What do you mean by “Kunthu Solar”?
Kunthu Consultants Pvt. Ltd. (the “Kunthu Solar” or the “Company”) developed the white labelled mobile app, the “Kunthu Solar” App and the Website (the “Software”) which is developed by the AHAsolar Private 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.
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:
- You are of legal age to form a binding contract with the Company;
The Software and Materials
You acknowledge and agree that the Developer or may update the Software and THE COMPANY Materials with or without notifying you.
The rights granted to you in these Terms are subject to the following restrictions:
The rights granted to you in these Terms are subject to the following restrictions:
- You shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Materials or any portion thereof
- 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;
- You shall not use any meta tags or other “hidden text” using the Company’s or Developer’s name or trademarks;
- 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;
- 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 Soft ware without the Developer’ sprior written permission;
- Sending automated requests for quotes to one or more of the suppliers in our system
- Compiling a list of one or more of the suppliers in our system exceptin connection with obtaining a quote
- Access the Materials in order to build a similar or competitive Software or service;
- 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;
- You shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Materials.
- 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.
The Software and Materials
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:
- To provide true, accurate, current and complete information about your self and your property as requested by the Software, or the Company;
- To maintain and promptly updates the information to keep it true, accurate, current and complete
Not to use a false identity or provide false or misleading information, including with respect to your identity, address, or the property.
- 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:
- Notify the Company or the Developer immediately of any unauthorized use of your password or any other breach of security; and
- Exit from your account at the end of each session. You agree that you shall monitor your account to restrict unauthorized use.
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.
That the Website/ App are owned by The AHAsolar Private Limited (Hereinafter, APL), an Indian Private 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 Kunthu Consultants Pvt. Ltd. (the “Kunthu Solar”), a company that is registered with the Ministry of Corporate Affairs, under Company’s Act 1956.
DESCRIPTION OF SERVICE AND CONTENT POLICY
You understand that THE COMPANY does not control, and is not responsible for ads, directory information, business listings/information, messages between users, including without limitation emails sent from outside THE COMPANY’s domain or other means of electronic communication, whether through the Website, the App or another Third Party Website (defined below) or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Website, the App and
- release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms. For clarity, you retain all of your ownership rights in your Content; however, by submitting any Content on the Website/ App, you hereby grant to THE COMPANY an irrevocable, non-cancellable, perpetual, worldwide, nonexclusive, royalty free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Website/ App and THE COMPANY’s (and its successors’) business, including without limitation for the purpose of promoting and redistributing part or all of the Website/ App and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by THE COMPANY in order to host and display your Content. Furthermore, by you posting Content to any public area of the Service on the Website/ App, you agree to and do hereby grant to THE COMPANY all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Website or App by any party for any purpose. You also hereby grant each user of the Website/ App a nonexclusive license to access your Content through the Website and the App. The foregoing license to each user granted by you terminates once you or THE COMPANY remove or delete such Content from the Website.
- Website/ App more than twice. Further, at its sole discretion, THE COMPANY reserves the right to decide whether any Content is appropriate and complies with these Terms.
THE COMPANY may provide a video service to you if you upload photographs for your ad. By uploading your photographs, you irrevocably consent to the use of your photographs for this service and represent and warrant that you have all right, title and interest necessary to upload and use the photographs on this Service. Under this Service, using a third party application or service, THE COMPANY may, at its discretion, create a video of your photographs, upload the video via www.youtube.com or another third party service provider, as determined by THE COMPANY at its discretion, and embed the video into your ad on THE COMPANY.
- The data of the users, project created by the user and any other information given by the user may be used for research and development for any research or commercial organization.
Month” means calendar month of the Gregorian calendar. The subscription starts as soon as the payment is done stay valid for 30 days of the Gregorian calendar.
- You agree not to post, email, host, display, upload, modify, publish, transmit, update or share any information on the Website / App, or otherwise make available Content:
that violates any law or regulation; that is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant THE COMPANY all of the license rights granted herein;
- that infringes any of the foregoing intellectual property rights of any party, or is Content that you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s);
that is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic , libellous, invasive of another’s privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or illegal gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever;
that harasses, degrades, intimidates or is hateful towards any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that violates any (local) equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant.
- that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
- that includes personal or identifying information about another person without that person’s explicit consent;
- that impersonates any person or entity, including, but not limited to, an THE COMPANY employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- that is false, deceptive, misleading, deceitful, misinformative , or constitutes “bait and switch” offer;
that constitutes or contains “pyramid schemes,” “affiliate marketing,” “link referral code,” “junkmail ,” “spam,” “chain letters,” or unsolicited advertisements of a commercial nature;
- that constitutes or contains any form of advertising or solicitation if (1) posted in areas or categories of the Website/ App which are not designated for such purposes;
- or (2) emailed to THE COMPANY users who have requested not to be contacted about other services, products or commercial interests;
that includes links to commercial services or Third Party Websites, except as specifically allowed by THE COMPANY;
- that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;
that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other computer resource;
- that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack)to the Service, or that otherwise negatively affects other users’ ability to use the Service; or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
- contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose, specifically, contact any user to post advertisement on a third party Website or post any advertisement on behalf of such user; or to “stalk” or otherwise harass anyone;
make any libellous or defamatory comments or postings to or against anyone;
- collect personal data about other users or entities for commercial or unlawful purposes;
use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
- post Content that is outside the local area or not relevant to the local area, repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure;
- attempt to gain unauthorized access to computer systems owned or controlled by THE COMPANY or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Website.
ACCESS TO THE SERVICE
THE COMPANY grants you a limited, revocable, nonexclusive license to access and use the Service for personal use. This license granted herein does not include any of the following:
(a) access to or use of the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless
The license set forth in this Section permits you to display on your website, or create a hyperlink thereto, individual postings on the Service so long as such use is for non- commercial and/or news reporting purposes only (e.g., for use in personal blogs or other personal online media). If the total number of such postings displayed on or linked to your website exceeds ninety nine (99) postings, your use will be considered to be in violation of these Terms, unless THE COMPANY expressly grants you permission otherwise. You are also permitted to create a hyperlink to the home page of the Website so long as the link does not portray THE COMPANY, its employees, affiliates or agents in a false, confusing, misleading, derogatory, or otherwise offensive matter.
- 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.
INTELLECTUAL PROPERTY RIGHTS
- 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.
NO SPAM POLICY
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
ABILITY TO ACCEPT TERMS OF SERVICE
GUARDIANS. 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.
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.
Third Parties: We may use third party service providers to assist us in measuring purchases and sales on our Website/ App and generally improving our Website/ App and to monitor our users’ interests and activities. You hereby authorize THE COMPANY and/or third party service providers engaged by THE COMPANY to collect, use, store, analyse, reproduce, publish, and adapt (either on its own or through third party service provider) the information in relation to your use of the Website/ App for the purpose of data analysis and for improving your experience on the Website/ App. In addition, the Website/ App may occasionally contain links to third party sites or provide you information in relation to services that you may avail from any third parties. Information about services that you may choose to avail from these third party service providers may be actively provided to you by THE COMPANY in any manner including through its various marketing and communication channels. You acknowledge that this is solely undertaken by THE COMPANY to improve your experience in relation to the use of the Website/ App and the provision of such services shall be subject to such additional terms and conditions of THE COMPANY and/or third party service providers. THE COMPANY may also offer for free or for a fee, deliverables produced by third party service providers in furtherance of any services that you may have availed from these third party service providers in connection with the advertisement posted on the Website/ App, without any obligation (monetary or otherwise) towards you. THE COMPANY shall not be responsible for any service availed by you from such third parties or any payment made by you to such third parties in connection with the services. Any concern or claims in relation to such services should be
Protecting Your Personal Information: You are a valued customer, and we recognize that protecting your privacy is important to you. For this reason, we are committed to protecting the personal information you provide in a variety of ways. Your Registration Information may be protected by a unique customer password and user ID. You should not disclose your password information to anyone and you should always remember to log off if using a shared computer. Lastly, you may utilize the Website as an anonymous user by not registering. We have taken certain security protections in safeguarding your personal information. However, as with most electronic transactions, no method is 100% safe. While we strive to use a commercially acceptable means to protect the personal information you provide, we cannot guarantee its security. Therefore, you acknowledge and agree that we
assume no liability regarding the theft, loss, alteration or misuse of personal or other information or Content, including, without limitation, such information that has been provided to third parties or other users, or with regards to the failure of a third party to abide by the agreement between us and such third party. You agree that you are responsible for maintaining the confidentiality of your username and password, and all uses of your account, whether or not you have authorized such use.
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.
f in writing and signed by THE COMPANY.
Type of Information Collected: When you visit the Website/ App, we may collect certain non-personal information such as your Internet Protocol (“IP”) address, operating system, browser type, and Internet service provider. This type of information does not identify you personally. When you register with the Website or respond to advertisements or posts on the Website/ App or post contents on the Website/ App without registering, we may also collect personal information that you provide such as your name, mailing address, email address, phone/mobile number, home country, and zip code (“Registration Information”). You have the option of also providing to us your fax numbers, gender, age, and/or company name if you choose to register with THE COMPANY. If you provide your phone number, it will be displayed in your posting. Further, if you have provided your phone number and posted an advertisement using your account, you agree to receive communications on the provided phone number from our side which may include but not be limited to automated calls or text messages. The communication may require you to confirm and verify that your account has been used to post the relevant advertisement on the Website/ App. We may also collect additional information that our users provide, such as new or deleted postings, new or deleted comments, keyword searches, scam reports and new contact sellers. By using this Website/ App or the Service, you consent to collection, storage, and use of the personal information you provide for any of the services that we offer, and you consent to our collection of any changes or updates that you may provide to any information you provide that is collected by THE COMPANY.
Dispute resolution procedure:
The term “Force Majeure” shall mean events and circumstances beyond the reasonable control of either party and that affects either party’s performance herein, and is not brought at the instance of the party claiming to be affected by such event/ circumstanceand which, could not have been avoided or provided for acting in accordance with a reasonable prudent person.Such events and circumstance of Force Majeure,shall include, but not be limited to:
i. acts of God, acts of Government, riots, war, strikes, lockouts or other causes beyond the reasonable control of such parties.
The Company may provide you with notices and communications by email, regular mail or postings on the Website or by any other reasonable means. Except as otherwise set forth herein, notice to THE COMPANY must be sent by courier or registered mail to Kunthu Consultants Pvt. Ltd, 304, Daffodils flats,Purushottam Nagar,Subhanpura, Vadodara
,Gujarat- 390023, INDIA.