TERMS AND CONDITIONS

DEFINITIONS

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:

GENERAL DISCLOSURE

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. 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.
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.
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
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.

AGREEMENT TO THE TERMS OF USAGE & SERVICE

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.
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.

ELIGIBILITY & CONTRACTUAL RELATIONSHIP

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
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.
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. 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.

SERVICES

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:

   1. facilitating the purchase of Solar Panel
   2. providing services pertaining to the maintenance and cleaning of Solar Panel providing Solar loans
   3. providing any other services whether through the Service Provider or otherwise, as Solnce Energy may deem fit from time to time.
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.
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
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.

PAYMENT

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.
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.
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.
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. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Solnce Energy may, as the Service Provider's limited payment collection agent, use a secondary payment method in your Account, if available.
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. 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.

REFER AND EARN

1. The Company shall provide a reward to registered Users of the Platform who recommend new prospective users to our Platform and Services.
2. A User will be eligible to claim the reward once the new user completes a transaction with the Company, subject to the specific terms and circumstances set forth

CANCELLATION POLICY

1. Cancellation by Solnce Energy

   • If you place an order on the Platform for any Services and due to some reason, the Services cannot be provided on the Platform, the order will be cancelled and the transaction amount, if already paid, will be refunded to you as per these Terms.
   • Certain situations that may lead to the order being cancelled may include, but not limited to, non-availability of the Products or Services requested by use, discrepancies in pricing information, or due to a Force Majeure Event mentioned in 7.1.4
   • Solnce Energy may, at its discretion, either contact you for instructions or cancel the order and notify you of such cancellation. In such cases, the transaction amount will be refunded to you as per these Terms.
   • A “Force Majeure Event” for the purpose of these Terms shall mean any event that is beyond the reasonable control of Solnce Energy and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, civil disturbances, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, pandemic or national/state lockdown due to any reason and any other similar events not within the control of Solnce Energy and which Solnce Energy is not able to overcome.

2. Cancellation by You

   • In situations where, orders are requested to be cancelled from your side, Solnce Energy reserves the right to accept or reject requests for order cancellations for any reason whatsoever.
   • If Solnce Energy receives a cancellation notice and the order has not been processed/approved or dispatched (as applicable) by the relevant Service Provider, Solnce Energy shall cancel the order and refund the transaction amount to you as per these Terms.
   • In situation where orders have already been processed/approved or have been dispatched (as applicable), Solnce Energy will not be able to cancel such orders.
   • Solnce Energy shall be the only deciding body as to whether an order has been processed/approved or dispatched (as applicable) or not. You agree not to dispute the decision made by Solnce Energy and accept Solnce Energy’s decision regarding the cancellation.

REFUND POLICY

1. Only cancellation requests which have been mentioned in Sub Clauses of 7.1 and 7.2.2, you will be eligible for a refund. Details in relation to such refunds shall be informed to you through via or e-mail (provided at the time of registration or purchase) or in-app notification on the Platform or in such other manner as may be deemed fit by Solnce Energy.
2. Solnce Energy reserves the right to honour such refund requests in a manner it deems fit and it is clarified that such refund requests shall be accepted by Solnce Energy only in exceptional cases. You agree not to challenge such decision in any manner whatsoever.
3. The transaction amount will be refunded to your bank account or the virtual payment wallets, as used by you at the time of placing an order for a Product or other Service on the Platform.
4. Refund will be done within 15 business days from the date of request of cancellation, if found eligible.

LIMITATION OF LIABILITY

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; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY; AND/OR (VI) 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 SOLANCE ENERGY VIS-À-VIS 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.
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.
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.

PRIVACY POLICY

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.

WAIVER

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.

SEVERANCE

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

COMMUNICATION

1. All notices under these Terms shall be in writing and be deemed duly given if signed by theParty giving the notice or by a duly authorised officer thereof, as appropriate. Notices shallbe deemed to have been duly given:

   • when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient; or
   • when sent, if transmitted by facsimile or email and a successful transmission report or return receipt is generated; or
   • on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or
   • on the tenth business day following mailing, if mailed by airmail, postage prepaid
2. All notices under these Terms shall be addressed to the most recent address, facsimile number, or email address notified to the other Party.

GRIEVANCE OFFICER

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 info@solnceenergy.in or contact our grievance officer whose contact details are provided below:
   
   Name : Ms. Soha Kapadia
   Designation : Chief Innovation Office
   Contact No.: +91 9429555581
   Email id: soha.kapadia@solnceenergy.com

LAW AND JURISDICTION

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.

DISPUTE RESOLUTION

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.