TERMS AND CONDITIONS
This document is an electronic record in terms of Information Technology Act,2000 and rules there under as applicable and the amended provisions pertaining toelectronic records in various statutes as amended by the Information TechnologyAct, 2000. This electronic record is generated by a computer system and does notrequire any physical or digital signatures.
The terms “We” / “Us” / “Our”/ “Company” individually and collectively refer toWaaree Renewables Technologies Ltdandthe terms “Visitor” / “User” / “you” /“your” refer to the users/customers/visitor/buyer.
This page states the Terms and Conditions under which you may visit this websitewaareertl.com. Please read this page carefully. If you do not accept the Terms andConditions stated here, we would request you to exit this site. The business, any ofits business divisions and / or its subsidiaries, associate companies or subsidiariesor such other investment companies in India reserve their respective rights torevise these Terms and Conditions at any time by updating this posting. You shouldvisit this page periodically to re-appraise yourself of the Terms and Conditions,because they are binding on all users of this Website.
1. USE OF CONTENT
All logos, brands, marks headings, labels, names, signatures, numerals, shapes orany combinations thereof, appearing in this site, except as otherwise noted, areproperties either owned, or used under license, by the business and / or itsassociate entities who feature on this Website. The use of these properties or anyother content on this site, except as provided in these terms and conditions or inthe site content, is strictly prohibited
You may not sell or modify the content of this Website or reproduce, display,publicly perform, distribute, or otherwise use the materials in any way for anypublic or commercial purpose without our written permission
2. Your Account
If you use the Website, you are responsible for maintaining theconfidentiality of your account and password and for restricting access toyour computer or mobile or otherwise to prevent unauthorized access toyour account. You agree to accept responsibility for all activities that occurunder your account or password. You should take all necessary steps toensure that the password is kept confidential and secure and should informus immediately if you have any reason to believe that your password hasbecome known to anyone else, or if the password is being, or is likely to be,used in an unauthorized manner. Please ensure that the details youprovide us with are correct and complete and inform us immediately of anychanges to the information that you provided when registering. You canaccess and update much of the information you provided us with in theYour Account area of the website. You agree and acknowledge that you willuse your account on the website to purchase products only for yourpersonal use and not for business purposes. If you wish to order productsfor business purposes you may reach to us at email@example.com
4. E-Website for Communication
You agree, understand and acknowledge that the Website is an online Website thatenables you to purchase products listed on the Website at the price indicatedtherein at any time from any location. You further agree and acknowledge that weare only a facilitator and not a party to or controller in any manner for anytransactions made on the Website. Accordingly, the contract of sale of products onthe website shall be a strictly bipartite contract between us.
5. Access to Website
We will do our utmost to ensure that availability of the Website will beuninterrupted and that transmissions will be error-free. However, due to thenature of the Internet, this cannot be guaranteed. Also, your access to the Websitemay also be occasionally suspended or restricted to allow for repairs, maintenance,or the introduction of new facilities or services at any time without prior notice. Wemay attempt to limit the frequency and duration of any such suspension orrestriction.
6. License for Website access
Subject to your compliance with these Terms & Conditions and payment ofapplicable fees, if any, we grant you a limited license to access and make personaluse of this Website, but not to download (other than page caching) or modify it, orany portion of it, except with express written consent from Company and / or itsaffiliates, as may be applicable. This license does not include any resale orcommercial use of this Website or its contents; any collection and use of anyproduct listings, descriptions, or prices; any derivative use of this Website or itscontents; any downloading or copying of account information for the benefit ofanother seller; or any use of data mining, robots, or similar data gathering andextraction tools
This Website or any portion of this Website (including but not limited to anycopyrighted material, trademarks, or other proprietary information) may not bereproduced, duplicated, copied, sold, resold, visited, distributed or otherwiseexploited for any commercial purpose without express written consent of Companyand / or its affiliates, as may be applicable.
You may not frame or use framing techniques to enclose any trademark, logo, orother proprietary information (including images, text, page layout, or form) ofCompany and its affiliates without express written consent. You may not use anymeta tags or any other “hidden text” utilising Company‘s and/or its affiliates’names or trademarks without the express written consent of Company and / or itsaffiliates, as applicable. Any unauthorized use terminates the permission or licensegranted by Company and / or its affiliates, as applicable.
You are granted a limited, revocable, and non-exclusive right to create a hyperlinkto the welcome page of Company as long as the link does not portray Companyand/or their affiliates, or their products or services in a false, misleading,derogatory, or otherwise offensive matter. You may not use any Company logo orother proprietary graphic or trademark as part of the link without express writtenconsent of Company and / or its affiliates, as may be applicable.
7. ACCEPTABLE WEBSITE USE
A. Security Rules
Visitors are prohibited from violating or attempting to violate the security of theWebsite, including, without limitation,
1. accessing data not intended for such user or logging into a server or accountwhich the user is not authorized to access.
2. attempting to probe, scan or test the vulnerability of a system or network orto breach security or authentication measures without proper authorization
3. attempting to interfere with service to any user, host or network, including,without limitation, via means of submitting a virus or “Trojan horse” to theWebsite, overloading, “flooding”, “mail bombing” or “crashing”
4. sending unsolicited electronic mail, including promotions and/or advertisingof products or services.
5. to send, use or reuse any material that does not belong to you; or is illegal,offensive (including but not limited to material that is sexually explicitcontent or which promotes racism, bigotry, hatred or physical harm),deceptive, misleading, abusive, indecent, harassing, blasphemous,defamatory, libelous, obscene, pornographic, pedophilic or menacing;ethnically objectionable, disparaging or in breach of copyright, trademark,confidentiality, privacy or any other proprietary information or right; or isotherwise injurious to third parties; or relates to or promotes moneylaundering or gambling; or is harmful to minors in any way; or impersonatesanother person; or threatens the unity, integrity, security or sovereignty ofIndia or friendly relations with foreign States; or objectionable or otherwiseunlawful in any manner whatsoever; or which consists of or containssoftware viruses, political campaigning, commercial solicitation, chainletters, mass mailings or any “spam”.
6. to cause annoyance, inconvenience or needless anxiety
Violations of system or network security may result in civil or criminal liability.The Company and / or its associate entities will have the right to investigateoccurrences that they suspect as involving such violations and will have theright to involve, and cooperate with, law enforcement authorities in prosecutingusers who are involved in such violations
B. General Rules
Visitors may not use the Web Site in order to transmit, distribute, store ordestroy material
1. hat could constitute or encourage conduct that would be considered acriminal offence or violate any applicable law or regulation
2. in a manner that will infringe the copyright, trademark, trade secret or otherintellectual property rights of others or violate the privacy or publicity ofother personal rights of others
3. hat is libelous, defamatory, pornographic, profane, obscene, threatening,abusive or hateful.
8. Copyright, authors’ rights and database rights
All content included on the Website, such as text, graphics, logos, button icons,images, audio clips, digital downloads, data compilations, and software includingbut not limited to compilation of all content, all software used on this Website, isthe property of Company, its affiliates or its content suppliers and is protected byapplicable laws of India and other applicable international copyright, authors’rights and database right and other applicable laws.
You may not systematically extract/ or re-utilise parts of the contents and/or notutilise any data mining, robots, or similar data gathering and extraction tools toextract (whether once or many times) for re-utilisation of any substantial partsand/or not create and/ or publish your own database that features substantial (eg:prices and product listings) parts of the Website without Company and / or itsaffiliate’s (as may be applicable) express written consent.
9. Other Businesses
Parties other than Company and its affiliates may operate stores, provide services,or sell product lines on Website. For example, businesses and individuals offerproducts via Marketplace. In addition, we may provide links to the Websites ofaffiliated companies and certain other businesses. We are not responsible forexamining or evaluating, and we do not warrant or endorse the offerings of any ofthese businesses or individuals, or the content of their websites. Company does notassume any responsibility or liability for the actions, products, and content of anyof these and any other third-parties. You can tell when a third-party is involved inyour transactions, and we may share customer information related to thosetransactions with that third-party. You should carefully review their privacystatements and other Terms & Conditions.
When you visit Website, you are communicating with us electronically. You will berequired to provide a valid phone number while placing an order with us. We maycommunicate with you by e-mail, SMS, phone call or by posting notices on theWebsite or by any other mode of communication. For contractual purposes, youconsent to receive communications (including transactional, promotional and/orcommercial messages), from us with respect to your use of the website and/or yourorder placed on the Website.
While availing any of the payment method/s available on the Website, we will notbe responsible or assume any liability, whatsoever in respect of any loss or damagearising directly or indirectly to You due to:
1. Lack of authorization for any transaction/s, or
2. Exceeding the present limit mutually agreed by You and between “Bank/s”,or
3. Any payment issues arising out of the transaction, o
4. Decline of transaction for any other reason/s
All payments made against the order/s on Website by you shall be compulsorily inIndian Rupees acceptable in the Republic of India. Website will not facilitatetransaction with respect to any other form of currency with respect to thepurchases made on Website.
Before shipping / delivering your order to you, seller may request you to providesupporting documents (including but not limited to Govt. issued ID and addressproof) to establish the ownership of the payment instrument used by you for yourorder. This is done in the interest of providing a safe online shopping environmentto our users.
Further:Transactions, transaction Price and all commercial terms such as delivery,dispatch of products and/or services are as per principal to principal bipartitecontractual obligations between buyer and seller and payment facility is merely used by the buyer and seller to facilitate the completion of the transaction. Use ofthe payment facility shall not render Company liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations andwarranties, non-provision of after sales or warranty services or fraud as regardsthe products and /or services listed on Website.
You have specifically authorized Company or its service providers to collect,process, facilitate and remit payments and / or the transaction price electronicallyand from other users in respect of transactions through payment facility. Yourrelationship with Company is on a principal to principal basis and by acceptingthese Terms & Conditions you agree that Company is an independent contractorfor all purposes, and does not have control of or liability for the order that arelisted on Website that are paid for by using the payment facility. Company does notguarantee the identity of any User nor does it ensure that a buyer or a seller willcomplete a transaction.
You understand, accept and agree that the payment facility provided by Companyis neither a banking nor financial service but is merely a facilitator providing anelectronic, automated online electronic payment, collection and remittance facilityfor the transactions on the Website using the existing authorized bankinginfrastructure and credit card payment gateway networks. Further, by providingpayment facility, Website is neither acting as trustees nor acting in a fiduciarycapacity with respect to the transaction or the transaction price.
Payment Facility for Users:
You, as a User, understand that upon initiating a transaction You are entering intoa legally binding and enforceable contract with the seller to purchase the productsand /or services from the seller using the Payment Facility, and You shall pay thetransaction price through your issuing Bank to the seller using Payment Facility.
You, as a Buyer, may agree with the seller through electronic communication andelectronic records and using the automated features as may be provided byPayment Facility on any extension / increase in the dispatch and/or delivery timeand the transaction shall stand amended to such extent. Any such extension /increase of Dispatch / Delivery time or subsequent novation / variation of theTransaction should be in compliance with Payment Facility Rules and Policies
You, as a Buyer, may be entitled to claim a refund of the transaction price (as Yoursole and exclusive remedy) in case you do not receive the delivery within the timeperiod agreed in the transaction or within the time period as provided in thepolicies, whichever is earlier except force majeure events which are beyond ourcontrol. In case you do not raise a refund claim using Website features within thestipulated time than this would make you ineligible for a refund.
You, as a Buyer, understand that the payment facility may not be available in fullor in part for certain category of products and/or services and/or Transactions asmentioned in the policies and hence you may not be entitled to a refund in respectof the Transactions for those products and /or services.
Refund, if any, shall be made at the same issuing bank from where transactionprice was received, or through any other method available on the Website, aschosen by you.
For electronics payments, refund shall be made through payment facility usingNEFT / RTGS or any other online banking / electronic funds transfer systemapproved by Reserve Bank India (RBI).
Refunds may be supported for select banks. Where a bank is not supported forprocessing refunds, you will be required to share alternate bank account detailswith us for processing the refund
Refund shall be conditional and shall be with recourse available to Company incase of any misuse by User.
1. We may also request you for additional documents for verification.
2. Refund shall be subject to User complying with policies
Company reserves the right to impose limits on the number of transactions ortransaction price which Company may receive from on an individual ValidCredit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or anyother financial instrument directly or indirectly through payment aggregator orthrough any such facility authorized by Reserve Bank of India to provide enablingsupport facility for collection and remittance of payment or by an individual Buyerduring any time period, and reserves the right to refuse to process Transactionsexceeding such limit.
Company reserves the right to refuse to process transactions by buyers with aprior history of questionable charges including without limitation breach of anyagreements by Buyer with Company or breach/violation of any law or any chargesimposed by issuing bank or breach of any policy.
Company may delay notifying the payment confirmation i.e. informing seller todispatch, if Company deems suspicious or for buyers conducting high transactionvolumes to ensure safety of the transaction and transaction price. In addition,Company may hold transaction price and Company may not inform seller todispatch or remit transaction price to law enforcement officials (instead ofrefunding the same to buyer) at the request of law enforcement officials or in theevent the Buyer is engaged in any form of illegal activity.
The User acknowledge that Company will not be liable for any damages, interestsor claims etc. resulting from not processing a Transaction/Transaction Price or anydelay in processing a Transaction/Transaction Price which is beyond control ofCompany
We will not be responsible for any business loss (including loss of profits, revenue,contracts, anticipated savings, data, goodwill or wasted expenditure) or any otherindirect or consequential loss that is not reasonably foreseeable to both you and uswhen you commenced using the Website.
Any notices from either Party to the other will be given in writing to addressmentioned below or to other such address or addressees as may hereafter bedesignated in writing here. A notice can be sent through any mode of electroniccommunication or registered post or courier (will be deemed received whendelivered, or three ( 3) days after deposit in a reputed international courier service)or electronic mail (once successfully delivered).
Address:602, Western Edge I,Western Express Highway,Borivali (East), Mumbai –400 066, Maharashtra,India
The Visitor unilaterally agree to indemnify and hold harmless, without objection,the Company, its officers, directors, employees and agents from and against anyclaims, actions and/or demands and/or liabilities and/or losses and/or damagesand/or penalty and/or any other charges/penalty by whatsoever name including butnot limited to reasonable attorney’s fees, made by any third party in whatsoevernature it may be arising from or resulting from their use of Website or their breachof the terms or any document incorporated by reference, or your violation of anylaw, rules, regulations or the rights of a third party.
You hereby expressly release Company and/or its affiliates and/or any of its officersand representatives from any cost, damage, liability or other consequence of any ofthe actions/inactions of the vendors and specifically waiver any claims or demandsthat you may have in this behalf under any statute, contract or otherwise.
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL,INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTIONWITH THESE TERM & CONDITION, EVEN IF USER HAS BEEN INFORMED INADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
User agrees that neitherCompanynor its group companies, directors, officers oremployee shall be liable for any direct or/and indirect or/and incidental or/andspecial or/and consequential or/and exemplary damages, resulting from the useor/and the inability to use the service or/and for cost of procurement of substitutegoods or/and services or resulting from any goods or/and data or/and informationor/and services purchased or/and obtained or/and messages received or/andtransactions entered into through or/and from the service or/and resulting fromunauthorized access to or/and alteration of user’s transmissions or/and data or/andarising from any other matter relating to the service, including but not limited to,damages for loss of profits or/and use or/and data or other intangible, evenifCompanyhas been advised of the possibility of such damages.
User further agrees thatCompanyshall not be liable for any damages arising frominterruption, suspension or termination of service, including but not limited todirect and/or indirect and/ or incidental and/or special consequential and/orexemplary damages, whether such interruption or/and suspension or/andtermination was justified or not, negligent or intentional, inadvertent or advertent.
User agrees thatCompanyshall not be responsible or liable to user, or anyone, forthe statements or conduct of any third party of the service. In sum, in no eventshall Company’s total liability to the User for all damages or/and losses or/andcauses of action exceed the amount paid by the User toCompany, if any, that isrelated to the cause of action.
You acknowledge and undertake that you are accessing the services on theWebsite and transacting at your own risk and are using your best and prudentjudgment before entering into any transactions through the Website. You furtheracknowledge and undertake that you will use the Website to order products onlyfor your personal use and not for business purposes.
We further expressly disclaim any warranties or representations (express orimplied) in respect of quality, suitability, accuracy, reliability, completeness,timeliness, performance, safety, merchantability, fitness for a particular purpose,or legality of the products listed or displayed or transacted or the content(including product or pricing information and/or specifications) on the Website.While we have taken precautions to avoid inaccuracies in content, this website, allcontent, information (including the price of products), software, products, servicesand related graphics are provided as is, without warranty of any kind. We do notimplicitly or explicitly support or endorse the sale or purchase of any products onthe Website
17. Disclaimer of Consequential Damages
In no event shall Company or any parties, organizations or entities associated withthe corporate brand name us or otherwise, mentioned at this Website be liable forany damages whatsoever (including, without limitations, incidental andconsequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to usethe Website and the Website material, whether based on warranty, contract, tort,or any other legal theory, and whether or not, such organization or entities wereadvised of the possibility of such damages.
18. Alteration of Service or Amendment to the Conditions
We reserve the right to make changes to our Website, policies, and these Terms &Conditions at any time. You will be subject to the policies and Terms & Conditionsin force at the time that you use the Website or that you order goods from us,unless any change to those policies or these Terms & Conditions is required to bemade by law or government authority (in which case it will apply to orderspreviously placed by you). If any of these conditions is deemed invalid, void, or forany reason unenforceable, that condition will be deemed severable and will notaffect the validity and enforceability of any remaining condition.
19. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with ourobligations under these Terms & Conditions if the delay or failure arises from anycause which is beyond our reasonable control. This condition does not affect yourstatutory rights
The failure or delay by us to enforce or to require the performance at any time ofany of the provisions shall not be construed to be a waiver of such provision, andshall not affect either the validity or any part hereof or the right to enforce theprovisions.
This Agreement shall not be amended, modified or altered, except in writing, dulyaccepted and executed by both Parties.
22. Governing Law
This Terms & Conditions shall be governed by, and construed in accordance withthe laws of India. Subject to clause 23 below, any dispute arising out of this Terms& Conditions shall be subject to the exclusive jurisdiction of Courts in Mumbaionly.
23. Dispute Resolution
Any difference, dispute, controversy, or claim (“Dispute”) which may arisebetween the Parties out of or in relation to or in connection with this Agreement,or the breach, termination, effect, validity, interpretation or application of thisAgreement or as to their rights, duties or liabilities hereunder, other than aDispute for which provisions specifically made in this Agreement, shall be settledby the Parties by mutual negotiations and agreement. If, for any reason, suchDispute cannot be resolved amicably by the Parties, within 30 (thirty) days of the date when the dispute arisen, the same shall be settled by way of arbitrationproceedings in accordance with the Arbitration and Conciliation Act, 1996, or anysubsequent enactment or amendment thereto, adjudicated by a sole arbitratorappointed mutually by the Company in the state of Maharashtra, Mumbai onlywhere proceedings shall be in English language. The decision of the Arbitrator(s)shall be final and binding upon the Parties. This clause shall survive termination orexpiry of this Terms and Conditions.