PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS SERVICE FOR GETTING SERVICE FROM US YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
In these Terms, references to "you", "User" shall mean the end user/customer accessing the Website, its contents and using the Services offered through the Website. "Service Providers" mean independent third party service providers, and references to the “Website”, "Disruptive Energy Solutions", “www.disruptiveenergy.net”, "we", "us" and "our" shall mean the Website and/or Proprietor Disruptive Energy Solutions, its affiliates and partners(as applicable).
This Terms of Service Agreement (the "Agreement") governs your('You' or 'User') use of any service, 'Disruptive Energy Solutions' ("Business Name") offer for purchasing a product or services. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Disruptive Energy Solutions reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on the website www.disruptiveenergy.net, here onwards referred as 'the site' or 'the website'. The changed or revised Agreement will be effective immediately after it is posted on this Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Disruptive Energy Solutions for other services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of our services.
Terms of Offer. By using the services as, you agree to the terms set forth in this Agreement.
Proprietary Rights: Disruptive Energy Solutions has proprietary rights and trade secrets in the created services. You may not copy, reproduce, resell or redistribute any information created by Disruptive Energy Solutions. Disruptive Energy Solutions also has rights to all trademarks and trade dress and specific layouts on all forms and other information.
Sales Tax: The prices displayed on the website or any in downloadable documents form the website or communicated to user of the services in any form, by the Disruptive Energy Solutions or third party for any reason may or may not include sales tax in its calculations.
YOUR USE OF THIS WEBSITE AND/OR SERVICES ARE AT YOUR SOLE RISK. THE WEBSITE AND SERVICES ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. 'DISRUPTIVE ENERGY SOLUTIONS' EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, 'DISRUPTIVE ENERGY SOLUTIONS' MAKES NO WARRANTY: THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR INACCURACY IN CALCULATIONS WILL BE CORRECTED AND UPDATED FROM TIME TO TIME WITH CHANGE IN PRICES RESULTING FROM POLICY AMENDMENTS, DROP IN MANUFACTURING COSTS ETC.
Prices for Products and Services are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, Products and services are offered by us may change in accordance with the brand guidelines or other terms and conditions applicable to each product or service. Users further undertake that by initiating a transaction, the User is entering into a legally binding and enforceable contract with us to purchase the products or services using such payment facilities as may be permitted by applicable laws and as may be accepted by the Website. The Website does not charge any browsing fee. However, the Website reserves the absolute right to alter the fee policy from time to time. In the event, the Website alters its services, it may introduce new fees for such altered services. All such fees that the Website may charge will be intimated to the Users and such change shall automatically become effective immediately after they are posted on the Website. All such fees charged by the Website shall be in Indian Rupees. The Users continued use of the Website shall be deemed as an acceptance of the amended terms and conditions. We may enter into agreements with third party payment gateway aggregators and financial institutions authorized by the Reserve Bank of India for collection, refund and remittance and to facilitate payment between Users and Us. The Website shall initiate the remittance of the payments made by the User and the date of completion of transaction shall be after the Products or services are delivered to the User and such other additional time as may be agreed between Website and the payment gateway aggregators. While availing any of the payment method/s available on the Website, the Website will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User due to: Lack of authorization for any transaction/s, or Exceeding the preset limit mutually agreed by and between the User and relevant banks of the User, or Any payment issues arising out of the transaction, or Illegitimacy of the payment methods (credit/debit card frauds etc.) being used by a User; Decline of transaction for any other reason(s) Notwithstanding anything contained herein, the Website reserves the right to conduct additional verification for security or other reasons if it is not satisfied with the creditability of the User. All payment and delivery related conditions are in accordance with the contractual relationship impliedly established between Us and the User purchasing the same and payment facility provided by the Website is merely used by the User and Us to facilitate the completion of the purchase made by the User. Use of the payment facilities provided by the Website shall not render the Website liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the Products listed on the Website. The Website shall not be responsible for any damages, interests or claims arising from not processing a transaction. Every User hereby agrees to provide accurate information, such as credit/debit information for purchasing Products or Services on the Website. Every User further warrants that he/she shall not use payment information or instrument that is not lawfully owned by the User. The Website shall not utilize or share with any third party unless required as per law, regulation or court order or in accordance with the terms of the Privacy Policy. The Website disclaims all liabilities arising out of loss of any information pertaining to the Confidentiality of the credit/debit card details or pre-paid instrument account. In addition to these Terms, the terms and conditions of the bank or other financial institution shall also be applicable to every User. The Website disclaims any liability arising out of declining of payment by such bank or financial institution. The Website may in its sole discretion impose limits on the number of transaction which an individual holding a financial instrument may use for payment for Products or Services. Additionally, the Website reserves the right to refuse to process transactions exceeding such limit and transactions by Users that have incurred questionable charges and amounts. The Website is merely a facilitator for providing the User with payment channels through automated online electronic payments (either itself or through Service Providers), collection and remittance facility for the payment of Products or Services purchased by the User on the Website using the existing authorized banking infrastructure and credit card payment gateway networks (of either the Website or Service Providers).
Cancelletions; or Refund for our product and services is govenrned by 'Refund Policy' mentioned at this website under link 'www.disruptiveenergy.net/refund-policy.html'.
DISRUPTIVE ENERGY SOLUTIONS ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED AS A RESULT OF INFORMATION GAINED FROM THE WEBSITE. DISRUPTIVE ENERGY SOLUTIONS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS AND SERVICES IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR SERVICES; (2) THE COST OF PROCURING COMPONENTS WITH THE HELP OF YOUR EPC COMPANY; (3) ANY LOST PROFITS YOU ALLEGE AS EXTRAPOLATED FROM THE SOLAR CALCULATOR AVAILABLE ON THE WEBSITE; (4) NON COMPLIANCE OF PROMISED SCHEDULE; OR CONTENT; OR SERVICES; OR BENEFITS; OR PRIZES IN ANY PROMOTIONAL MATERIALS.
You will release, indemnify, defend and hold harmless Disruptive Energy Solutions, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Services or your use of the Services; (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Disruptive Energy Solutions. When Disruptive Energy Solutions is threatened with suit or sued by a third party, Disruptive Energy Solutions may seek written assurances from you concerning your promise to indemnify Disruptive Energy Solutions; your failure to provide such assurances may be considered by Disruptive Energy Solutions to be a material breach of this Agreement. Disruptive Energy Solutions will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Services, with counsel of Disruptive Energy Solutions choice at its expense. Disruptive Energy Solutions will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Disruptive Energy Solutions against any claim, but you must receive Disruptive Energy Solutions prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
Disruptive Energy Solutions believes strongly in protecting user privacy and providing you with notice of website’s use of data. Please refer to Disruptive Energy Solutions privacy policy, incorporated by reference herein that is posted on the Website.
By using this Website or using it as a reference in making your purchase decision, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
Force Majeure
Disruptive Energy Solutions will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation:
Disruptive Energy Solutions may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and services.
Entire Agreement:
This Agreement comprises the entire agreement between you and Disruptive Energy Solutions and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver:
The failure of Disruptive Energy Solutions to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; Jurisdiction:
This Agreement will be governed by the national laws of India without regard to its conflict of law principles to the contrary. Neither you nor Disruptive Energy Solutions will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement. By using this Website or its Services, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents. The courts in Satara shall have exclusive jurisdiction in respect of any matters arising herefrom.
Statute of Limitation:
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or its Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights:
BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination:
Disruptive Energy Solutions reserves the right to terminate your access to the Website, or services, if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Disruptive Energy Solutions may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Services. If your access to the Website is terminated, Disruptive Energy Solutions reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Disruptive Energy Solutions chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use:
Disruptive Energy Solutions makes no representation that the Website or Services are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment:
You may not assign your rights and obligations under this Agreement to anyone. Disruptive Energy Solutions may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR ITS SERVICES YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
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