Terms of Service
OVERVIEW
This
is an electronic record in the form of an electronic contract formed under
Information Technology Act, 2000 and rules made thereunder and the amended
provisions pertaining to electronic documents/ records in various statutes as
amended by the Information Technology Act, 2000. These Terms of Service do not
require any physical, electronic or digital signature.
This
website www.usasolarteam.com is operated by usasolarteam. Throughout the
site, the terms “we”, “us” and “our” refer to usasolarteam. usasolarteam offers
this website, including all information, tools and services available from this
site to you, the user, conditioned upon your acceptance of all terms,
conditions, policies and notices stated here.
These
Terms of Services are legally binding between the users and usasolarteam. These
Terms of Service will be effective upon your acceptance of the same (directly
or indirectly in electronic form or by means of an electronic record) and will govern
the relationship between you and usasolarteamfor the use of website.
This
document is published and shall be construed in accordance with the provisions
of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules,
2011 under Information Technology Act, 2000 that require publishing the rules
and regulations, privacy policy and user agreement for access or usage of the
website.
By
visiting our site and/ or purchasing something from us, you engage in our
“Service” and agree to be bound by the following terms and conditions (“Terms
of Service”, “Terms”), including those additional terms and conditions and
policies referenced herein and/or available by hyperlink. These Terms of
Service apply to all users of the site, including without limitation users who
are browsers, vendors, customers, system integrators, channel partners and/ or
contributors of content.
Please
read these Terms of Service carefully before accessing or using our website. By
accessing or using any part of the site, you agree to be bound by these Terms
of Service. If you do not agree to all the terms and conditions of this
agreement, then you may not access the website or use any services.If these
Terms of Service are considered an offer, acceptance is expressly limited to these
Terms of Service.
Any
new features or tools which are added to the current portal shall also be
subject to the Terms of Service. You can review the most current version of the
Terms of Service at any time on this page. We reserve the right to update, change
or replace any part of these Terms of Service by posting updates and/or changes
to our website from time to time, with or without any notice. It is your
responsibility to check this page periodically for changes. Your continued use
of or access to the website following the posting of any changes constitutes
acceptance of those changes. By surfing, logging or connecting to, accessing or
using the website you acknowledge that the Terms of Service constitute a
binding and enforceable legal contract between usasolarteam and any person
connecting to, accessing or using the website.
SECTION 1 - ONLINE STORE TERMS
The
Services are not available to minors under the age of eighteen (18) or to any
users suspended or removed by usasolarteam for using the Services for any reason
whatsoever. You represent that you are of legal age to form a binding contract
and are not a person barred from receiving the services under the laws as
applicable in India. Notwithstanding the foregoing, if you are below the age of
eighteen (18) years, please read through these Terms of Service with your
parent or legal guardian, and in such an event these Terms of Service shall be
deemed to be a contract between usasolarteam and your legal guardian or parent
and to the extent permissible under applicable laws, enforceable against you.
You
may not use our products for any illegal or unauthorized purpose nor may you,
in the use of the Service, violate any laws in your jurisdiction (including but
not limited to copyright laws).
You
must not transmit any worms or viruses or any code of a destructive
nature.
A
breach or violation of any of the Terms will result in an immediate termination
of your Services.
SECTION 2 - GENERAL CONDITIONS
We
reserve the right to refuse service to anyone for any reason at any time.
You
understand that your content (not including credit card information), may be
transferred unencrypted and involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices. Credit card information is always encrypted during
transfer over networks.
You
agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of
the Service, use of the Service, or access to the Service or any contact on the
website through which the service is provided, without express written
permission by us.
The
headings used in this agreement are included for convenience only and will not
limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We
are not responsible if information made available on this site is not accurate,
complete or current. The material on this site is provided for general
information only and should not be relied upon or used as the sole basis for
making decisions without consulting primary, more accurate, more complete or
more timely sources of information. Any reliance on the material on this site
is at your own risk.
This
site may contain certain historical information. Historical information,
necessarily, is not current and is provided for your reference only. We reserve
the right to modify the contents of this site at any time, but we have no
obligation to update any information on our site. You agree that it is your
responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices
for our products are subject to change without notice.We reserve the right at
any time to modify or discontinue the Service (or any part or content thereof)
without notice at any time. We shall not be liable to you or to any
third-party for any modification, price change, suspension or discontinuance of
the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain
products or services may be available exclusively online through the website.
We reserve the right, but are not obligated, to limit the sales of our products
or Services to any person, geographic region or jurisdiction. We may exercise
this right on a case-by-case basis. We reserve the right to limit the
quantities of any products or services that we offer. All descriptions of
products or product pricing are subject to change at anytime without notice, at
the sole discretion of us. We reserve the right to discontinue any product at
any time. Any offer for any product or service made on this site is void where
prohibited.
We
do not warrant that the quality of any products, services, information, or
other material purchased or obtained by you will meet your expectations, or
that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We
reserve the right to refuse any order you place with us. We may, in our sole
discretion, limit or cancel quantities purchased per person, per household or
per order. These restrictions may include orders placed by or under the same
customer account, the same credit card, and/or orders that use the same billing
and/or shipping address. In the event that we make a change to or cancel an
order, we may attempt to notify you by contacting the e-mail and/or billing
address/phone number provided at the time the order was made. We reserve the
right to limit or prohibit orders that, in our sole judgment, appear to be
placed by dealers, resellers or distributors.
You
agree to provide current, complete and accurate purchase and account
information for all purchases made at our store. You agree to promptly update
your account and other information, including your email address and credit
card numbers and expiration dates, so that we can complete your transactions
and contact you as needed.
SECTION 7 - THIRD-PARTY LINKS
Certain
content, products and services available via our Service may include materials
from third-parties.
Third-party
links on this site may direct you to third-party websites that are not
affiliated with us. We are not responsible for examining or evaluating the
content or accuracy and we do not warrant and will not have any liability or
responsibility for any third-party materials or websites, or for any other
materials, products, or services of third-parties.
We
are not liable for any harm or damages related to the purchase or use of goods,
services, resources, content, or any other transactions made in connection with
any third-party websites. Please review carefully the third-party's policies
and practices and make sure you understand them before you engage in any
transaction. Complaints, claims, concerns, or questions regarding third-party
products should be directed to the third-party.
SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If,
at our request, you send certain specific submissions (for example contest
entries) or without a request from us you send creative ideas, suggestions,
proposals, plans, or other materials, whether online, by email, by postal mail,
or otherwise (collectively, 'comments'), you agree that we may, at any time,
without restriction, edit, copy, publish, distribute, translate and otherwise
use in any medium any comments that you forward to us. We are and shall be
under no obligation (1) to maintain any comments in confidence; (2) to pay
compensation for any comments; or (3) to respond to any comments.
We
may, but have no obligation to, monitor, edit or remove content that we
determine in our sole discretion are unlawful, offensive, threatening,
libellous, defamatory, pornographic, obscene or otherwise objectionable or
violates any party’s intellectual property or these Terms of Service.You agree
that your comments will not violate any right of any third-party, including
copyright, trademark, privacy, personality or other personal or proprietary
right. You further agree that your comments will not contain libellous or
otherwise unlawful, abusive or obscene material, or contain any computer virus
or other malware that could in any way affect the operation of the Service or
any related website. You may not use a false e-mail address, pretend to be
someone other than yourself, or otherwise mislead us or third-parties as to the
origin of any comments. You are solely responsible for any comments you make
and their accuracy. We take no responsibility and assume no liability for any
comments posted by you or any third-party.
SECTION 9 - PERSONAL INFORMATION
Your
submission of personal information through the store is governed by our Privacy
Policy, please refer the same.
SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally
there may be information on our site or in the Service that contains
typographical errors, inaccuracies or omissions that may relate to product
descriptions, pricing, promotions, offers, product shipping charges, transit
times and availability. We reserve the right to correct any errors,
inaccuracies or omissions, and to change or update information or cancel orders
if any information in the Service or on any related website is inaccurate at
any time without prior notice (including after you have submitted your
order).
We
undertake no obligation to update, amend or clarify information in the Service
or on any related website, including without limitation, pricing information,
except as required by law. No specified update or refresh date applied in the
Service or on any related website, should be taken to indicate that all
information in the Service or on any related website has been modified or
updated.
SECTION 11 - PROHIBITED USES
In
addition to other prohibitions as set forth in the Terms of Service, you are
prohibited from using the site or its content: (a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts; (c) to
violate any international, federal, provincial or state regulations, rules,
laws, or local ordinances; (d) to infringe upon or violate our intellectual
property rights or the intellectual property rights of others; (e) to harass,
abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
based on gender, sexual orientation, religion, ethnicity, race, age, national
origin, or disability; (f) to submit false or misleading information; (g) to
upload or transmit viruses or any other type of malicious code that will or may
be used in any way that will affect the functionality or operation of the
Service or of any related website, other websites, or the Internet; (h) to
collect or track the personal information of others; (i) to spam, phish, pharm,
pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any
related website, other websites, or the Internet. We reserve the right to
terminate your use of the Service or any related website for violating any of
the prohibited uses.
SECTION 12- USER OBLIGATIONS
You
are a restricted user of this website. You are bound not to cut, copy,
distribute, modify, recreate, reverse engineer, distribute, disseminate post,
publish or create derivative works from, transfer, or sell any information or
software obtained from the website. With our prior permission, limited use may
be allowed. For the removal of doubt, it is clarified that unlimited or
wholesale reproduction, copying of the content for commercial or non-commercial
purposes and unwarranted modification of data and information within the
content of the website is not permitted.
You
agree not to access (or attempt to access) the website and/ or the materials or
Services by any means other than through the interface that is provided by the
website. The use of deep-link, robot, spider or other automatic device,
program, algorithm or methodology, or any similar or equivalent manual process,
to access, acquire, copy or monitor any portion of the Website or content, or
in any way reproduce or circumvent the navigational structure or presentation
of the website, materials or any content, to obtain or attempt to obtain any
materials, documents or information through any means not specifically made
available through the website.
We
can (and you hereby expressly authorize us to) disclose any information about
you to law enforcement or other government officials, as we, in our sole
discretion, believe necessary or appropriate in connection with the
investigation and/or resolution of possible crimes, especially those that may
involve personal injury. You understand that we have the right at all times to
disclose any information (including the identity of the persons providing
information or materials on the website) as necessary to satisfy any law,
regulation or valid governmental request. This may include, without limitation,
disclosure of the information in connection with investigation of alleged
illegal activity or solicitation of illegal activity or in response to a lawful
court order or subpoena.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We
do not guarantee, represent or warrant that your use of our service will be
uninterrupted, timely, secure or error-free.We do not warrant that the results
that may be obtained from the use of the service will be accurate or
reliable. You agree that from time to time we may remove the service for
indefinite periods of time or cancel the service at any time, without notice to
you.
You
expressly agree that your use of, or inability to use, the service is at your
sole risk. The service and all products and services delivered to you through
the service are (except as expressly stated by us) provided 'as is' and 'as
available' for your use, without any representation, warranties or conditions
of any kind, either express or implied, including all implied warranties or
conditions of merchantability, merchantable quality, fitness for a particular
purpose, durability, title, and non-infringement.
In
no case shall usasolarteam, our directors, officers, employees, affiliates,
agents, contractors, interns, suppliers, service providers or licensors be
liable for any injury, loss, claim, or any direct, indirect, incidental,
punitive, special, or consequential damages of any kind, including, without
limitation lost profits, lost revenue, lost savings, loss of data, replacement
costs, or any similar damages, whether based in contract, tort (including
negligence), strict liability or otherwise, arising from your use of any of the
service or any products procured using the service, or for any other claim
related in any way to your use of the service or any product, including, but
not limited to, any errors or omissions in any content, or any loss or damage
of any kind incurred as a result of the use of the service or any content (or product)
posted, transmitted, or otherwise made available via the service, even if
advised of their possibility. Because some states or jurisdictions do not allow
the exclusion or the limitation of liability for consequential or incidental
damages, in such states or jurisdictions, our liability shall be limited to the
maximum extent permitted by law.
SECTION 14 - BREACHES OF THESE TERMS AND CONDITIONS
Without
prejudice to our other rights under these Terms of Service, your rights may
automatically terminate without notice if you fail to comply with its terms. If
you do not comply with the terms, we have the right to take any action that we
deem appropriate. We may terminate the Terms of Service or restrict, suspend or
terminate your access to the website or your use of the Service at our
discretion without notice at any time and/or bringing court proceedings against
you, including if we determine that your use violates this Terms of Service, is
improper, substantially exceeds or differs from normal use by other users, or
otherwise involves fraud or misuse of the Service or harms our interests or
those of another user of the Service or of a third party.
SECTION 15 - INDEMNIFICATION AND LIMITATION OF LIABILITY
You
agree to indemnify, defend and hold usasolarteam harmless and our parent,
subsidiaries, affiliates, partners, officers, directors, agents, contractors,
licensors, service providers, subcontractors, suppliers, interns and employees,
harmless from any claim or demand, including reasonable attorneys’ fees, made
by any third-party due to or arising out of your breach of these Terms of
Service or the documents they incorporate by reference, or your violation of
any law or the rights of a third-party including intellectual property rights
In
no event shall we, or our officers, directors, employees, partners or suppliers
be liable to you or any third party for any special, incidental, indirect,
consequential or punitive damages whatsoever, including those resulting from
loss of use, data or profits, whether or not foreseeable or whether or not We
have been advised of the possibility of such damages, or based on any theory of
liability, including breach of contract or warranty, negligence or other
tortious action, or any other claim arising out of or in connection with your
use of or access to the website or Services .
The
limitations and exclusions in this section apply to the maximum extent
permitted by applicable law.
SECTION 16 - SEVERABILITY
In
the event that any provision of these Terms of Service is determined to be
unlawful, void or unenforceable, such provision shall nonetheless be
enforceable to the fullest extent permitted by applicable law, and the
unenforceable portion shall be deemed to be severed from these Terms of
Service, such determination shall not affect the validity and enforceability of
any other remaining provisions.
SECTION 17 - TERMINATION
The
obligations and liabilities of the parties incurred prior to the termination
date shall survive the termination of this agreement for all purposes.
These
Terms of Service are effective unless and until terminated by either you or us.
You may terminate these Terms of Service at any time by notifying us that you
no longer wish to use our Services, or when you cease using our site.
If
in our sole judgment you fail, or we suspect that you have failed, to comply
with any term or provision of these Terms of Service, we also may terminate
this agreement at any time without notice and you will remain liable for all
amounts due up to and including the date of termination; and/or accordingly may
deny you access to our Services (or any part thereof).
SECTION 18 - ENTIRE AGREEMENT
The
failure of us to exercise or enforce any right or provision of these Terms of
Service shall not constitute a waiver of such right or provision.These Terms of
Service and any policies or operating rules posted by us on this site or in
respect to The Service constitutes the entire agreement and understanding
between you and us and govern your use of the Service, superseding any prior or
contemporaneous agreements, communications and proposals, whether oral or
written, between you and us (including, but not limited to, any prior versions
of the Terms of Service).
Any
ambiguities in the interpretation of these Terms of Service shall not be
construed against the drafting party.
SECTION 19 - GOVERNING LAW AND DISPUTE RESOLUTION
The
formation, interpretation and performance of this Agreement and any disputes
arising out of it shall be resolved by arbitration, as per the Arbitration and
Conciliation Act, 1996.The matter shall be referred to a sole arbitrator as
selected by usasolarteam. The arbitral award shall be final and binding on both
parties.
SECTION 20 - CHANGES TO TERMS OF SERVICE
You
can review the most current version of the Terms of Service at any time at this
page.We reserve the right, at our sole discretion, to update, change or replace
any part of these Terms of Service by posting updates and changes to our
website. It is your responsibility to check our website periodically for
changes. Your continued use of or access to our website or the Service
following the posting of any changes to these Terms of Service constitutes
acceptance of those changes.
SECTION 21 - CONTACT INFORMATION
Questions
about the Terms of Service should be sent to us at info@usasolarteam.com