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Terms And Conditions : Privacy Policy

(Privacy policy is mentioned after your resposibility description)

Basic Overview


What do you mean by “ECE Ecosystem ”?

ECE Ecosystem (The “ECE India Energies Pvt Ltd” or the “Company”) developed the white labelled mobile app, The “ECE Ecosystem” 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.


What do we mean by ‘Terms of Use’?

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.


Why read 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:

What these Terms of Use covers?

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.

Reviews/Updates

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 estated 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. With this information, you should be able to identify if the Terms of Use have been amended recently. 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 and Materials

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.

Updates

You acknowledge and agree that the Developer or may update the Software and THE COMPANY Materials with or without notifying you.

Prohibited Use

  1. You shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Materials or any portion thereof
  2. You shall not frame or utilize framing techniques to enclose any trademark, logo, or other Materials (including images, text, page layout or form) of the Developer or the Company;
  3. You shall not use any meta tags or other "hidden text" using the Company’s or Developer’s name or trademarks;
  4. You shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Materials except to the extent the foregoing restrictions are expressly prohibited by applicable law;
  5. You shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, datamining tools or the like) to "scrape" or download data from the Software without the Developer’s prior written permission;
  6. Sending automated requests for quotes to one or more of the suppliers in our system
  7. Compiling a list of one or more of the suppliers in our system exceptin connection with obtaining a quote
  8. Compiling a list of one or more of the suppliers in our system exceptin connection with obtaining a quote
  9. Access the Materials in order to build a similar or competitive Software or service;
  10. Except as expressly stated here in, no part of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means;
  11. You shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Materials.
  12. 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.

Your Information

Address and Account Information

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:

  1. To provide true, accurate, current and complete information about your self and your property as requested by the Software, or the Company;
  2. To maintain and promptly updates the information to keep it true, accurate, current and complete
  3. Not to use a false identity or provide false or misleading information, including with respect to your identity, address, or the property

Your Responsibility

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:

  1. Notify the Company or the Developer immediately of any unauthorized use of your password or any other breach of security; and
  2. Exit from your account at the end of each session. You agree that you shall monitor your account to restrict unauthorized use.

Privacy Policy

You undertake to comply with the terms of Our Privacy Policy.

Disclaimer

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.

ACCEPTANCE

That the Website/ App are owned by The AHAsolar Technologies Limited (Here in after, 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 ECE India Energies Pvt Ltd (the “ECE Ecosystem”), a company that is registered with the Ministry of Corporate Affairs, under Company’s Act 1956.APL 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.

DESCRIPTION OF SERVICE AND CONTENT POLICY

Additionally, you agree not to:

SUBSCRIPTION

PAID POSTINGS

ACCESS TO THE SERVICE

INTELLECTUAL PROPERTY RIGHTS

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. In connection with the Services, the Website/ App may display certain Marks belonging to third parties. Use of these Marks may be subject to license granted by third parties to THE COMPANY. You shall, in no event, reverse engineer, decompile, or disassemble such Marks and nothing herein shall be construed to grant you any right in relation to such Marks. Materials on the Website/ the App are provided to you asis 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. THE COMPANY reserves all rights not expressly granted herein in relation to the Website, the App and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Website/ App for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website/ App or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Website/ App or the Materials therein. The Service is protected to the maximum extent permitted by copyright laws, other laws, and international treaties and/or conventions. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Website, the App, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the App, the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited. You further agree not to reproduce, duplicate or copy Content or Materials from the Service, and agree to abide by any and all copyright notices and other notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

USER SUBMISSIONS

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 further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, defamatory or libelous and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against THE COMPANY with respect thereto.

INDEMNITY

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, including without limitation any copyright, trademark, service mark, trade secret or other property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination, modification or expiration of these Terms of Use and your use of the Service and the Website/App.

NO SPAM POLICY

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. You acknowledge and agree that from time to time THE COMPANY may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one user to another in the THE COMPANY e mail system. 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. Any unauthorized use of THE COMPANY computer systems is a violation of these Terms of Use and certain applicable laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.

DEALINGS WITH ORGANIZATIONS AND INDIVIDUALS

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, and any other terms, conditions, warranties or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between you and such organizations and/or individuals. You agree and acknowledge that THE COMPANY shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. 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 (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.

LIMITATION AND TERMINATION OF SERVICE

You acknowledge and agree that THE COMPANY may establish limits from time to time concerning use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service or the Website. 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 reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that THE COMPANY shall not be liable to you or to any third party for any such modification, suspension or discontinuance of 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, and remove and discard any Content within the Service, for any reason or no reason at all, including, without limitation, if THE COMPANY believes that you have violated these Terms of Use. Further, you agree that THE COMPANY shall not be liable to you or any third party for any termination of your access to the Website/ App or the Service. Further, you agree not to attempt to use the Service after any such termination.

DISCLAIMER OF WARRANTIES

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. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law THE COMPANY, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Website and/or App and/or Service and your use thereof. THE COMPANYmakes 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: (i) errors, mistakes, or inaccuracies of Content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website/App and Service, (iii) any unauthorized access to or use of our servers and/or any and all personalinformation and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Website/ App, (iv) any bugs, viruses, Trojan Horses, or the like which may be transmitted to or through the Website/ App by any third party, and/or(v) 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, communicated, transmitted, or otherwise made available via the Website/ App or the Service. THE COMPANY does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website/ App or any hyperlinked website or featured in any banner or other advertising, and THE COMPANY will not be a party to or in any way be responsible for monitoring any transaction between you and/or other users and/or third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

LIMITATIONS OF LIABILITY

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 (even if THE COMPANY has been advised of the possibility of such damages), resulting from any aspect of your use of the Website, App or the Service, including without limitation whether the damages arise from use or misuse of the Website, App or the Service, from inability to use the Website, App or the Service, or the interruption, suspension, modification, alteration, or termination of the Website/App or the Service. Such limitation of liability shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the Website/ App or the Service or any links on the Website/ App, as well as by reason of any information, opinions or advice received through or advertised in connection with the Website/ App or the Service or any links on the COMPANY website. These limitations shall apply to the fullest extent permitted by law. 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.You specifically acknowledge and agree that THE COMPANY shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any user or third party and that the risk of harm or damage from the foregoing rests entirely with you.The Website and the App is controlled and offered by THE COMPANY. THE COMPANY makes no representations or warranties that the Website/ the App is appropriate for use in other locations. Those who access or use the Website and App from other jurisdictions do so at their own volition and risk and are responsible for compliance with local law. 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.

ASSIGNMENT

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.

ABILITY TO ACCEPT TERMS OF SERVICE

This Website/ App is intended only for users above the age of 18 and that you are eligible to contract as per applicable laws. If you are using/accessing this Website as a representative of any person/entity, you acknowledge that you are legally authorized to represent that person/entity. 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, and to abide by and comply with these Terms.NOTICE TO CHILDREN UNDER THE AGE OF 18 AND THEIR PARENTS ORGUARDIANS. 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. If you want to contact us, you may only do so through your parent or legal guardian.

GENERAL 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. However, in the event that you are a consumer it may be that consumer law requires that another law is applicable and that a claim may be submitted to another jurisdiction. The failure of THE COMPANY to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision. If any provision or provisions of these Terms of Use is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms of Use shall not in any way be affected or be impaired. 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) YEARAFTER THE CAUSE OF ACTION ACCRUES, EXCEPT THAT THE COMPANY MAY COMMENCE ANY SUCH CAUSE OF ACTION IN ACCORDANCE WITH THE APPLICABLE STATUTE OF LIMITATIONS UNDER INDIAN LAW. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. These Terms of Use shall inure to the benefit of and be binding upon each party's successors and assigns. As a part of the registration process, THE COMPANY requires its users to agree to the terms and conditions for using THE COMPANY Rooftop Solar Helper APP and the THE COMPANY Rooftop Solar Helper Website (“Appand Website are as defined hereinabove”).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.

PRIVACY POLICY

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