comply with these Terms, Solnce Energy grants you a personal, revocable, non-exclusive, non-transferable, non-sub-licensable, limited license to access and use the Platform.

2.5 We encourage you to read these Terms and access and read all further linked information, if any, referred to in these Terms, as such links are constituted as supplementary terms and conditions that apply to you as a User of the Platform.

ARTICLE III

AGREEMENT TO THE TERMS OF USAGE & SERVICE

3.1 By accessing and using this Platform you agree to be bound by the following Terms of Use and all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth on this Platform and all such terms shall be deemed accepted by you. 

3.2 If you do NOT agree to all these Terms and Conditions, you should NOT use this Platform. Further if you do not agree to any additional specific terms which apply to particular Content (as defined below) or to particular transactions processed through this Platform, then you should NOT use the part of the platform which contains such Content or through which such transactions may be performed and you should not use such Content or perform such transactions.

    ARTICLE IV

    ELIGIBILITY & CONTRACTUAL RELATIONSHIP

    4.1 It shall be noted that only adult individuals (above the age of 18 years) who are legally capable of entering into legally binding transactions under the Indian Contract Act, 1872 are permitted to use the Platform. Minors (under 18 years of age), un-discharged insolvents, and persons of unsound mind who are incapable to contract under the Indian Contract Act, 1872 are not eligible to use the Platform. If a minor chooses to use or transact on the Platform, the minor's legal guardian or parents may use or transact on the Platform.

    4.2 Solnce Energy may restrict you from accessing or using the Services, or any part of them, immediately, without notice, in circumstances where Solnce Energy reasonably suspects that you have, or are likely to breach these Terms, and/or you do not, or are likely not to qualify, under applicable law or the standards and policies of Solnce Energy and its affiliates, to access and use the Services.

    4.3 Your access and use of the Platform as well as the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Solncy Energy. If you do not agree to these Terms, you may not access or use the Platform and Services. These Terms expressly supersede prior written agreements with you.

    4.4 Solnce Energy may terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Platform or any portion thereof immediately, where Solnce Energy reasonably suspects that you have, or are likely to, materially breach these Terms; and/or you do not, or are likely not to qualify, under applicable law or the standards and policies of Solnce Energy to access and use the Platform.

      ARTICLE V

      SERVICES

      5.1 Solnce Energy provides a number of Services through the Platform, as enumerated in detail below. Solnce Energy, through the Platform, simply acts as a platform for:
      5.1.1 facilitating the purchase of Solar components
      5.1.2 providing services pertaining to the maintenance and cleaning of Solar Panel providing Solar  loans and other solar relevant services providing any other services whether through the Service  Provider or otherwise, as Solnce Energy may deem fit from time to time.

      5.2 Solnce Energy will also provide access to the User a dashboard under the User Account for viewing past transactions / orders taken by the User on/using the Platform and services offered by the Service Provider on the Platform.

      5.3 The commercial/contractual terms, including without limitation, duration of services, warranties in relation to the Product or services, are offered by and agreed to between you, the User, and the relevant Service Provider.

      5.4 Solnce Energy may, on a best efforts’ basis, resolve any issue that arises in relation to any Products purchased by you or services availed from a Service Provider through the Platform, in a manner it deems fit.

      5.5 In the event of a delay due to the unavailability of the product or any other reason, Solnce Energy shall provide an update. Solnce Energy shall not be liable for any consequences arising from such delays.

      5.6 If a product or brand is unavailable for an extended period, an alternative product or brand may be offered as a replacement.

        ARTICLE VI

        PAYMENT

        6.1 You acknowledge that use of the Services may result in charges to you for the services you receive from a Service Provider ("Charges"). After you have received services obtained through your use of the Service, Solnce Energy will facilitate your payment of the applicable Charges on behalf of the Service Provider.

        6.2 Solnce Energy shall charge convenience fee (“Fee") which may vary from case to case for the Services provided by it to you. The Fee may be charged from you at the time of booking of services on form or upon the completion of service.

        6.3 Such Charges and Fee will be inclusive of applicable taxes where required by law. Charges and Fee paid by you are final and non-refundable, unless otherwise mentioned in Article VIII of these Terms. 

        6.4 All Charges and Fee are due immediately and payment will be facilitated by Solnce Energy using the preferred payment method designated in your Account, after which Solnce Energy will send you a receipt by email/post.

        6.5 As between you and Solnce Energy, Solnce Energy reserves the right to establish, remove and/or revise Charges for any or all services obtainable through the use of the Services at any time in Solnce Energy's sole discretion.

        6.6 Solnce Energy may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.

        ARTICLE VII

        REFER AND EARN

        7.1 The Company shall provide a reward to registered Users of the Platform who recommend new prospective users to our Platform and Services.

        7.2 User will be eligible to claim rewards under various schemes provided by Solnce Energy, which may be updated from time to time. Any addition or removal of interests related to these schemes will be at the sole discretion of Solnce

          ARTICLE VIII

          Refund and Cancellation Policy

          Refunds:
          8.1 Non-Refundable Payments: All payments made for solar products and services through the Solnce are non-refundable once the installation process has commenced or the product has been delivered.

          8.2 Eligibility for Refunds: In the event of a cancellation prior to the commencement of the installation process or delivery of products, and start of application process a refund may be granted, subject to a cancellation fee and any applicable costs incurred up to the cancellation date.

          8.3 Procedure for Refund Requests: To request a refund, customers must contact Solnce Energy’s customer service team via email or phone, providing detailed information regarding the purchase and the reasons for cancellation and if needed visit to solnce office for further inquiry. Refund requests will be processed within [15] business days.

          Cancellations:
          9.1 Pre-Installation/Product Delivery Cancellations: Customers wishing to cancel their order or service before the commencement of the installation process or product delivery must notify Solnce Energy as soon as possible.

          9.2 Post-Installation/Product Delivery Cancellations: Cancellation requests made after the commencement of the installation process or after the products have been delivered may be subject to a cancellation fee to cover any costs incurred by Solnce Energy up to that point. The specific cancellation fees and applicable costs may vary depending on the type of service and the individual circumstances of each case.

          9.3 Right to Cancel: Solnce Energy reserves the right to cancel an order or service for any reason, including but not limited to the unavailability of products, unexpected circumstances, or the inability to fulfill the order. In such cases, a full refund will be provided to the customer.

          ARTICLE X

          LIMITATION OF LIABILITY

          10.1 in no event shall solnce energy, its directors, employees or agents, be liable for any special, incidental, indirect or consequential damages whatsoever resulting from any
          (a) errors, mistakes, or inaccuracies of content;
          (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the platform;
          (c) any unauthorized access to or use of the secure servers and/or any and all personal and/or financial information stored therein; 
          (d) any interruption or cessation of transmission to or from the platform;
          (e) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the platform by any third party; and/or
          (f) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the platform, whether based on warranty, contract, tort, or any other legal theory, and whether or not solnce energy is advised of the possibility of such damages. subject to the above and notwithstanding anything to the contrary contained in these terms, the maximum aggregate liability (whether in contract, tort (including negligence) or equity) of solnce energy via any user of the platform, regardless of the form of claim, shall be limited to the aggregate of transaction amount paid by the user to solnce energy. the foregoing limitations of liability will apply notwithstanding the failure of essential purpose of any limited remedy herein.

          10.2  Service Providers listed on the Platform have represented to Solnce Energy under agreements entered into in this behalf that they are duly qualified to provide service. While Solnce Energy makes reasonable enquiries to confirm the veracity of this representation made to Solnce Energy by the said Service Providers, Solnce Energy shall not be responsible for any misrepresentation or fraud in this regard. 

          10.3 Any minor accessing, using or transacting on the Platform in violation of these Terms shall be doing so at their own risk and Solnce Energy shall not be responsible or liable for any activities or interactions of such minor on the Platform. Solnce Energy reserves the right to terminate any person’s membership and/or refuse to provide such person with access to the Platform if it is brought to the notice of Solnce Energy or if Solnce Energy discovers for itself that such person is not eligible to use the Platform.

            ARTICLE XI

            PRIVACY POLICY

            11.1 Please review the Privacy Policy, which also governs your visit to the Platform, to understand Solnce Energy’s privacy practices. The Personal Information / data provided to Solnce Energy by you during the course of usage of the Platform will be treated as strictly confidential and in accordance with the Privacy Policy and Applicable Laws and regulations. If you object to your information being transferred or used, please do not use the Platform.

              ARTICLE XII

              WAIVER

              12.1 Failure or delay by you in exercising any of your rights under these Terms shall be deemed to be a waiver of that right, and waiver by you for a breach of any provision of these Terms shall be deemed to be a waiver of any subsequent breach of the same or any other provision.

                ARTICLE XIII

                SEVERANCE

                13.1 You agree that, in the event that one or more of the provisions of these Terms is found to be unlawful, invalid, or otherwise unenforceable, that or those provisions shall be deemed severed from the remainder. The remainder of these Terms shall be valid and enforceable.

                  ARTICLE XIV

                  COMMUNICATION

                  14.1 All notices under these Terms shall be in writing and be deemed duly given if signed by the Party giving the notice or by a duly authorised officer thereof, as appropriate. Notices shall be deemed to have been duly given:
                  14.1.1 when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient; or
                  14.1.2 when sent, if transmitted by facsimile or email and a successful transmission report or return  receipt is generated; or
                  14.1.3 on the fifth business day following mailing, if mailed by national ordinary mail, postage  prepaid; or
                  14.1.4 on the tenth business day following mailing, if mailed by airmail, postage prepaid.

                  14.2 All notices under these Terms shall be addressed to the most recent address, facsimile number, or email address notified to the other Party.

                  ARTICLE XV

                  GRIEVANCE OFFICER

                  15.1 We have tried our best to resolve all your queries relating to our use Terms and Condition. But If you have any further questions about this Platform, please feel free to reach out to us, with your queries grievances, feedback, and comments at  support@solnceenergy.com  contact our grievance officer whose contact details are provided below:

                  Name : Ms. Soha Kapadia
                  Designation : Techno Commercial Manager
                  Contact No.: 9429555581
                  Emai id: soha.kapadia@solnceenergy.in

                  ARTICLE XVI

                  LAW AND JURISDICTION

                  16.1 These Terms shall be governed and construed in accordance with the laws of India. Subject to the above, the Courts at Surat shall have exclusive jurisdiction in respect of all matters arising under or out of these Terms.

                    ARTICLE VII

                    DISPUTE RESOLUTION

                    17.1 Any dispute, controversy or claim arising out of or relating to these Terms, or the breach, termination or invalidity thereof shall be settled by negotiation between the Parties. In the event that such negotiation is unsuccessful, either Party may submit the dispute to arbitration. The arbitration shall be governed by the Arbitration and Conciliation Act, 1996 or any amendments thereto and shall be conducted by the Arco Dispute Resolution Private Limited in accordance with their Arbitration Rules for the time being in force (‘Arbitration Court’).The arbitral award will be final and binding upon the Parties. The language of arbitration shall be English. The seat and venue of arbitration shall be Surat, India. The Parties can also opt to resolve the dispute(s) in order to reach amicable resolution through online mode via Jupitice ODR/ Zoom/ Google Meet platform.