AHAsolar Pvt. Ltd. (the “AHA Solar”) has no responsibility to validate, maintain, update, or store any of the information you make available to AHA Solar. AHA Solar reserves the right to remove or reclaim any accounts or usernames, and all related information, at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party's rights.
That the Website/ App are developed by 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 Ahmedabad and it is developed for Jammu & Kashmir Energy Development Agency (JAKEDA) and Germmana Development Corporation (GIZ) for the rooftop solar PV programme of JAKEDA.
DESCRIPTION OF SERVICE AND CONTENT POLICY
- Any payment made at jk.ahasolar.in for the application or registration fees to JAKEDA through the Third Party Gateway are as per the terms and Conditions of JAKEDA for the installation of solar PV system and it is a non-refundable fees. In case of cancellation of the application, the AHA or the payment gateway provider shall not be responsible for the refund. So, the user shall make the payment after reviewing all the details.
- 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.
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 AHA 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 AHA 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 AHA 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 AHA;
- 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 AHA 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.
- derogatory, or otherwise offensive matter.
INTELLECTUAL PROPERTY RIGHTS
You understand that when using the Website/ App, you will be exposed to Content from a variety of sources, and that AHA 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 AHA with respect thereto.
NO SPAM POLICY
DEALINGS WITH ORGANIZATIONS AND INDIVIDUALS
You acknowledge and agree that AHA 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 AHA 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 AHA 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 AHA, 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 AHA, 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. AHA makes 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 personal information 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. AHA 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 AHA will not be a party to or in any way be responsible for monitoring any transaction between you and/or other users and/or 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 shall AHA , its officers, directors, employees, or agents, holding company be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if AHA 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 AHA website. These limitations shall apply to the fullest extent permitted by law. AHA, 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 AHA 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 AHA. AHA 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 AHA through its website and mobile App are based on certain assumptions and AHA don’t take any responsibility for the accuracy of data and information.
ABILITY TO ACCEPT TERMS OF SERVICE
For the duration of the term of usage, the Website/App shall be maintained by AHA. The ownership of which shall vest with AHA. AHA is committed to make its best efforts to deal with technical issues (if any) AHA doesn’t warrant the users that the App will be operative at all locations and time. AHA 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 AHA would not be liable.
- 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 AHA portal of JAKEDA. 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 AHA portal of JAKEDA.
- 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.
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.