Welcome to SolarJunction.ai (hereinafter referred to as the “Platform”), an e-commerce platform operated by PCUBE EnergyTech Private Limited (hereinafter referred to as “PCUBE”, “Company”, “we,” “us” or “our”). PCUBE’s registered office is located at 5/301 Ved Vihar, Near Chandani Chowk, Paud Road, Kothrud, Pune, Maharashtra, 411038, and its corporate office is located at Bootstart CoWork, Waman Ganesh Heights, Behind Cafe Peter, Bavdhan, Pune, Maharashtra, 411021.
This document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 that require publishing the Rules and Regulations, Privacy Policy and Terms and Conditions for access or usage of Platform which consists of the static website (accessible at www.solarjunction.ai and hereinafter referred to as “website”), the online store (accessible at store.solarjunction.ai and hereinafter referred to as “online store” or simply “store”) and the installer app (accessible at installer.solarjunction.ai and hereinafter referred to as “installer app” or simply “app”).
AGREEMENT TO TERMS
User Agreement: These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “user” or “client”) and PCUBE, concerning your access to and use of the Platform. PCUBE may have subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”), providing the Services to you on behalf of PCUBE. You acknowledge and agree that PCUBE and its Subsidiaries will be entitled to provide the services to you under the terms of this Agreement. You agree that by accessing the Platform, you have read, understood, and agree to be bound by all of these Terms and Conditions.
IF YOU DO NOT AGREE WITH ALL OR ANY OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE PLATFORM AND YOU MUST DISCONTINUE ITS USE IMMEDIATELY.
Changes to Terms & Conditions: Supplemental terms and conditions or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Platform or using any of the Services after the date such revised Terms and Conditions become effective.
The information provided on the Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Platform from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Eligibility:
You must be at least 18 years of age to Sign Up on the Platform and use the store and/or installer app.
OUR SERVICES
Our website allows you to obtain information about our services and Sign Up.
Our online store allows you to buy various products required for solar PV installations.
Our installer app allows you to:
1) Create a BoQ using the “BoQ Builder”.
2) Embed the BoQ and other data, tables, and charts in a Proposal to be sent to prospects.
3) After you are awarded the project by a customer, you can send the entire BoQ to teh cart in the online store in one click.
DISCLAIMER
The above-mentioned features of the installer allow you to do in minutes what usually takes a couple of hours. However, the BoQ is merely a suggestion from our side. It is your responsibility to ensure that you buy all the products that are needed to do the solar PV installation, either from our online store or from elsewhere. Also, it is your responsibility to do the installation. PCUBE is in no way responsible for that, and you hereby waive, release and forever discharge and hold harmless PCUBE and its employees from any and all responsibility, liability, cost and expenses.
INTELLECTUAL PROPERTY RIGHTS
PCUBE and SolarJunction.ai are registered Trademarks of PCUBE EnergyTech Private Limited. Unless otherwise indicated, the Platform is our proprietary property and all content, source code, databases, functionality, software, website designs, audio, video, text, images, photographs, graphics, illustrations, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles and any other materials (hereinafter collectively reffered to as “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of India, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the Platform “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Platform and no Content or Marks may be modified, copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, performed, encoded, translated, transmitted, distributed, sold, licensed, create derivative works of or otherwise exploited for any commercial purpose whatsoever in whole or in part, without our express prior written permission.
Provided that you are eligible to use the Platform, you are granted a limited license to access and use the Platform and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Platform, the Content and the Marks.
Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on our Services. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, phone, tablet or any other mobile device, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other applications or networked computer environment is strictly prohibited unless you receive our prior written consent.
USER REPRESENTATIONS
By using the Platform, you represent and warrant that:
- all registration information you submit is true, accurate, current, and complete;
- you will maintain the accuracy of such information and promptly update such registration information as necessary;
- you have the legal capacity and you agree to comply with these Terms and Conditions;
- you are not a minor in the jurisdiction in which you reside;
- you will not access the Platform through automated or non-human means, whether through a bot, script or otherwise;
- you will not use the Platform for any illegal or unauthorized purpose; and
- your use of the Platform will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof).
USER REGISTRATION
You are required to register with the Platform. You do not need a password to Sign In to your account. Instead, we will send you an OTP to the registered mobile number and/or email address every time you want to Sign In. Please do not share this OTP with anyone under any circumstances.
POINTS
We give you points in exchange for performing certain actions, including but not limited to Sign Up, Sign In, getting a family member/friend/ acquaintance to Sign Up, and buying from our online store.
You can redeem these Points to get a full/partial discount while buying products/services from the Platform. Whether you can get a full or partial discount varies from Product to Product, and Service to Service.
Points are for individual users only. They are not applicable to organizations.
Points are not transferable from one user to another.
No accumulation or redemption of Points will be permissible if, on relevant date, your account has been deleted or is liable to be deleted or if the account of the User is a defaulted account or if there is any breach of any clause of these Terms and Conditions.
PCUBE may suspend or terminate the Points or make changes to it at any time for any reason at their sole discretion.
PCUBE reserves the right to amend these terms and conditions at any time without any prior notice. Modifications of these terms will be effective from the time they are updated in the Terms and Conditions section.
Online Store TERMS
All Products listed for sale in the Online Store are subject to availability and supplier restrictions at the time of purchase. The Products listed in the Online Store are subject to change without any prior notice.
Products listed in the Online Store are meant for your use in solar PV installations (and not resale). We may refuse to service your order if we suspect that you are buying Products for resale.
PCUBE may cancel or refuse your order, or limit the quantity of Products stated in your order, at its sole discretion. PCUBE may also require further information from you before confirming or processing your order.
The price of Products is displayed in Indian Rupees. It may exclude delivery charges, handling charges, conveyance charges, and/or applicable taxes. However, the total price of Products (including voluntary and involuntary charges) will be shown to you and your consent will be taken before confirming any order.
We endeavour to deliver purchased Products to you as soon as possible, as per the indicative delivery schedule shown on our Platform. However, the actual delivery times may vary, and depend on many factors beyond our control (like area/PIN code of delivery, processing of shipments by our logistics vendors, availability of transport services, or any other factors not within our control). We assume no liability if Products are delivered after the indicative delivery schedule.
Title in Products bought from the Online Store will pass to you upon delivery of the Products to our transport carrier. However, the risk of loss or damage to Products will pass to you upon delivery of the Products at your submitted address.
PCUBE does not accept liability for damage to persons or property whatsoever caused in relation to Products bought by 1Step Users through the Online Store.
For all the Products bought through the Online Store, the product and performance warranty is what is given by the OEMs (Original Equipment Manufacturers) who have manufactured the product.
If a Product delivered to you is not the Product you ordered, you can request an exchange from PCUBE.
If a Product delivered to you has obvious damage upon receipt, you can request an exchange from PCUBE, as long as you make your request within 7 working days of the date of receipt of the Product. We may contact you to confirm Product damage or to identify the Product delivered to you, before confirming an exchange/replacement. Please ensure that you retain Products in original condition, the Product packaging, price tags, supporting accessories and information booklets/brochure, to allow us to process an exchange/replacement.
You are responsible to determine if the Product you purchase is compatible with other equipment (if such other equipment is required). You acknowledge that an absence of compatibility is not a defect in the Product permitting you to exchange/return it.
Any images displayed on the Platform for Products are for illustrative purposes only. Actual products may look different.
FEES AND PAYMENT
We accept the following forms of payment:
– Credit Card
– Debit Card
– Net Banking
– Mobile Wallets
– UPI
– Paypal
You will be required to pay the appropriate amount to buy products sold through our online store. You may also be required to access services offered through our installer app. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Platform. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Platform. GST will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Indian National Rupees.
You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Platform.
We use advanced encryption technology, consistent with industry practice, to protect your payment information. All payments on the Platform are processed through secure and trusted payment gateways, managed by leading banks or service providers. We understand that banks use the 3D secure password service for online transactions, adding another security layer.
Any accepted refunds/chargebacks will be routed back to the payer using the same mechanism by which payment was made. For example, an accepted refund for a payment made through a debit card, will be routed back to the debit card holder’s bank account.
If a payment cannot be processed due to the absence of monetary funds, invalidity of credit card or for any other reasons, the order will be deemed to be incomplete. The order will be completed as soon as valid payment details are provided. Cancellation of the order can only be done at your manual request.
CANCELLATION
You can cancel your order anytime before we have shipped the products to you.
You can cancel your order after the products have been shipped. But in that case, we might charge you for shipping and handling charges incurred in shipping the products from the destination address back to the source address.
COMMUNITY STANDARDS AND CONDUCT GUIDELINES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use a buying agent or purchasing agent to make purchases on the Platform.
- Use the Platform to advertise or offer to sell goods and services.
- Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Platform and/or the Content contained therein.
- Engage in unauthorized framing of or linking to the Platform.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform.
- Attempt to impersonate another user or person or use the username of another user.
- Sell or otherwise transfer your profile.
- Use any information obtained from the Platform in order to harass, abuse, or harm another person.
- “Stalk” or otherwise harass another user or employee of the Services.
- Access or attempt to access another user’s account without his or her consent.
- Use the Platform as part of any effort to compete with us or otherwise use the Platform and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform.
- Attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform to you.
- Delete the copyright or other proprietary rights notice from any Content.
- Copy or adapt the Platform software, including but not limited to Flash, PHP, HTML, JavaScript, Angular or any other code.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform.
- Use the Platform in a manner inconsistent with any applicable laws or regulations.
Your privilege to use the Services (including your ability to contribute to discussions on the Public Forum or communicate with other users on the Platform) depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of the Services and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, or any part of these Terms & Conditions, we may terminate, in our sole discretion, your use of, or participation in, any Public Forum or the Services. Any violation of this section may subject you to civil and/or criminal liability.
YOU AGREE AND UNDERSTAND THAT YOU MAY BE HELD LEGALLY RESPONSIBLE FOR DAMAGES SUFFERED BY OTHER MEMBERS OR THIRD PARTIES AS THE RESULT OF YOUR REMARKS, INFORMATION, FEEDBACK OR OTHER CONTENT POSTED OR MADE AVAILABLE ON THE SERVICES (INCLUDING ANY FORUM) THAT IS DEEMED DEFAMATORY OR OTHERWISE LEGALLY ACTIONABLE. UNDER SECTION 79 OF THE INFORMATION TECHNOLOGY AMENDMENT ACT, 2008, PCUBE IS NOT LEGALLY RESPONSIBLE, NOR CAN IT BE HELD LIABLE FOR DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION TO ANY DEFAMATORY OR OTHERWISE LEGALLY ACTIONABLE REMARKS, INFORMATION, FEEDBACK OR OTHER CONTENT POSTED OR MADE AVAILABLE ON THE SERVICES.
ANTI HARASSMENT POLICY
We do not tolerate harassment on 1Step. We want people to feel safe to engage and connect with their community. Our harassment policy applies to both public and private individuals because we want to prevent unwanted or malicious contact on the platform. Context and intent matter, and we allow people to share posts if it is clear that something was shared in order to condemn or draw attention to harassment. In addition to reporting such behavior and content, we encourage people to use tools available on the Platform to help protect against it. Anyone found in violation of this Harassment Policy will be banned immediately from the community and the user’s Account will be terminated.
Do not:
Repeatedly contact a single person despite that person’s clear desire and action to prevent that contact.
Repeatedly contact large numbers of people with no prior solicitation.
Make Posts, Comments or Send messages that contain:
Cursing aimed at an individual or group of individuals in the thread.
Calls for death, serious disease or disability, or physical harm aimed at an individual or group of individuals in the thread.
Trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people.
Claims that a victim of a violent tragedy is lying about being a victim, acting/pretending to be a victim of a verified event, or otherwise is paid or employed to mislead people about their role in the event when sent directly to a survivor and/or > immediate family member of a survivor or victim.
Send messages to a group that contain trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people, regardless of whether the person being targeted is a public or private individual.
Target anyone maliciously, including public figures, by attacking them based on their status as a victim of sexual assault or sexual exploitation.
a. Threatening any participant in public discourse with violence in an attempt to intimidate or silence them.
b. Calling for self-injury or suicide of a specific person, or group of people.
Target victims or survivors of violent tragedies by name or by image, with claims that they are lying about being a victim of an event.
Acting/pretending to be a victim of an event.
Otherwise paid or employed to mislead people about their role in the event.
THIRD-PARTY WEBSITES AND CONTENT
The Platform may contain (or you may be sent via the Website) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Platform or any Third-Party Content posted on, available through, or installed from the Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Platform and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Platform or relating to any applications you use or install from the Platform. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your use and purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
Platform MANAGEMENT
We reserve the right, but not the obligation, to:
monitor the Platform for violations of these Terms and Conditions;
take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
in our sole discretion and without limitation, notice, or liability, to remove from the Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform.
PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy at:
https://www.1step.health/privacy-policy. By using the Platform, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. Please be advised the Platform is hosted in the EU Region as per the GDPR Guidelines. If you access the Platform from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in India or EU, then through your continued use of the Platform, you are transferring your data to India and EU, and you expressly consent to have your data transferred to and processed in India and stored in EU region. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. If we receive actual knowledge that anyone under the age of 18 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Platform as quickly as is reasonably practicable.
COPYRIGHT, TRADEMARK, AND OTHER INTELLECTUAL PROPERTY INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Platform infringes upon any Intellectual Property you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to Indian Copyright laws you may be held liable for damages if you make material misrepresentations in a Notification by making false copyright claims. Thus, if you are not sure that material located on or linked to by the Platform infringes your copyright, you should consider first contacting an attorney. We may terminate your 1Step account if you repeatedly infringe the intellectual property rights of others.
TERM AND TERMINATION
These Terms and Conditions shall remain in full force and effect while you use the Platform.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITION, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE PLATFORM (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND MOBILE APP OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Platform at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Platform. We also reserve the right to modify or discontinue all or part of the Platform without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Platform.
We cannot guarantee the Platform will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuance of the Platform. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Platform or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These Terms and Conditions and your use of the Platform shall be governed by and shall be construed in accordance with the laws of India. All disputes relating to this Agreement shall be settled in the courts located at Pune, Maharashtra.
Any cause of action arising out of a User’s use of Services must be commenced within 30 (thirty) days after:
when such cause of action accrues; or
such User becomes aware of the facts giving rise to the cause of action, whichever is later, else, such cause of action shall be permanently barred.
DISPUTE RESOLUTION
Binding Arbitration
If any dispute, controversy or claim arises under this Agreement or in relation to any Service or the Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, PCUBE may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act.
The seat of the arbitration shall be Pune and the language of this arbitration shall beEnglish. Either You or PCUBE may seek any interim or preliminary relief from a court of competent jurisdiction in Pune necessary to protect the rights or the property belonging to You or PCUBE (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor PCUBE may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and PCUBE. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive the termination of this Agreement.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law,
no arbitration shall be joined with any other proceeding;
there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and
there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration:
any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;
any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and
any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
CORRECTIONS
There may be information on the Platform that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice.
DISCLAIMER
THE PLATFORM IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE PLATFORM AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE PLATFORM AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APP FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY 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 WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
use of the Platform;
breach of these Terms and Conditions;
any breach of your representations and warranties set forth in these Terms and Conditions;
your violation of the rights of a third party, including but not limited to intellectual property rights; or
any overt harmful act toward any other user of the Platform with whom you connected via the Platform. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Platform for the purpose of managing the performance of the Platform, as well as data relating to your use of the Platform. Although we encrypt and perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Platform.
You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Platform, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE PLATFORM.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
MISCELLANEOUS
These Terms and Conditions and any policies or operating rules posted by PCUBE on the Platform or in respect to the Platform constitute the entire agreement and understanding between you and PCUBE. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Platform. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
COMPLAINTS AND GRIEVANCES
If you would like to receive further information regarding the use of the Platform, or become aware of a violation of these Terms of Use, or objectionable content on the Platform, or otherwise have a complaint or grievance you would like resolved, please contact us at:
PCUBE EnergyTech Private Limited
5/301 Ved Vihar, Near Chandani CHowk,
Paud Road, Kothrud, Pune, Maharashtra, 411014
India
Phone: +91-9822-378-284
Email: support@solarjunction.ai
