Sai CabTech Pvt. Ltd. (the “SAI CAB” or the “Company”) developed the white labelled mobile app, the “SAI CAB App and the Website (the “Software”) which is developed by the AHAsolar Technologies 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.
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;
Reviews / Updates
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:
- You shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Materials or any portion there of
- You shall not frame or utilize framing techniques to enclose any trade mark, 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 Software without the Developer’s prior 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 except in connection with obtaining a quote
- Compiling a list of one or more of the suppliers in our system except in connection with obtaining a quote
- Access the Materials in order to build a similar or competitive Software or service;
- Except as expressly stated herein, no part of the Materials may be copied, eproduced, distributed, republished, downloaded, displayed, posted or transmitted in any formor 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.
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:
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:
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 account soruser names, and all related information, at anytime 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 Technologies Limited (Hereinafter, ATL), an Indian Limited company that is registered with the Ministry of Corporate Affairs, under Company’s Act 2013 and located at Ahmedabad and is white labelled for the Sai CabTech Pvt. Ltd (the “SAI CAB”), a company that is registered with the Ministry of Corporate Affairs, under Company’s Act 1956.
DESCRIPTION OF SERVICE AND CONTENT POLICY
Additionally, you agree not to:
ACCESS TO THE SERVICE
INTELLECTUAL PROPERTY RIGHTS
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.
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
DISCLAIMER OF WARRANTIES
You expressly acknowledge and agree that use of the Website/ App and the service is entirely at your own risk and that the Website/ App and the Service are provided on an “as is” or “as available” basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law THE COMPANY, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Website and/or App and/or Service and your use thereof. THE COMPANYmakes no warranties or representations about the accuracy or completeness of the Website/ App ‘s content or the content of any third party websites linked to the website and assumes no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of Content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website/App and Service, (iii) any unauthorized access to or use of our servers and/or any and all personalinformation and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Website/ App, (iv) any bugs, viruses, Trojan Horses, or the like which may be transmitted to or through the Website/ App by any third party, and/or (v) any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, communicated, transmitted, or otherwise made available via the Website/ App or the Service. THE COMPANY does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website/ App or any hyperlinked website or featured in any banner or other advertising, and THE COMPANYwill not be a party to or in any way be responsible for monitoring any transaction between you and/or other users and/or thirdparty 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 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 COMPANYhas 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 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.
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.
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/ circumstance and 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:
- 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 209, Safal Prelude,Opp.SPIPA,Corporate Road,Prahlad Nagar,Satellite, Ahmedabad, Gujarat 380015 – INDIA.