Terms and conditions

This Terms of Use was updated on: September 5, 2016
www.itsmysun.com ("Website") is an Internet Based/Online Service Portal owned and operated by Eastern Light And Power Pvt. Ltd., a company registered under the Companies Act, 2013, having its registered office at D-246, Street No. 10, Balaji Chamber, Office No. 303, Laxmi Nagar, New Delhi -110095, India (hereinafter referred to as "MYSUN", "we", "us").

PREAMBLE

MYSUN is an engineering based marketplace for products and services related to solar energy and energy efficiency. MYSUN also provides value-added design and engineering, site visit, operations and maintenance, financial, sourcing, trading and marketing services in the field of solar energy and energy efficiency. Any person visiting, accessing or using the Website or the services offered therein (hereinafter referred to as "User", "You"), shall be deemed to have unconditionally accepted all of the terms, conditions and notices contained in this Terms of Use, along with its Privacy Policy, and any other policy/document incorporated by way of reference, including any amendments made from time to time by MYSUN at its sole discretion and posted on the Website.

COVERAGE

    1. It is hereby clarified that for the purposes of this Terms of Use, Privacy Policy and any other document and policy incorporated by reference herein, the term "User"/"You" means any person (natural or legal) who visits, accesses and uses the Website and shall include: (i) Partners (including but not limited to suppliers, vendors, project developers, construction contractors, consultants, builders, chartered accountants, and financers/lenders, or employees thereof, providing solar energy related services and products) registered on the Website as a partner; (ii) Unregistered Users (person who visits and accesses the Website, but does not register on the Website); and (iii) Registered Users (Users who register on the Website for the purpose of identifying appropriate Partners and/or procuring the MYSUN Services, and/or other services or products from Partners). It is further clarified that Registered Users may also act as Partners in their respective capacities and as such therefore their respective rights and obligations would accordingly be determined.
    2. MYSUN intends to provide the following services:
      1. Basic Services
        1.  Enable Registered Users to connect with, and procure services or products from, Partners;
        2. Enable Partners to connect with, advertise and sell their products or services to Unregistered Users and/or Registered Users;
      2. Additional Services: provide certain services in addition to the Basic Services to Users as defined in accordance with the terms contained in this Terms of Use.
 

DOCUMENT

This document is to be treated as an electronic record, within the meaning accorded to it under the Information Technology Act, 2000 (hereinafter referred to as the “IT Act”) and the rules made thereunder as applicable, which may be amended from time to time. This document is published pursuant to the compliance requirements under Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 (hereinafter referred to as the “IT Intermediaries Guidelines”), which require publishing the rules and regulations, Privacy Policy and user agreement for access or usage of the Website.

ACCEPTANCE ‘AS IS’

  1. By visiting, accessing, using or registering on this Website, You: (a) unconditionally accept to be bound by the Terms of Use, Privacy Policy, and any other document/policy incorporated by reference provided herein as provided on the Website, which together govern your access and usage of the Website; and (b) authorise the transfer of payment requested in accordance with the terms contained herein. You agree and confirm that the Terms of Use may be amended from time to time without prior notice. Please ensure that You periodically update yourself with the current version of the Terms of Use. Further, your continued access of the Website whether automated or otherwise, will signify your unconditional consent to and acceptance of the Terms of Use including any modifications made from time to time, if any. If You disagree with any part of this Terms of Use (including any modifications made from time to time), please do not use the Website; and/or discontinue viewing or using this Website immediately.
  2. MYSUN and/or its sub-contractors and its service providers and employees (referred to as the “MYSUN  Team”) accept no responsibility for any legal or financial consequences or outcomes related to advice or recommendations provided vide the Website, and the information available on the Website is being provided on an ‘As Is Basis’.
  3. Any Information or advice provided on the Website including but not limited to: (i) the estimates/outputs of the MYSUNCalculator™ available on the Website, and any recommendations related thereto; and (ii) advice, opinion or recommendations given by the MYSUN Team should be used merely as a guide rather than a definitive recommendation for any specific installation or undertaking any action. You agree and acknowledge that the said estimates, outputs and/or advice of the MYSUNCalculator™ is based on the inputs provided by You and certain assumptions, and that the factors such as system design, quality, cost, operations & maintenance and conditions present at the site may impact the actual results. In addition to the terms contained herein please also familiarize yourself with the disclaimer provided for the MYSUNCalculator™ located at www.itsmysun.com.
  4. It is not MYSUN's responsibility to ensure that your use of the Website complies with all local laws applicable within your country. Further, by using this Website and/or submitting information including any personally identifiable information on the Website, You hereby expressly consent to the transfer of such data to India, and to the processing of such data on MYSUN's Indian servers, where your data will be governed by laws applicable within India that may provide a level of data protection and entail other compliances different from your country.
  5. You agree and acknowledge that unless expressly stated in writing on the Website, nothing contained therein shall constitute an offer or promise to deliver any products and/or services by MYSUN.

REGISTRATION

  1. You are not required to register with MYSUN to simply visit and view the Website. Only in the event of accessing certain areas of the Website, and using certain functions or features of the Website or for procuring certain MYSUN Services, You may be required to register as a Registered User and/or Partner, as the case may be. For purposes of registration, You should be 18 years or older.
  2. This registration may be free of charge or for a charge, depending upon the functions or features accessed on the Website, which would be notified from time to time.
  3. When You register You must provide relevant information such as your name, your official/residential address, a unique, valid, current and verifiable e-mail address, and phone number, and any other detail that may be required by MYSUN.
  4. On every subsequent use of the Website after registration, You will be required to enter a User Id and a password. You may either choose a User Id and/or password or also use a system generated User Id and/or password, if provided. In addition, You may also be required to provide an OTP (one time password), or follow any other similar authentication processes as may be deemed necessary by MYSUN from time to time.
  5. In case You want to register as a Partner, You may need to provide additional information such as digital signatures, scanned ID documents, credit card details, bank details, PAN Card details, canceled cheques, etc. as may be notified by MYSUN or otherwise intimated to You for verification purposes.   
  6. In the event the registration details provided by You (such as your email id or a combination of your name, phone number, and/or address) is already in the MYSUN system, You will be prompted to choose an alternative to the detail which is already entered into MYSUN system. Provided, howeverr,MYSUN may provide more than one User Id to a Partner registering on the Website.
  7. We will send You an e-mail with your registered information for confirmation. In the event You fail to reply or confirm the information or there is failure of delivery of such email on the email id provided by You at the time of your registration, your access or use of areas, functions or features requiring such registration may be refused or your account may be cancelled/terminated at the sole discretion of MYSUN. You hereby agree that in the event we do not receive such confirmation from You via the link provided by us in the said e- mail within [15] days of such verification link having been sent to You, it shall be deemed that You have failed to confirm your registration details. Additionally, after receiving the requisite documents from the Partner, MYSUN will conduct a verification process of the Partner. MYSUN will provide access of the leads and services to the Partner only after satisfactory completion of such verification.   
  8. By registering on the Website, You represent that You will submit information, which is truthful and accurate, and will update your registration information to keep it accurate and current. You agree and acknowledge that You are solely responsible for maintaining the confidentiality of your password. You are also solely responsible for restricting access to your computer(s). You agree to accept responsibility for all activities occurring under your account that are due to your conduct, inaction, or negligence. You also represent that your use of the Website does not in any manner violate any applicable law. We may cancel your registration or terminate your account without notice at our sole discretion, in the event we believe that You have not provided accurate or truthful information or that you are not complying with applicable laws, rules and regulations. You hereby expressly agree and acknowledge that MYSUN shall not be liable for any direct and/or indirect damage caused by any unauthorized use of your account.
  9. If You become aware of any suspicious or unauthorized conduct concerning your account, You agree to contact us immediately by e-mail at hello@itsmysun.com. We may, at our own discretion, bar registration from any specific e-mail service or Internet Service Provider or phone number with or without any prior notice.

TERM

  1. This Terms of Use shall commence from the date on which You first visit and access the Website and shall continue unless terminated earlier in accordance with the terms contained herein (“the Term”).

PARTNERS

  1. Listing of Partners’ Services
        11.1
    • We may list services offered by You as a Partner or review listing of services in the appropriate categories. MYSUN reserves its right, at any time in its sole discretion, to (i) restrict your access and ability to list in any or all categories on the Website (ii) remove your existing listings from any or all categories on the Website. We may use mechanisms that rate, or allow Registered Users to rate, your services and/or your performance as a Partner on the Website and MYSUN may make these ratings and feedback publicly available. MYSUN takes no responsibility for and will not be held liable for any loss or damage suffered by Partner, either directly or indirectly, as a result of such rating.
        11.2
    • MYSUN , from time to time, at its sole discretion, may notify standards which would specify the rules and protocols that the Partners should follow in their communication and dealings with Users, including but not limited to (i) quotations (ii) agreements/ contracts (iii) System EPC (iv) Payment terms; (v) System Maintenance etc. (‘MYSUN Standards’).
        11.3
    • MYSUN retains the right to immediately halt any transaction, prevent or restrict access to the services or take any other action to restrict access to or availability of any inaccurate listing, any inappropriately categorized items, any unlawful items, or any items otherwise prohibited by applicable law or terms contained herein.
        11.4
    • MYSUN shall not be liable for any failed negotiations and/or transactions between a Registered User and a Partner in relation to services offered by a Partner.
  1. Obligations of Partners
        12.1
    • You, as a Partner, shall not, nor cause your affiliate or associated enterprise, if any to, directly or indirectly:
        12.1.1
    • categorize yourself as a Partner in a category that is not connected with the service(s) You provide;
        12.1.2
    • misrepresent the location at which You will provide a service;
        12.1.3
    • include brand names or inappropriate keywords in your profile, nor any other title or description relating to a service, which is inappropriate or misleading;
        12.1.4
    • use misleading titles that do not accurately describe a service;
        12.1.5
    • include any information in your profile that is fraudulent;
        12.1.6
    • solicit or approach any Registered Users which have been described as ‘Premium Lead’ by MYSUN at its sole descretion. It is hereby clarified that Partner can only approach those Users described as ‘Basic Leads’ by MYSUN. For the purposes of this Agreement ‘Premium Lead’ shall mean a lead as described from time to time by MYSUN and notified as such in the Partner’s dashboard that becomes available after login.; contact a User in the event the said User chooses to cancel the posted requirement or de-register or deactivate its account;
        12.1.7
    • use any payment methods not specifically permitted by MYSUN;
        12.1.8
    • include links in your listing or in any other submission made by You on the Website that do not conform to MYSUN’s policies and this Terms of Use with respect to third-party links;
        12.1.9
    • endorse products or services offered by a third-party in a posting;
        12.1.10
    • use the information available on the Website for any purpose other than what is permitted in accordance with the terms contained herein;
        12.1.11
    • provide or sell the information including any leads related to Users, or to anyone;
        12.1.12
    • offer a catalog or link to a third party website without the express prior written permission of MYSUN;
        12.1.13
    • post a single service but offer additional identical services in the service description
        12.1.14
    • offer the opportunity through MYSUN to purchase the Service or any other service outside of MYSUN;
        12.1.15
    • use your profile/account page or user name to promote services not offered on or through the Website and/or prohibited services;
        12.1.16
    • give, solicit, or receive, nor offer to give, solicit or receive any gift, gratuity, commission or bonus in consideration for return for the referring, recommending or procuring of any Registered User during his course of interaction with other Users on the Website;
        12.1.17
    • at any time use the Website to interact with any power or solar sector industries companies, in terms of receiving gifts, availing travel facilities, receiving cash or monetary grants etc.;
        12.1.18
    • imply that MYSUN endorses your work, titles, products names, service names, or domain name;
        12.1.19
    • fail to ensure that, prior to use of the Website or any matter incidental thereto by its employees or agents, all such parties are notified of this Terms of Use;
        12.1.20
    • disparage us, our affiliates, Partners or Users or any of their or our respective products or services or any customer;
        12.1.21
    • use the Website for any marketing or promotional purposes whatsoever (except as permitted herein), or otherwise in any way inconsistent with MYSUN privacy policies or applicable law.
        12.2
    • You, as a Partner, shall:
        12.2.1
    • provide the description of the services offered by You in the format as required by us and promptly update such information as necessary to ensure it, at all times, remains accurate and complete;
        12.2.2
    • ensure that all fees due and payable by You under this Terms of Use are paid promptly and without any delay;
        12.2.3
    • ensure to inform MYSUN in the event a contract is executed between You and Registered User within 5 (five) days of entering into such contract
        12.2.4
    • adhere to MYSUN Standards, in your dealings with Registered Users, at all times, including before a contract is executed between You and Registered User and thereafter.
        12.2.5
    • when selling your products or services to Users, ensure that the price quotation provided by You is in the format required by MYSUN, is complete in all respects, is in accordance with MYSUN Standards and is submitted directly to MYSUN. Each quotation shall include the price, payment terms, bill of material, if applicable, etc. as may be specified by MYSUN from time to time. Once a quotation has been submitted no change in the same shall be allowed and You shall be obliged to execute a contract with the User, if your quotation is selected, on the same terms and conditions as specified in your quotation and in accordance with the MYSUN Standards.
        12.3
    • If a Partner violates any of the above-referenced rules, MYSUN , at its sole discretion, may take any of the following actions: (a) cancel the posting of the said Partner; (b) suspend or terminate the Partner’s account; (c) decrease the Partner status/rating on their Website, if any; and/or (d) take any other appropriate action as it may deem fit in accordance with the terms contained herein.

REGISTERED USERS AND/OR UNREGISTERED USERS

  1. Obligation of Registered Users and/or Unregistered Users
        13.1
    • A Registered User and/or Unregistered User shall: (a) not purchase or use any service provided by Partner listed on MYSUN Website without making the appropriate payment, the quantum, mode and terms of such payment shall be specified by MYSUN from time to time; (b) not use the Website with the intention of disrupting MYSUN services and/or products, and/or services of a Partner; (c) not misuse any options (made available now or in the future) in connection with the use or purchase of any service; (d) inform MYSUN if an agreement is executed with the Partner within 5 (five) days of entering into such contract (e) not make any unauthorized payment for the lead generated by MYSUN ; or (f) not violate the terms contained herein;
        13.2
    • In addition to the above, a Registered User shall ensure that all fees due and payable under this Terms of Use are paid promptly and without any delay. In the event a Registered User violates any of the above-referenced rules, MYSUN, at its sole discretion, may take any of the following actions: (a) deny access to the Website, (b) suspend or terminate the account of the User; (c) deny access to any services which may be provided by MYSUN post transaction ; and/or (d) take any other appropriate action as it may deem fit in accordance with the terms contained herein.
        13.3
    • In the event Registered User wishes to avail the Additional Services provided by MYSUN it should extend all the necessary support as may be required by MYSUN Team which may include but is not limited to providing access to conduct site visit, providing necessary information etc. The Registered User shall also follow the requirements/conditions for availing such Additional Services as prescribed by MYSUN from time to time.
  1. Request for Information and Services
        14.1
    • You may seek information in relation to MYSUN Services and/or services offered by a Partner from time to time.
        14.2
    • Any request made to MYSUN and/or the Partner will permit either or both of them, as appropriate, to deliver information and/or proposals to You via the Website, telephone email, mail, facsimile transmission, or any other means. You agree that in the event You have provided your telephone number, this shall constitute an express written request that authorizes MYSUN and/or a Partner to contact You via telephone, even if your telephone number is listed on a Do Not Call registry maintained under applicable law. Provided, however, You will not be called, unless:
        14.2.1
    • You provide your telephone number as part of your request under this provision, or
        14.2.2
    • specifically request to be contacted by telephone or
        14.2.3
    • accept a Partner’s proposal to deliver services to You.

ADDITIONAL SERVICES

  1. MYSUN will at all times endeavor to provide services as per its intent as provided in this Terms of Use.
        15.1
    • In addition to Basic Services as provided in this Term of Use that may be provided by MYSUN vide its Website, MYSUN may also provide advanced tools and consultancy services for: (i) engineering, procurement and installation of solar energy, efficiency and solar related products, including but not limited to preparation of feasibility report; (ii) O&M of solar energy, efficiency and solar related products; and (iii) improvement of solar energy, efficiency and/ or solar generation services (iv) providing financing options to the Users by connecting them with SME lenders; and (v) providing e-commerce of solar energy related products (vi) aggregation services (rooftops, land parcels, etc.) ;and (vii) engineering/consulting/advisory in relation to the transaction (viii) M&A, due diligence and; (ix) any other services which may be provided by MYSUN from time to time (hereinafter collectively referred to as “ Additional Services”.
        15.2
    • It is hereby clarified while providing Additional Services a site visit may be required to be conducted by MYSUN Team, as may be determined by MYSUN from time to time.
        15.3
    • A fee may be charged for providing Additional Services as may be notified by MYSUN from time to time. It is hereby clarified that the provision of such Additional Services may be subject to specific contracts entered into between MYSUN and Registered Users as may be notified by MYSUN from time to time.
        15.4
    • Further, the categorization of a service as an Additional Service shall be at the sole discretion of MYSUN.

GENERAL

  1. Limited License
        16.1
    • For Partners – MYSUN, subject to the compliance by Partners of this Terms of Use, hereby grants a limited non-transferable, revocable, and non-exclusive license to a Partner to: (a) access and use the Website and information contained therein to connect with the Registered Users who require solar energy and solar related services; (b) use the information related to a particular User provided by MYSUN; (c) use the feasibility report prepared on a case to case basis by the MYSUN Team; and (d) provide services to Registered Users in accordance with the terms contained herein and separate agreement executed between the Partner and the User in relation thereof, if any
        16.2
    • For Registered Users and/or Unregistered User - MYSUN, subject to the compliance by Users of this Terms of Use, hereby grants You a limited, non-transferable, non-exclusive, revocable license to use the Website and MYSUN Services related thereto and in particular: (a) access and use the Website and information contained therein to connect with Partners who provide energy services including solar related services; (b) avail MYSUN Services; and (c) avail services provided by the Partners in accordance with the terms contained herein and separate agreement executed between the Partner and the User, if any.
        16.3
    • Interchangeable Status: You acknowledge that your status as an Unregistered User, Registered User or Partner depends on the nature of your interaction and use of the Website. Therefore, your status shall be determined by your actions and may in turn be governed by specific clauses devised for such status under this Terms of Use.

CONTENT

17. Usage according to this Agreement Any information on this Website, including but not limited to personal information of any User, posts, videos, profile, conversation, text, discussion, graphics, live chat, emails, phone support, advice, estimates, recommendations or other materials submitted, hosted, shared, uploaded, downloaded, viewed, and/or accessed by a User or MYSUN, (hereinafter referred to as “Content”), shall be in accordance with the terms contained herein.

  1. Restrictions on Website Use
        18.1
    • The Users agree that they and the Contents they share shall, at all times be governed by applicable laws and, in particular shall be in accordance with to the IT Intermediaries Guidelines such that they shall not:
        18.1.1
    • host, display, upload, modify, publish, transmit, update or share any information or share/list any information or item that belongs to another person;
        18.1.2
    • post or submit any Content, which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, racially or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
        18.1.3
    • submit any Content on the Website, which is unlawfully threatening or unlawfully harassing, including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986 or such content which may be harmful to minors;
        18.1.4
    • infringe any patent, trademark, copyright or other proprietary rights or third party trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
        18.1.5
    • violate any applicable law for the time being in force;
        18.1.6
    • deceive or mislead the addressee about the origin of such messages or communicate any information which is grossly offensive or menacing in nature;
        18.1.7
    • impersonate another person;
        18.1.8
    • upload content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
        18.1.9
    • threaten the unity, integrity, defense, 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.
        18.2
    • The Users agree that they and the Contents they share shall, at all times be governed by applicable laws and, in particular shall be in accordance with to the IT Intermediaries Guidelines such that they shall not:
        18.2.1
    • Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
        18.2.2
    • Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
        18.2.3
    • Gaining unauthorized access to other computer/network systems;
        18.2.4
    • Interfering with any other person’s use of enjoyment of the Website;
        18.2.5
    • Interfering or disrupting networks or websites connected to the Website;
        18.2.6
    • Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner;
        18.2.7
    • Violating or attempting to violate the integrity or security of the Website or its Contents;
        18.2.8
    • Transmitting any information (including posts, messages and hyperlinks) on or through the Website that is disrupting or competitive to the provision of Services by us;
        18.2.9
    • Intentionally submitting on the Website any incomplete, false or inaccurate information;
        18.2.10
    • Making any unsolicited communications to other Users of the Website;
        18.2.11
    • Using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
        18.2.12
    • Attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
        18.2.13
    • Copying or duplicating in any manner any of the Content on the website or other information available from the Website;
        18.2.14
    • Framing or hot linking or deep linking any Content on the Website;
        18.2.15
    • Gaining unauthorized access to the Website, or any account, computer system, or network connected to the Website, by means such as hacking, password mining or other illicit means;
        18.2.16
    • Repeatedly posting the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
        18.2.17
    • Gathering for marketing purposes any e-mail addresses or other personal information that has been posted by Users.
  1. Content does not imply agreement between Registered Users and Partners
        19.1
    • Nothing transmitted to or from this Website or in connection with MYSUN Services constitutes an agreement between a Registered User and a Partner, until after an offer has been made by a Partner and accepted and confirmed by the Registered User and a separate and independent agreement is executed between them in relation thereof.
        19.2
    • The Website is not intended to be used to advise or resolve legal or financial issues of any User.
        19.3
    • While MYSUN may regularly review the information hosted on the Website including questions, answers and any other form of discussion posted on the Website, however, the views expressed therein are those of the individuals who post the Content, and do not reflect those of MYSUN, its owners, managers, directors, employees, agents, partners, advertisers or affiliates.
        19.4
    • MYSUN assumes no responsibility for the posts or the information contained therein, nor does it make any claims, promises or guarantees about the accuracy, suitability or completeness of any of the information on the Website or in the posts. All advice and/or information obtained directly or indirectly from the Website shall be used at your own risk.
  1. Content Rights
        20.1
    • You agree that by posting, hosting, sharing, submitting or displaying Content on or through the Website, You grant MYSUN (and its successors and permitted assigns) a worldwide, perpetual, non-exclusive, royalty-free license (with the right to multiple tiers of sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content, and its derivative works or a part thereof, anywhere in any and all media or distribution methods (now known or later developed) in any manner, in any medium, for any purpose.
        20.2
    • You also agree and acknowledge that You hereby grant each User of the Website, a non-exclusive license to access your Content through the Website, to reproduce, distribute, prepare derivate works of, display and perform such Content as permitted by the functionality of the Website and under this Terms of Use.
        20.3
    • Subject to applicable laws, and other terms contained herein and the Privacy Policy, You also agree and acknowledge that irrespective of whether the Content is posted on the Website and is viewed and accessed by Users, MYSUN does not guarantee security and confidentiality with respect to such Content. MYSUN shall have no liability whatsoever arising out or in connection to any act or omission by You relying upon such Content.
        20.4
    • MYSUN reserves the right, in its sole discretion, but it is not obligated, to delete, modify/change/alter any of the Content as it deems necessary including any content that may be posted by any User that violate this Terms of Use, or for any other reason. MYSUN is not required to give any notice prior to such removal or deletion.
        20.5
    • Notwithstanding the foregoing, it is expressly clarified that You shall be solely responsible for any Content that You provide or upload when using any MYSUN Service, including any text, data, information, images, photographs, music, sound, video or any other material which may be accessible through your post, or any other Content that You upload, transmit or store when using the Website.

PRIVACY

21. Privacy Policy MYSUN respects the information submitted/posted on the Website by the Users. The privacy policy governs the information (including personal information) that may be submitted by You, how we may use that information, how we store it and the steps we take to protect it, the circumstances under which we may disclose or transfer it, and the choices You have regarding submitting and maintaining the information You provide to us (the “Privacy Policy”). This Privacy Policy is located at www.itsmysun.com. By visiting the Website, You acknowledge that Youhave accepted the practices and policies outlined in the Privacy Policy, and the terms contained herein. We urge Youto read the Privacy Policy and to become familiar with our privacy practices contained therein.

FEE

  1. Payment
        22.1
    • Fee Payable by Registered Users
        22.1.1
    • You may not need to register or pay a fee to simply visit and view the Website. However, registration may be required for accessing certain areas of the Website and using certain functions or features of the Website. Provided, however, MYSUN, at its sole discretion, may, at any time, charge a subscription fee, which shall be notified from time to time
        22.1.2
    • The Registered Users shall need to confirm an order to the Partner prior to procurement of product / service. The payment for the same may consist of different components, including but not limited to booking fee, advance payment and the balance payment. The quantum of the payment components may be notified by MYSUN from time to time and this quantum of payment may change from time to time at the sole discretion of MYSUN. The booking fee shall be paid to MYSUN directly unless MYSUN specifically tells You at the time of booking to pay to any of our Partners or channel partners.
        22.1.3
    • The Registered User may be required to pay the said payment components to MYSUN or the Partner directly, as notified by MYSUN from time to time, except in so far as the Booking Fee is concerned, which would always have to be paid to MYSUN directly unless specified otherwise by MYSUN at the time of booking.
        22.1.4
    • The mode of payment at the MYSUN website may be an online payment (third party payment gateway) and/or a cheque or cash on delivery. Further, MYSUN at its sole discretion may require You to make the payments or a part thereof only through the Website.
        22.1.5
    • For any Additional Services that may be provided by MYSUN , MYSUN reserves the right in its sole discretion to charge a fee to the Registered Users on a per-transaction basis or in any other manner, as may be notified from time to time.
        22.1.6
    • No payment shall be made by the Registered Users to the Partner directly, except in so far as may be specifically in accordance with this Terms of Use or through email, even though the privity of contract as regards the services/supplies/any work performed by the Partner for the Registered User may be between the Registered User and the Partner.
        22.2
    • Fee Payable by Partners
        22.2.1
    • Registration on the Website is free. Provided, however, MYSUN, at its sole discretion, may at any time charge a subscription fee, which may pertain to registration simpliciter as well, which shall be be notified from time to time.
        22.2.2
    • Pursuant to registration, a Partner may be required to provide details such as credit card details, scanned copy of identification proof document(s); PAN/TIN/CST details, digital signatures, or other form of information as may be deemed necessary by MYSUN to complete the verification process.
        22.3
    • Dashboard
        22.3.1
    • Once the verification process is complete and approved by MYSUN , at an appropriate juncture, MYSUN shall provide You access to a personalized dashboard, which will provide details of payment of fees in accordance with the type and number of MYSUN Services that You wish to avail of, which fee may include but is not limited to: (i)    subscription fee; (ii)   periodic fee; (iii)  transaction fee including contingency fee; (iv)  fee for providing Additional Services; (v)    fee for providing access to information related to MYSUN leads; and (vi)   any other fee that may be notified by MYSUN from time to time.
        22.3.2
    • MYSUN may retain an appropriate percentage of the advance payment as commission, as may be notified to the concerned Partner, on its personalized dashboard. The balance amount of advance payment, if any, after deduction of: (a) the commission and; (b) appropriate taxes in accordance with applicable law, shall be remitted to the Partner.
        22.3.3
    • The User hereby agrees and acknowledges that no payment, which is due and payable to MYSUN shall be conditional upon the receipt of monies/fees from the counterpart User.
  1. Refunds
        23.1
    • A subscription fee, which may be charged as and when notified by MYSUN, will not be refundable.
        23.2
    • The advance payment made by a Registered User is refundable up to fifteen days from the date of payment subject to its credit thereof to the MYSUN designated bank account.
        23.3
    • The Partner is required to refund the advance payment to MYSUN (if any) received from Registered Users in case such Registered User cancels the posted requirement or de-registers or deactivates its account.
        23.4
    • MYSUN shall not be a party to, nor called upon to make, any refunds in the event of any disputes between the Registered User and the Partner.
        23.5
    • MYSUN shall not be liable to refund of Advance Fees or Commission or lead fees received from Partners in the event a Registered User deregisters or deactivates its account.
        23.6
    • In addition to the foregoing, MYSUN will not be liable to refund any amount paid to it unless it is expressly stated at the time of payment of the relevant fees/refund policy that may be notified from time to time.
  1. Mechanism of payment
        24.1
    • The User hereby unconditionally and unequivocally authorizes MYSUN to: (i) use a proprietary or third party payment facility provider; (ii) to collect any fees and/or charges payable by the Partner and/or Registered Users and/or a User through such proprietary or third party payment facility provider,
        24.2
    • The User authorises MYSUN to:
        24.2.1
    • collect all payments from the Registered User for and on behalf of the Partner; and
        24.2.2
    • retain and appropriate a certain percentage of the advance payment as commission, as may be notified to the concerned Partner as a part of its personalized dashboard.
  1. Taxes
        25.1
    • All consideration paid to MYSUN, whether in the form of fees, or subscription charges or otherwise, shall be exclusive of all applicable taxes including all value added, service, sales, use, goods and services and similar taxes, whether leviable on a reverse charge basis or otherwise, and You will pay any taxes that are imposed and payable on such amounts. You shall be solely and exclusively responsible at all times to ensure compliance with all tax obligations under all applicable laws, if any, arising out of or in connection with the access and use of the Website, or any matter incidental thereto, and keep MYSUN indemnified from any such liability that may occur upon You for which MYSUN may be approached by the tax authorities.
        25.2
    • Further, if for any reason, it is determined by government/tax authorities that any tax including income tax or withholding tax is required to be deducted and deposited on any payments or remittances to You, MYSUN will have the right to deduct and deposit any such applicable taxes with the appropriate regulatory authority. You agree and acknowledge that you will make no claim in respect of the taxes deposited by or on behalf of MYSUN.

MYSUN’S LIABILITIES

  1. Limitation of Liability
        26.1
    • To the extent permitted under applicable law, and notwithstanding anything contained in this Agreement, both parties agree that in no event shall MYSUN, its officers, employees, managers, suppliers, agents, successors, assigns, subsidiaries, parent companies or affiliates be liable for any loss or damage of any kind, direct, indirect, incidental, special or exemplary, or consequential including, without limitation damages, loss of profit, loss of data, quality, performance, and non-performance claims however caused whether based on Warranty, Contract, Tort, (including negligence) or any other legal theory, whether or not MYSUN is advised of the possibility of such damages, resulting from:
        26.1.1
    • access to and use of Website or any services offered therein or any Services offered by the Partners via the Website, including any services provided pursuant to an agreement formed independently of the Website,
        26.1.2
    • errors, mistakes, or inaccuracies of content uploaded, submitted or provided by MYSUN, data, marks, information, materials, or substance of the Website;
        26.1.3
    • any unauthorized access to or use of secure servers and/or personal information and/or financial information stored therein;
        26.1.4
    • any bugs, virus, or the like transmitted to or through the Website by a third party;
        26.1.5
    • any failed negotiations for a service, any dispute that may arise during or after the negotiation of a service or the formation of a contract for any service or any dispute that may arise between the Users or dispute between Users and Partners or dispute between Users and third parties; and
        26.1.6
    • any defamatory, offensive, illegal conduct of a third party or a User, If You are dissatisfied with the Website, or any materials, products, or services on the Website, or with any of the Website's Terms of Use, your sole and exclusive remedy is to discontinue using the Website.
        26.2
    • Each User and/or Partner acknowledges, agrees and understands that MYSUN itself has no role in the execution or provision of services, notwithstanding that the payment by such agreements may be routed through MYSUN designated bank accounts. It is further clarified that notwithstanding anything contained in this agreement or any other document, agreement, heads of agreement, letters of agreement, etc., MYSUN shall not have any liability whatsoever for any aspect of the arrangements between the Registered User and the Partner as regards the services offered and executed by the Partner or any related aspect therein.
        26.3
    • The User agrees and acknowledges that it bears sole and exclusive responsibility to check the availability of the Partner, the credentials of the Partner, and/or find out specific details of the services being offered by the Partner and MYSUN shall have no liability in relation thereof.
        26.4
    • In any event the total aggregate liability of MYSUN, or any of the MYSUN associate entities / persons referenced above, arising from the use of the Website or procurement of MYSUN Services shall not be more than the total fees actually paid to MYSUN by a User in relation to the particular MYSUN Services availed of by such a User in accordance with the terms contained herein. Provided, however, MYSUN shall under no circumstance, be liable if the User is merely accessing and / or visiting the Website.
        26.5
    • Notwithstanding the terms contained herein, in any event, MYSUN shall not be liable for any loss or damage after the expiration of three months from the happening of loss or the damage unless the claim is the subject of pending action or arbitration.
        26.6
    • MYSUN would not be liable for any loss or damage of any nature whatsoever caused by such advice, discussion or any of the Contents posted by any User including a Partner, or by any member/consultant of the MYSUN Team on the Website to any User, Partner, or a third party.
        26.7
    • The development of this Website with respect to the nature of the information or data available on this Website is a continuous and ongoing process. MYSUN disclaims any and all liability and/or responsibility for loss of any information or data, or any consequence, intended or unintended, due to the operation of this Website. MYSUN does not assume or purport to assume any responsibility or liability for your failure or inability to use or access this Website for any purpose. Published information or data available on this Website may not be current or up to date.
    1. Indemnity
You shall indemnify and hold harmless MYSUN, its officers, employees, managers, suppliers, agents, successors, assigns, subsidiaries, parent companies or affiliates, from any claim, demand, damages (actual or consequential) of every nature, known or unknown, suspected or unsuspected, foreseeable or unforeseeable, disclosed or undisclosed or actions including attorneys’ fees/legal expenses, made by any third party or penalty imposed due to or arising out of your breach of the Terms of Use , use of Website or any service provided thereunder, MYSUN’s Privacy Policy and other rules and regulations forming part of this Terms of Use, or the documents it incorporates by reference, or your violation of any applicable law, rules or regulations or the rights of a third party. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, You agree to provide us with such cooperation as is reasonably requested by us, as well as pay for the cost of defense in such cases, including legal, incidental and out of pocket expenses.
    1. Disclaimers
          28.1
        • MYSUN shall not be liable for any spam or fraudulent information in relation to a lead that may be provided by a User.
          28.2
        • MYSUN shall not provide or be in any manner responsible for, all hardware and/or software necessary to access the Website. You shall be responsible for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software in all events.

USER’S CAPACITY & COMPETENCE

      29
  1. Representation & Warranties
        29.1
      • Each of the Registered Users, Unregistered Users and/or Partner, as the case may be represents and warrants that
    29.2
    • It has the authority to accept this Terms of Use; and it is not prohibited from entering into this Agreement;
    29.3
    • As a company (if applicable), is duly incorporated and registered under the applicable laws;
    29.4
    • All of its subcontractors, employees, consultants, agents and suppliers will comply with all applicable laws in the performance of its obligations and exercise of its rights under this Terms of Use;
    29.5
    • It shall comply with the applicable laws including obtaining and maintaining all valid permissions/registrations under the applicable laws in relation to its status, ability to perform its services, and ability to make payments towards receipt of any services either under this Terms of Use or under any other agreement entered into inter se between Users or with Partners;
    29.6
    • It has the legal right to use and transfer the use, and ownership rights or license its copyright, trademark and other forms of intellectual property rights to MYSUN for the purpose of the implementation of this Agreement;
    29.7
    • It shall have no financial, administrative or any other direct or indirect control whatsoever with regard to the functioning of the Website; and
    29.8
    • It has not been convicted nor has any legal proceeding pending against it in any court of law.
    29.8
    • In addition to the above, Partner represents and warrants that it is qualified, experienced, and competent to provide the services as required under this Terms of Use or as specified in its listing upon the Website
    In the event that any of the above representations & warranties are found to be misstated, false, or untrue, whether with an intent to defraud MYSUN or otherwise, MYSUN shall have a discretionary right to void the contract ab initio, or otherwise, and take any suitable action under the Law against the User, at its own discretion.

INTELLECTUAL PROPERTY RIGHTS

  1. Intellectual Property Rights
        30.1
    • The Website may include a variety of features, such as discussion forums, blogs, photo- and video-sharing pages, e-mail services and social networking features that allow feedback to us and allow Users to interact with each other on the Website, connect with Partners, or to post content and materials for display on the Website. The Website also may include other features, such as personalized home pages and e-mail services that allow Users to communicate with third parties. Further, the Content may also contain links to third party sites. Any information that may be collected by third-party websites, whether or not such websites are linked on the Website, is governed by and subject to the privacy practices of those third-party websites, and is not governed by or subject to MYSUN’s Privacy Policy. By accessing and using any such features and/or posting any Content, the User and the Partner (as the case may be) represent and agree that:
        30.1.1
    • It is the owner or has the necessary licenses, rights, consents, permissions to use, and authorizes MYSUN to use, any materials posted or submitted on the Website, or is posting or submitting such materials with the express consent of the owner of the materials such that all such Content may be used in the manner contemplated by the Website and this Terms of Use;
        30.1.2
    • It has the written consent, release, and/or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every individual to enable inclusion and use of the Content in the manner contemplated by the Website and this Terms of Use; and agrees to pay all royalties, fees and any other monies owing to any person by reason of any Content posted on the Website without recourse to MySUN.
        30.1.3
    • The solar energy system, if any, featured or pictured or submitted as a part of its Content has been installed at its home or place of business, or on one of its properties, as the case may be, or in case of a Partner it has have secured the permission of the owner of the system that is featured or pictured or submitted as a part the Content, and it is in a position to provide Content relating to such system;
        30.1.4
    • The Content posted by it on the Website does not infringe the intellectual property rights, privacy rights, publicity rights;
        30.1.5
    • It shall endeavor to keep all records necessary to establish that the Content does not violate any of the foregoing representations and warranties and it shall make all relevant records and permissions relating to the Content available to MYSUN upon a written request;
        30.2
    • Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, MYSUN owns and reserves all intellectual property rights, including but not limited to trademark, copyright and patent in all text, programs, products, processes, technology, content and other material, which appear on this Website.
        30.3
    • All MYSUN logos, including but not limited to MYSUNCalculator, MYSUN, #LetsSolarize, Let's Solarize, #GetSolarized, and all related products and services, names, design marks and slogans are the trademarks or service marks of Eastern Light And Power Private Limited. All other marks are the property of their respective companies and You shall seek specific permission for using such marks. Access to this Website does not authorize anyone to use any name, logo or mark, which appears on the Website in any manner. References on this Website to any names, marks, products or services of third parties or hypertext links to third party websites or information are provided solely as a convenience to You and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service.
        30.4
    • You may download or copy the Contents and other downloadable materials displayed on the Website for your personal non-commercial use. No rights, title or interest of a commercial nature in any downloaded materials or software is transferred to You as a result of any such downloading or copying. If You wish to download or copy any material for purposes other than: (a) your personal non-commercial use and/or (b) fair use as permitted under applicable law, please see the licensing policy of the author/owner of such works or obtain requisite license/permission from the author/owner of such works. You hereby agree that, except as expressly provided herein, You have no right to copyright publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software.
        30.5
    • All software used on this Website is the property of MYSUN or its licensors and is protected by applicable copyright laws in India and international copyright laws, as the case may be. The Contents, tools and software on this Website may be used for sharing and as a browsing resource in accordance with this Terms of Use. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the contents on this Website is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of all content on this Website is the exclusive property of MYSUN and is also protected by copyright laws in India.
        30.6
    • If You believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to MYSUN immediately: (a) identification of the copyrighted and/or trademarked work claimed to have been infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Website, or information reasonably sufficient to permit MYSUN to locate the material; (c) written statement that You have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law; (d) information reasonably sufficient to contact You as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted; (e) statement by You, that the information in your notice is accurate and that You are the owner of the exclusive right or authorized to act on the behalf of the owner of such exclusive right; and (f) any other information that may be required from time to time. Provided, however, the notice under this provision may be sent to MYSUN only by the owner of the intellectual property rights in question. In the event You are not the owner of the intellectual property then You should contact the owner of the said intellectual property, who may choose whether to send a notice under the terms contained herein.

SUGGESTIONS & FEEDBACK

  1. Suggestions and Feedback
        32.1
      • If You send or transmit any communications, comments, questions, suggestions, or related materials to MYSUN, whether by letter, email, telephone, or otherwise (collectively, "Suggestions"), suggesting or recommending changes to the Website, including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and MYSUN is free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions. You agree and acknowledge that MYSUN is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and You have no right to compel such use, display, reproduction, or distribution or seek recognition if the Suggestions are in fact implemented.
        32.2
      • As a participant on the Website, You agree to use careful, prudent, and good judgment when leaving feedback for another User/Partner. The following actions constitute inappropriate uses of feedback: (a) threatening to leave negative or partial feedback for another User/Partner unless that User/Partner provides services not included in the original Posting or not agreed to as part of the Service to be provided between the User and the Partner; (b) leaving feedback in order to make the Partner appear better than he or she actually is or was; and (c) including conditions that may restrict a User/Partner from leaving feedback.
        32.3
      • MYSUN reserves the right to: (i) cancel your Suggestions/feedback; or any of your postings; (ii) limit your account privileges; and/or (iii) suspend or terminate your account with or without cause and with or without notice, for any reason in accordance with the terms contained herein.
        32.4
      • In any event, notwithstanding the above, if there is any dispute between the Users and/Partners and MYSUN concerning the Suggestions/feedback, MYSUN shall be the final arbiter of such dispute.
        32.5
      • In addition to the above, MYSUN has the right in its sole discretion to remove any Content, including any feedback or Suggestion, or take any action as it deems reasonable without incurring any liability whatsoever.
        32.6
      • You agree and acknowledge that MYSUN has no obligation to review, monitor, supervise or remove any feedback/Suggestion/posting or any other information submitted by You or any other User.
        32.7
      • You may contact MYSUN in case of any inappropriate use or of Suggestion/feedback via-email at hello@itsmysun.com.

CONFIDENTIAL INFORMATION

  1. MYSUN’s Confidential Information
During the course of your use of MYSUN Services, You may receive information relating to our affiliates or us or to MYSUN Services that is not known to the general public ("Confidential Information"). You agree that: (a) all Confidential Information will remain MYSUN’s exclusive property; (b) You will use Confidential Information only as is reasonably necessary for your participation in the MYSUN Services and ensure that persons who have access to Confidential Information will be made aware of and will comply with the obligations in this provision; and (c) You will not otherwise disclose Confidential Information to any individual, company, or other third party, including any affiliates. You may not issue any press release or make any public statement related to MYSUN Services, or use our name, trademarks or logo in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the relationship between us in any way.

FORCE MAJEURE

  1. Force Majeure
The User agrees that MYSUN shall have no liability, whatsoever, for any interruption or delay in the services offered by it in whole or in part by reason of any act, event, circumstance or a combination of acts, events and circumstancesbeyond itsreasonable control and without its fault or negligence such as technical issues terrorism, strikes, lockouts, acts of God, acts of war and other such similar events.

MODIFICATION, REFUSAL OF SERVICES & ACCESS TO THE WEBSITE

  1. Notice of use of Cookies
Some of our web pages, including our third party service providers, store and use "cookies" so that we can better serve You with customized information when You return to our Website. Cookies are identifiers, which a web site can send to your browser to keep on your computer to facilitate your next visit to our site. You can set your browser to notify You when You are sent a cookie, giving You the option to decide whether or not to accept it. The information we collect and analyze is used to improve our service to You. You agree that our third party service providers, and/or we, collect your IP address or other unique identifier. At times, we also use these identifiers to collect information regarding the frequency with which our guests visit various parts of our sites. We, either ourselves or through our affiliates or group companies, may combine your IP address with other personally identifiable information for marketing and for market research purposes, including internal demographic studies, so we can optimize our products and services and customize this Website for You.  
  1. Advertisement
You should note that aspects of the Website may be supported by advertising revenue. As such, MYSUN may display advertisements and promotions on its Website. MYSUN shall not be liable for any claim, error, omission and/or inaccuracy in advertising material. The manner, mode and extent of advertising by MYSUN on the Website are subject to change and the appearance of advertisements on the Website does not necessarily imply endorsement by MYSUN of any advertised products or services. You agree that MYSUN shall not be responsible or liable for any claim, error, omission and/or inaccuracy in advertising or for any loss or damage of any sort incurred by You as a result of any such dealings or as the result of the presence of such advertisers on the Website.  
  1. Additional Policies
Your access to, use of, and participation in the Website is subject to this Terms of Use, applicable MYSUN regulations, guidelines and additional policies that it may notify from time to time, including without limitation, a copyright policy and any other restrictions or limitations that MYSUN publishes on the Website (the "Additional Policies"). You hereby agree to comply with the Additional Policies and your obligations thereunder at all times. You hereby acknowledge and agree that if You fail to adhere to any of the terms and conditions of this Agreement or documents referenced herein, MYSUN, at its sole discretion, may terminate your account at any time without prior notice to You, as well as initiate appropriate legal proceedings, if necessary.  
  1. Refusal of Service or Access to Website
MYSUN reserves the right, at its sole discretion, to suspend, discontinue or cancel any MYSUN Service or deny access to or use of the Website at any time for any reason whatsoever including but not limited to addressing any technical problem caused by a computer virus, bug, or other technical problem, or for proper administration of the Website or violation of this the Terms of Use, Privacy Policy or other policy of MYSUN. The User agrees that MYSUN, in its sole discretion, may suspend or terminate the User’s password or account (or any part thereof) and restrict the use of the Website, or any part thereof, and remove and discard any materials that the User may submit to the Website, at any time, for any reason, without notice. The User agrees that MYSUN will not be liable to the User or any third party for any suspension or termination of his password, account or use of the Website or any part thereof, or any removal of any materials that the User may have submitted to the Website. In the event that MYSUN suspends or terminates the User’s access to and/or use of the Website, the User will continue to be bound by the Terms of Use that were in effect as of the date of such suspension or termination. If the Registered User or Partner or MYSUN terminates the use of the Website, MYSUN may delete any content or other materials relating to the use of the Website by the End User and/or Partner, in whch event, the User shall be liable to have copied its data, and or stored such data at its own behest, and MYSUN will have no liability to the User or any third party for doing so.  
  1. Modifications to or Discontinuation of the Website
        39.1
      • MYSUN reserves the right at its sole discretion, at any time, to modify or discontinue, temporarily or permanently, the Website, Terms of Use (including any document incorporated herein by reference), or any part thereof, with or without notice. MYSUN shall not be liable to any person including any User, Partner or to any third party for any modification, suspension or discontinuance of the Website, Terms and Conditions (including any document incorporated herein by reference) or any part thereof.
        39.2
      • MYSUN may amend the Terms of Use at any time by posting a revised version on the Website. It is hereby clarified that all updates and amendments shall be notified only via posting of the amended Terms of Use on Website, and that there shall be no separate notification which shall be provided to You. Please ensure that You periodically update yourself with the current version of the Terms of Use. The updated Terms of Use will be effective at and from the time MYSUN posts it on the Website. The Users and/or Partners are advised to regularly check for any amendments or updates to the Terms of Use. By use of the Website, the Users shall be deemed to accept and agree to be bound by this Terms of Use as provided from time to time. If You do not want to be bound by the Terms of Use or any future terms and conditions, please do not access or use the Website.

RELATIONSHIP BETWEEN PARTIES

40. No Agency or Partnership No agency, partnership, joint venture, or employment is created as a result of this Terms of Use or your use of any part of the Website or any agreement that may be executed between the User and the Partner. You do not have any authority whatsoever to bind MYSUN in any respect.
41. No Third Party Beneficiaries You agree that, except as otherwise expressly provided in the Terms of Use, there shall be no third-party beneficiaries to the Terms of Use.
42. Assignment Your right to access, or use the Website, or your subscription cannot be assigned, sold or transferred in any manner to any other person, corporate body, firm or individual. MYSUN may at its sole discretion assign this Terms of Use at any point of time.
43. Survival of Rights & Obligations upon termination
43.1. If any part of this Terms of Use is determined to be invalid or unenforceable pursuant to applicable law or term including, but not limited to, the warranty, disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Terms of Use shall continue in effect. Unless otherwise specified herein, this Terms of Use constitutes the entire agreement between You and us with respect to the Website/Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and us with respect to the Website/Service. MYSUN’s failure to act with respect to a breach by You or others does not mean MYSUN waives its rights to act with respect to subsequent or similar breaches.
43.2. Termination of this Agreement shall be without prejudice to the accrued rights and liabilities of the Parties at the time of such termination and all provisions of this Agreement necessary for the continued enjoyment of such accrued rights and liabilities, including but not limited to the Indemnity, Confidentiality and Dispute Resolution provisions of this Agreement shall survive the termination of this Agreement for the period so necessary.

DISPUTES & RESOLUTION

44. Applicable Laws & Jurisdiction of Courts The use of this Website and any Term and Conditions, Privacy Policy or any other document stated in this Terms of Use or executed pursuant hereto is subject to the laws of India. In case of any disputes arising out of the use of the Website, the Courts of Delhi will have exclusive jurisdiction.
45. Dispute Resolution
45.1. If any dispute arises between You and MYSUN during your use of the Website or, in connection with the validity, interpretation, implementation or alleged breach of any provision of this Terms of Use or the documents incorporated by reference (except for any dispute which may arise under or in connection to Clause 19; ‘Suggestions and Feedback’), the dispute shall be referred to a sole Arbitrator, who shall be an independent and neutral third party appointed at the time of such dispute having arisen, by MYSUN. The place of arbitration shall be New Delhi. The Arbitration & Conciliation Act, 1996, as amended from time to time, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
45.2. Notwithstanding the foregoing, You agree that MYSUN itself does not have any role in the execution or provision of services listed by the Partners itself, and hence MYSUN shall not be responsible or liable for any loss or damage of any whatsoever incurred as the result of any such transaction or dealings between the User (excluding the Partner) and the Partner. If there is a dispute between the Users or between the User (excluding the Partner) and the Partner or any User or third party, You acknowledge and agree that MYSUN is under no obligation to become involved. In the event a dispute arises between one or more Users (excluding the Partner), Partner and/or third party(/ies), You hereby release MYSUN, its officers, managers, members, directors, employees, agents and successors from any claims, demands, (actual and consequential) of every kind, known or unknown, suspected or unsuspected, foreseeable or unforeseeable, disclosed or undisclosed, arising out of or in any manner related to such disputes and/or Website or any service provided thereunder.
46. Grievance Officer In compliance and in accordance with the IT Act and rules made there under, the name and contact details of the Grievance Officer are published on the Website.
Rochak Singh Khati
hello@itsmysun.com
01204753500
47. Report Abuse If You come across any abuse or violation of this Terms of Use, please report to hello@itsmysun.com.

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