Terms of Use

SolarClue Seller Service provides this site (Seller.SolarClue.com) to you subject to the list of conditions, and by visiting the site, Seller.SolarClue.com, you accept these conditions. This document is an electronic record generated by a computer system in terms of the Information Technology Act, 2000, and the applicable rules come thereunder. In addition, the provisions about electronic records in various statutes as per the amendment “IT Act, 2000”. The domain name www.solarclue.com, including the seller portal Seller.solarclue.com and mobile application, is owned and operated by VARISTOR TECHNOLOGIES PRIVATE LIMITED COMPANY is an entity incorporated on 09 August 2016 under the Ministry of Corporate Affairs (MCA), with its registered office at Ardente Office One Hoodi Circle ITPL Main Rd, Hoodi, Bengaluru, Karnataka.

For the perseverance of the Terms of Use (“ToU”), if anywhere the context so requires, ‘you’ and ‘your’ shall relate to any normal or legal person who has agreed to become a seller on our Platform by providing registration data while registering on the Platform using computer systems. The word ‘user’ shall collectively imply a seller, a buyer, and any visitor on this Platform and the terms ‘we’, ‘us’ and ‘our’ shall mean SolarClue only. Your use of the Platform and the features in that is directed by the following terms and conditions (ToU) including applicable policies, notifications and communications sent to you on the Platform which are adapted herein by way of reference. You shall be subject to the policies that are applicable to the Platform for any kind of transaction, if you transact on the Platform.

By mere use of the Platform you will be required to contracting with SolarClue, and these terms and conditions including the policies constitute your mandatory obligations to SolarClue. When you use our current services or future facilities provided through the Platform you will be subject to the rules or guidelines, policies, terms and agreements applicable to such services and they shall be deemed incorporated into the ToU and considered an integral component of the ToU. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the ToU at any time. We will notify you through the communication mode as mentioned in this Terms of Use in case of any changes or updates to the ToU that substantially impact your use of the Platform. As long as you conform to the ToU, we grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Platform.

ACCESSING, BROWSING, OR OTHERWISE USING THE PLATFORM DIRECTS YOUR AGREEMENT WITH ALL THE TERMS AND CONDITIONS UNDER THE TOU (“TERMS OF USE”). Please read them carefully before proceeding. By impliedly or particularly accepting the ToU, you also accept and agree to be bound by all of SolarClue’s policies applicable to you, as amended, from time to time.

Seller Eligibility

The Platform is available to use for those persons who can form legally obligatory contracts under the Indian Contract Act, 1872. Persons including minors (i.e. under the age of 18 years), un-discharged insolvents etc. are not eligible to use the Platform. As they are "incompetent to contract" within the meaning of the Indian Contract Act, 1872, they shall not register as a seller on our platform, transact or use the Platform.

If you represent that you are duly authorized by the business entity to accept the ToU, register as a business entity, and you have the authority to bind the business entity to the ToU. And, SolarClue reserves the right to terminate your registration and/or refuse you access to the Platform if it is brought to its notice or discovered that you are under the age of 18 years.

Your Account and Registration Obligations

You agree to provide all your required details and information as requested by us from time to time and in the course of your use of our Platform. You shall remain accountable for maintaining confidentiality of all the important information, as well as your display name, login and password details. You agree that if any information provided by you is untrue, inaccurate, not up-to-date, or incomplete or we have judicious grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the ToU, then we shall have the right to suspend or terminate your account on the Platform or block you from accessing the Platform for indefinite days.

Seller Account Deactivation: As per SolarClue policy, if a seller requests for a closure of the account on SolarClue, the account will be put on hold for a period of 90 days to ensure smooth closure of transactions which have been made prior to his closure request. This account holding process will be available to the said seller for downloading payment and taxation reports, if required and after 90 days, the seller would be required to reach out to us confirming that he has downloaded the reports and requesting for a deactivation again. Finally, the seller’s account will be deactivated based upon receiving this confirmation, but provided there are no outstanding payments due from the seller, and with certain information such as registered mobile number, registered email ID, GSTIN and other transaction related information being retained by SolarClue at all times for audit purposes as well as to prevent fraudulent acts by the sellers in the future. If a seller decides to commence his business with SolarClue again, he/she will not be able to create a new account but the older account can be restored if it is required.

Communications

When you use our Platform, you agree and understand that you are communicating with us through electronic records. When you send emails, other data, information, or communication to us, you agree and understand that you consent to receive communications via electronic records from us periodically or as and when required. We may communicate with you electronic, whether an email or any other mode of communication.

Platform for Transaction and Communication

Users are likely to utilize the platform to independently meet (sellers and buyers) and interact with one another for their transactions. SolarClue is not a party to any transaction, however it helps solving if any dispute arises between users on the Platform.

  1. Any term, be it a commercial or contractual (price, shipping costs, payment methods and terms, date, period, and mode of delivery, and warranties and after-sales services related to products and services) that are offered by you and agreed upon between you as a seller and buyers alone. SolarClue does not have any control when it comes to determine, advice, or acceptance of such commercial/contractual terms between you and buyers.
  2. SolarClue does not make any representations or demonstrations in terms of quality, value, and salability of the products proposed to be sold, purchased on the Platform. SolarClue does not endorse the sale or purchase of any products on the Platform implicitly or explicitly and the platform accepts no liability for any errors of third parties in relation to the related products.
  3. SolarClue is not responsible for any non-performance or breach of any contract between you and buyers. SolarClue does guarantee that you and buyers concerned will perform transaction(s) settled on the Platform. SolarClue may mediate or resolve disputes or disagreements between you and buyers.
  4. We do not make any warranties regarding item-specifics (such as legal title, creditworthiness, identity, etc.) of any of our users. Sellers are advised to independently verify the bona fides of any particular buyer they choose to deal with on the Platform and use their best decision in that regard.
  5. SolarClue does not take any responsibility during a transaction between you and a buyer on the Platform that takes possession of any of the products, gain title to or have any rights or claims over the products offered by you to the buyer.
  6. SolarClue neither at no time shall hold any right/title to or interest in any of the listed/ordered products nor have any obligations or liabilities with respect to such a contract. SolarClue is not responsible for any kind of unsatisfactory or delayed performance of services, damages, or delays as a result of solar products which are out of stock, unavailable, or back-ordered.
  7. The Platform Seller.solarclue.com (only provides a platform for communication between sellers and buyers) is only a platform that can be utilized by you to reach a larger customer base to sell the items listed by you. SolarClue is agreed that the contract for sale of any product shall be a strictly bipartite contract between you and the buyer.
  8. You release SolarClue’s officers and representatives (and/or) from any cost, damage, liability or other consequence of any of the actions of the users on the Platform and specifically waive any claims that you may have in this behalf under any applicable law. Nevertheless its reasonable efforts on that behalf, SolarClue cannot control the information which is made available on the Platform and provided by other users. You may find other user's information to be offensive, harmful, inaccurate or deceptive, hence it’s recommended to use caution and practice safe trading when using the Platform. Please note that there may be risks in dealing with underage persons or people acting under false presence.
Use of the Platform

You agree and understand that the Platform (Seller.solarclue.com) merely provide hosting services to its registered users and any individual browsing/visiting the Platform. All the products listed and the contents therein are advertised by registered users and are third party user generated contents. SolarClue shall bear no responsibility in relation to or arising out of third party user generated content; the platform neither originates, initiates the transmission, selects the sender and receiver of the transmission nor selects and modifies the information contained in the transmission. SolarClue is simply an intermediate and does not interfere in the transaction between buyers and sellers. You agree, undertake and confirm that your use of the Platform (SolarClue.com) shall be strictly governed by the following binding principles:

1. You shall not upload, display, publish, modify, transmit, update or share, host any information or image, over which you have no right and which belongs to another person; which is false, inaccurate or misleading in any way; which harasses or advocates harassment of another person; which promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory, or libelous; which involves the unsolicited mass mailing, or ‘spamming’, including spamming by ways of unrelated feedbacks on surveys, transmission of ‘junk mail’, ‘chain letters’; which is patently offensive to the online community, such as sexually explicit content or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any individual or group; which is grossly harmful, harassing, defamatory, bigotry, obscene, blasphemous, pornographic, pedophilic, libelous, disparaging, relating to or encouraging money laundering or gambling, invasive of another’s privacy, hateful, or racially, ethnically objectionable, or otherwise unlawful in any manner whatever, or unlawfully threatening or harassing, including but not limited to ‘indecent representation of women’ within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; infringes upon or violates any third party's rights [including but not limited to intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address, or phone number) or rights of publicity]; which contains restricted or password-only access pages, hidden pages or images or URLs leading to any other pages (those not linked to or from another accessible page); which provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone; which provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses; which contains unauthorized videos, photographs or images of another person (whether a minor or an adult); which promotes an illegal or unauthorized copy of another person's copyrighted work such as providing pirated computer programs or links, information to circumvent manufacturer-installed copy-protect devices, or pirated music or links to pirated music files (advisable to see “Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material); which tries to gain unauthorized access or exceeds the scope of authorized access to the Platform, profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Platform, or solicits passwords or personal identifying information for commercial or unlawful purposes from other users on the Platform; which engages in commercial activities (and/or) sales such as contests, trade, advertising, pyramid schemes, or the buying or selling of ‘virtual’ items related to the Platform without our prior written consent and throughout the Terms of Use (ToU), SolarClue’s prior written consent means a communication coming from SolarClue’s Legal Department in response to your request and specifically addressing the activities or conduct for which you have sought authorization; which solicits gambling or engages in any gambling activity (we, at our sole discretion, believe) is or could be construed as being illegal; which interferes with another’s use and enjoyment of the Platform; which refers to any website/URL which, at our sole discretion, contains material that is inappropriate for the Platform or any other website and content prohibited or violates the letter and spirit of ToU; which harms minors in any way; which infringes any patent, trademark, copyright, proprietary rights, third-party’s trade secrets, rights of publicity, or privacy, is fraudulent, or involves the sale of counterfeit or stolen items; which violates any law for the time being in force; which deceives or misleads the addressee/ users about the origin of messages or communicates any information which is grossly offensive or menacing in nature; which impersonates another person; which contains software viruses or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, diminish value of, surreptitiously intercept, or expropriate any system, detrimentally interfere with, data, or personal information; threatens 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 offence or prevents investigation of any offence or is insulting any other nation/offends the religious and national sentiments of the nation as included in ‘Zero Tolerance to Profanity, Hurting National and Religious Sentiments’ policy; which shall, directly or indirectly, offer or attempt to offer trade in any item which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; which shall create liability for us or cause us to lose (in whole or part) the services of our Internet Service Provider (“ISPs”) or other suppliers.

2. You shall not use any program, algorithm, ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’, automatic device, methodology, or any similar or equivalent manual process to access, acquire, copy, monitor any portion of the Platform or content or in any way reproduce, or any content to obtain or attempt to obtain any material, documents, or information through any means not purposely made available through the Platform, or circumvent the navigational structure, presentation of the Platform. SolarClue reserves its right to bar any such activities.

3. You shall not attempt to gain unauthorized access to any portion or feature of the Platform, other systems, networks connected to the Platform, server, computer, network, or the services, which are offered on or through the Platform by hacking, password ‘mining’, or any other illegitimate means.

4. You scan or test the vulnerability of the Platform or shall not probe any network connected to the Platform or breach the security, authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, visitor to Platform (including any account on the Platform that is not owned by you) or trace or seek to trace information on any other user of or to its source or exploit the Platform, any service, information made available, or offered by or through the Platform in any way where the purpose is to reveal any information (including but not limited to personal identification or information other than your own information) provided by the Platform.

5. You shall not make any negative, defamatory statement(s)/comment(s) about us, the brand name or domain name used by us, including the terms SolarClue, Selle.solarclue.com, SolarClue.com or otherwise engage in any action that might tarnish the image or reputation of SolarClue or sellers on the platform or otherwise tarnish or dilute any SolarClue trademark, service marks, trade name and/or goodwill associated with such trade, service marks or trade name as may be owned or used by us. You agree that you will not take any action that imposes ay disproportionately large load on the infrastructure of the Platform or SolarClue’s systems, networks, or any systems or networks connected to SolarClue.

6. You agree not to use any device, software or routine to interfere or attempt to interfere any other person’s use of the Platform or with the proper working of the Platform, any transaction being conducted on the Platform.

7. You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message, transmittal you send to us on or through the Platform or through the Platform, or any service offered on. You may not pretend that either you are or represent someone else or impersonate any other individual or entity.

8. You may not use the Platform or any content for any purpose that is unlawful or prohibited by the ToU or to solicit the performance of any illegal activity or other activity which infringes the rights of SolarClue and/or others.

9. You shall at all times make sure full compliance with the applicable provisions of the Information Technology Act, 2000, and the other rules thereunder as applicable and amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in force); International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Integrated Goods and Services Tax Act, Central Goods and Services Tax Act, Food Safety and Standards Authority of India (FSSAI), relevant State Goods and Services Tax Act or Union Territories Goods and Services Tax Act and Custom Duty, Local Levies as may be applicable) and obtain the necessary licenses and permits regarding your use of our Platform, service and/or tools and your listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction related to any article or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular you shall ensure that if any of your products listed on the Platform qualifies as an "Antiquity" or "Art treasure" as defined in the Act ("Artwork"), you shall indicate that such Artwork is "non-exportable" and sold subject to the provisions of the Antiquities and Art Treasures Act, 1972, and shall ensure that it is not delivered to any buyer at any place outside India.

10. You shall strictly comply with the OFAC Regulations and Other Applicable Sanctions Regulations as may be amended from time to time. The existent Trade Compliance Policy Statement is available at the Seller Learning Centre.

11. You shall solely to enable us to use the information you provide us with and so that we do not violate any rights you might have in your information. You agree to grant us a perpetual, irrevocable, royalty-free, a non-exclusive, worldwide, and sub-licensable (through multiple-tiers) right to exercise the copyright, publicity or database rights or any other rights you have in your information for any current or future promotional or advertising related activities and any business purposes of SolarClue.

12. You shall be responsible for providing information relating to the items or services proposed to be sold by you, from time to time and in this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate the attributes of such items or services so as to mislead other users on the Platform in any manner.

13. Your correspondence or business dealings with or through the Platform (including payment and delivery of related products or services, any other terms, conditions, warranties, or representations associated with such dealings) or the participation in the promotion of advertisers on or are solely between you and such advertisers. SolarClue shall not be responsible or liable for any loss or damage of any sort incurred as a result of such dealings or the presence of such advertisers on the Platform.

14. SolarClue shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group(s) of people, intentionally or unintentionally, in DoS (denial of service) / DDoS (Distributed Denial of Services).

15. There is a chance that other users (including unauthorized persons or ‘hackers’) may post or transmit offensive or obscene material on the Platform and that you may be involuntarily exposed to such material and it is also probable for others to obtain personal information about you due to your use of the Platform and use such information to harass or injure you. We do not approve of such unauthorized uses but by using the Platform, at any case you face such experiences then also you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform. Please carefully select the type of information that you share or publicly disclose with others on the Platform.

16. We reserve the right, but have no obligation, to monitor the material posted on the Platform and SolarClue shall have the right, at its sole discretion, to remove any content that violates or is alleged to violate any applicable law or either the spirit or letter of the ToU. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIAL YOU POST ON THE WEBSITE AND YOUR INDEPENDENT COMMUNICATION WITH THE BUYERS AND OTHER SELLERS, REGARDLESS OF FORM.

You shall not engage in advertising or solicitation of other sellers on the Platform to buy or sell any products, including but not limited to products related to what is displayed on the Platform. You may not transmit any unsolicited commercial or junk email to other users acquired/via the Platform and if does, that shall be a violation of the ToU to use any information obtained from the Platform in order to harass, abuse, or harm others or contact, advertise and sell to or solicit persons other than those who have chosen to buy from you. You understand that we have the right at all times to disclose any information (including the identity of the persons who have provided information or material on the Platform) if it’s necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with the investigation of an alleged illegal activity or its solicitation and/or response to a lawful court order or subpoena. In addition, we can disclose any information about you to law enforcement (and you hereby expressly authorized us to) or other government officials as we, at our sole discretion, deem necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

Please be advised that such content posted does not reflect SolarClue’s views, and you hereby represent and warrant that you have necessary rights to all the content you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any misleading, libelous, tortious, or otherwise unlawful information.

17. SolarClue and/or its affiliates may in partnership/association with its partners and/or third-party sponsors from time to time, organize/enable promotional campaigns on the Platform for the benefits of the customers/Sellers. Partners/third party sponsors may prescribe certain objective qualifying criteria to identify Sellers (All Sellers who qualify based on the objective criteria provided by such sponsors of the campaign will be auto opted-in and be able to obtain the benefits of such promotional campaign) who will be eligible for the benefits of the campaign. In the event any Seller does not qualify based on the objective criteria, then they may choose to participate in such campaigns by expressly opting-in for them. In the event a Seller opts in for such promotional campaigns that they are not eligible for to enhance their sales, they will have to bear the cost of such promotional campaigns, if any, limited to the sales of their products and hence, for avoidance of any doubt, some Sellers may qualify, and some may not, based on the qualifying criteria set for each individual campaign. Please refer to the campaign communication/notifications for more details, as may be communicated to you from time to time.

Selling

You shall list product(s) for sale on the Platform (as a registered seller) in accordance with the policies, which are incorporated by way of reference in this ToU. You must be legally able to sell the listed product (s) for sale on our Platform and must have all the necessary licenses and permits required for such sale. You must ensure that the listed products do not encroach on the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics, pictures or videos that describe your products for sale, and all the items must be listed in an appropriate category on the Platform. The listing description of the item must not be misleading and must describe the actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amount that you may have received from the buyer.

All listed items must be kept in stock for successful fulfilment of sales. You agree not to list a single product in multiple quantities across various categories on our Platform. SolarClue reserves the right to block such listings of the same product listed by you in various categories and also reserves the right to restrict the selling of products originating from certain countries.

Compliance/Agreement on Selling of Goods

You shall certify full compliance with the provisions of Integrated Goods and Services Tax (IGST), Central Goods and Services Tax (CGST) and Union Territory Goods and Services Tax (UTGST) or State Goods and Services Tax (SGST) in respect of the products supplied by you. It is your responsibility to charge appropriate items taxes on the supplies effected and remittance of the same to the Government. SolarClue shall not be responsible for any deficiency and/ or omission on your part.

Pursuant to the tax collection at source provisions under IGST, CGST and/UTGST or SGST, the portal would submit tax collection at source at applicable rates on net value of taxable supplies made through the portal and remit to the appropriate Government. In case of any mismatches on account of tax collection at source, you shall be required to provide all relevant information to SolarClue to correspond with the relevant authorities and also in case of any liability accruing on account of omission shall be your obligation to pay such deficit.

You shall be required to provide the corresponding Harmonized System Nomenclature (HSN) code number for every product listing and in any case, you do not provide the HSN code number that particular product will be delisted and you will no longer be able to sell the product on our platform. You shall also be required to provide your GSTIN, without which we will not be able to raise an invoice on you, and transactions on your account will be blocked and orders will not be processed on your account in the event that you do not provide your GSTIN number. In the event of you providing your Input Service Distributor Registration Number, SolarClue would be issuing an invoice to the ISD GST registration number as furnished by you.

It is your responsibility to undertake the necessary compliance required in respect of the said ISD registration number. The provisions of this clause will prevail in the event of any conflict between the terms of this clause and any other clause in these terms of use. We do not mandate that any of your Products should be sold exclusively on the Platform and unilaterally waive any obligation on you to sell exclusively on the Platform. Any written or oral arrangements to the contrary, shall stand unilaterally waived. SolarClue will deduct its commission on the gross amount of sale (excluding GST) or SCSP (SolarClue Selling Price) of goods mentioned through the Platform.

Content Posted on the Platform

Seller.solarclue.com has no responsibility or liability over such third-party generated Content (all text, graphics, seller interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork, notes, messages, emails, billboard postings, drawings, profiles, opinions, ideas, images, videos, audio files, other material or information/collectively ‘Content’) as SolarClue is merely an intermediary for the purposes of this ToU. No part of the Platform including the Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including ‘mirroring’) to any other computer, server, website or other medium for publication, distribution or any commercial enterprise without SolarClue’s prior written consent and except as expressly provided in the ToU. You shall be responsible for the Content posted or communicated on the Platform by You. The Content will become our property and you grant us the Nationwide, perpetual, royalty free and transferable rights in such content. You agree that any content you post may be used by us, consistent with this TOU, and you are not entitled to any payment or other compensation for such use.

You may use the information on the products and services provided you and made available on the Platform for downloading: Do not remove any proprietary notice language in all copies of such Content; Use such Content only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it to any media; Make no modifications to any Content and do not make any additional warranties relating to the Content.

We shall be entitled to, consistent with our privacy policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of purpose forever, including, but not limited to, promotional and advertising purposes in any media, whether now known or hereafter devised or the creation of derivative work.

Payment
  1. Transactions, transaction price and all commercial terms such as delivery, dispatch of products are as per principal to principal bipartite contractual obligations between sellers and buyers and the payment facility is merely used by sellers and buyers to facilitate the completion of transactions. Use of the payment facility shall not render SolarClue liable or responsible for non–delivery, non-receipt, non-payment, damage, breach of representations and warranties, warranty services or fraud as regards the products listed on the Platform.
  2. You have specifically authorized SolarClue or its payment partners to collect, process, facilitate, and remit payments and/or the transaction price electronically, but we do not accept cash on delivery (CoD) to and from buyers in respect of transactions through payment facility. Your relationship with SolarClue is on a principal to principal basis and by accepting the ToU, you agree that SolarClue is an independent platform for all purposes and does not have control of or liability for the products or services that are listed on the Platform and paid for by using the payment facility. SolarClue neither guarantee the identity of any User nor does it ensure that a buyer or a seller will complete a transaction.
  3. You understand, accept, and agree that the payment facility provided by SolarClue is neither a banking nor financial service, but merely a facilitator providing an automated online electronic payment facility for receiving payment, collection and remittance for transactions on the Platform using the existing authorized banking infrastructure, post-paid credit limit, and credit card payment gateway (PG) network. Further, by providing payment facility, SolarClue neither acts as a trustee nor fiduciary with respect to transaction or transaction price. It is hereby clarified that cash on delivery (COD) option is not be available for the products or categories, at SolarClue’s sole discretion.
  4. All online bank transfers from valid yet active bank accounts are processed using the gateway provided by the respective issuing bank that supports payment facility in terms of providing products and related services to the users. All such online bank transfers on payment facility are also governed by the terms and conditions agreed to between a seller buyer and the respective issuing bank.
Dispatch of Products
  1. You, as a seller, shall be required to dispatch the products for every transaction to the buyer within the time period as provided in the TOU to ensure that the products are delivered in a timely manner. Further, you will solely be responsible for undertaking transit insurance for products sold by you on the Platform. SolarClue will not be responsible for undertaking any insurance(s) for products sold by sellers on the Platform only for avoidance of doubt.
  2. Seller shall provide dispatch details and details of the ordered products listed by him and on the Platform SolarClue in such a manner and within a time period as provided in the policies fail then the transaction shall stand cancelled.
  3. Any seller shall dispatch the products using only an approved delivery channel which provides appropriate ‘proof of dispatch’ & ‘proof of delivery’ (PoDs) documentation and such PoD documentation relating to delivery shall be maintained by a seller for a couple of years from the date of dispatch.
  4. A seller agrees that the dispatch details shall be true, correct, and duly authorized and shall not be misleading, fraudulent, false, unauthorized, and illegal and that does not contain any misrepresentation of facts.
  5. A seller may lead to suspension and/or termination of seller account, if any case he fails either to provide dispatch details or provides the same not complying with policies, it shall result in consequences as more specifically stated in the TOU.
  6. Seller agrees that the transaction price paid by a buyer (based on SSP) will be remitted to his bank account depending upon certain events: Buyer confirms the delivery of products in the transaction (customer will share the received OTP only when he is satisfied and sent through SolarClue); Buyer does not take any action on payment facility to confirm delivery within such a time period as provided in the policies despite confirmation of dispatch of products a by a seller to the buyer; Once the transaction is completed by the Seller, the remittance to seller shall be made in accordance with RBI Intermediary Guidelines.
  7. You are required to route all shipments/consignments through the Logistic Partner, ‘Logistic Partner’ shall mean a logistic service provider as provided and approved by SolarClue.
Prepaid Payment Instruments

SolarClue may, either itself or through third-party service provider offer prepaid instruments as a payment option for transactions on the Platform to users, and any purchases by buyers on the Platform using the prepaid instruments shall be governed by the following terms and conditions:

  1. Such prepaid instruments may be used to make payments for the products purchased on the Platform (easy EMIs through our credit limit partner).
  2. Such prepaid instruments can be selected by buyers by choosing the payment mode as may be provided on the Platform.
  3. Such prepaid instruments cannot be used to purchase other prepaid instruments or gift vouchers.
  4. Prepaid instruments cannot be redeemed for cash.
  5. Buyers can combine and use a prepaid instruments along with their credit cards and also, they can be combined with promotional codes.
  6. Purchases of prepaid instruments are not eligible for cashback offers.
  7. All sellers on the Platform will accept this prepaid instrument as a payment instrument especially when they want No Cost EMI or Low Cost EMI.
  8. SolarClue will make payments to sellers whose products have been purchased by buyers as per the guidelines issued by the Reserve Bank of India from time to time.
Charges

Registration on the Platform is free as SolarClue does not charge any fee for browsing/registering to becoming a seller on the Platform. However, before you list a product for sale through the Platform, we request you to review our fee policy, which is hereby incorporated by reference into this ToU. However, SolarClue reserves the right to change its fee policy from time to time, in other words, SolarClue may, at its sole discretion, introduce new services and modify some or all of the existing services offered on the Platform. Changes to the fee policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees (INR) and payable to SolarClue and you shall be solely responsible for compliance with all applicable laws for making payments to SolarClue itself. You hereby agree that SolarClue shall have the right to set off any amounts due and payable by you to SolarClue against any payments due from SolarClue to you.

1. GST /Taxes: You are responsible for paying all fees associated with the use of the Platform and the entire charges collected in respect of such usage. You agree not to bear any and all applicable taxes, charges, (including NO GST cess as may be applicable to the transaction).

a.) A seller agrees that SolarClue may offer to provide Express Remittance (subject to RBI Intermediary Guidelines and arrangements/directions of the nodal bank) to eligible sellers as per payments settlement policy. SolarClue, at its sole discretion, may make such an offer to eligible sellers and the same shall not be construed as a right but only as a privilege. SolarClue’s policies and/or failure by the eligible sellers to maintain or comply with the parameters as may be decided by SolarClue from time to time.

b.) A seller expressly agrees that issuing correct and complete invoice generation is the sole and primary responsibility of a seller. Our support team will assist you with this process by generating an invoice on your behalf (for us to generate these invoices, we would need a digital image of your signature which will be affixed on the invoice, then the invoice shall then be generated and sent to the seller). The invoice generated by SolarClue shall be affixed by the seller on the consignment ordered by buyer or customer. Notwithstanding anything else contained in these terms of use, the seller shall be solely liable for any liability which may be imposed by taxation authorities for any discrepancy in the invoices. Moreover, the seller shall ensure that invoices state ‘Powered by SolarClue’ and failing to do so, a seller shall be liable to chargebacks (as applicable).

c.) SolarClue may delay notifying the payment confirmation, i.e. informing the seller to dispatch if SolarClue deems any suspicious or a buyer conducts high transaction volumes to ensure safety of the transaction and transaction price.

d.) Sellers shall acknowledge that SolarClue will not be liable for any damages, interests, claims etc. resulting from not processing a transaction or any delay in processing a transaction price that is beyond the control of SolarClue.

e.) SolarClue shall make payments into the bank account (provided by a seller during the seller registration process), and once SolarClue has made payments into such a bank account number, the platform shall be discharged of any/all liabilities towards the seller and the seller shall not be eligible for any claims whatsoever.

2. Compliance with Laws:

a.) Seller shall sign an undertaking stating that they have obtained and will continue to maintain in force all the necessary licenses, permissions, authorizations, and permits needed to distribute, market, supply and sell the [*] (“Products”) on www.seller.solarcluecom under applicable laws.

b.) Seller shall comply with all laws and regulations applicable, including but not limited to anti-money laundering, including ‘know your customer’ and ‘customer due diligence’, and economic sanctions laws and regulations. Neither party will engage in a transaction pursuant to this ToU that will cause the other party to violate such regulations.

c.) Seller shall ensure that no products are sourced or used in the manufacturing which originate wholly or in part, from any of the prohibited areas stated in the country.

d.) If and to the extent that you collect, access, store, record, or otherwise process (collectively “Process”) any personally identified or identifiable information such as name, age, gender, email address, postal address, phone number, in any form that can be linked to a specific individual (“Personal Information”) received by you from or on behalf of SolarClue employees, contractors, users, partners, or other third parties or otherwise obtained in connection with performing your obligations under this ToU (“SolarClue’s Personal Information"), you agree to: comply with applicable data protection laws, rules and regulations governing the collection, use, protection, breach notification, retention, disclosure of Personal Information including but not limited to Information Technology Act, 2000; maintain all SolarClue’s Personal Information in strict confidence and the obligation to protect Personal Information shall survive in perpetuity; process SolarClue’s Personal Information solely to fulfil Your obligations under this ToU and not sell, rent, trade, lease, use for its own marketing purposes, or otherwise make an unauthorized disclosure of the Platform’s Personal Information to any third party.

e.) If and to the extent that you provide yours or others’ Personal Information to SolarClue for processing, you warrant that such Personal Information was collected lawfully, and there is no restriction on you under the Applicable Data Protection Law (from providing such Personal Information to SolarClue or any processing by SolarClue under this ToU). We will only use information provided by you in accordance with this ToU.

f.) You undertake sole and exclusive responsibility to ensure that the products you want to list on Seller.solarclue.com for Sales are permissible for such a Sale and are not prohibited or restricted per one or any condition imposed by the extant laws of the land. SolarClue’s Prohibited and Restricted Items Policy, or other policies/Indian Laws listed in Seller Learning Portal.

g.) Concerned products must adhere to the legal metrology laws and Indian Labelling requirements by ensuring that the indicated measurement indicated in the products and/or its components are commensurate with the mandatory and legal requirements of the same which make the product authentic and secure for utilization by the customer. SolarClue does not assume any responsibility for the proceedings undertaken by an aggrieved customer/consumer against the seller in the event of a non-adherence, But in the event of a complaint from a consumer/customer, the seller is obligated to answer queries on the non-adherence to the Legal Metrology Laws, failing which SolarClue can temporarily or indefinitely suspend/terminate/block/with-hold their account at its own discretion.

Trademark complaint

SolarClue does respect the intellectual property of others. So, in case you feel that your trademark has been infringed, you can write to SolarClue at ss@solarclue.com.

  1. Copyright complaint: SolarClue respects the intellectual property of others. And, you can write to SolarClue at ss@solarclue.com if at all you feel that your work has been copied in any way that constitutes copyright infringement.
  2. Trademark, Copyright and Restriction: The Website is controlled and operated by SolarClue and products are sold by respective registered sellers registered at Seller.solarclue.com. All the necessary details available on the Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks and other intellectual property rights. You must not copy, reproduce, republish, upload, post, transmit, or distribute SolarClue’s other sellers’ material in any way, including by email or other electronic means and whether, directly or indirectly.
Product Description

SolarClue does not warranty that product description on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

Audits

SolarClue shall have the right to inspect and audit seller’s records and premises of business through itself. Cost of such an audit shall solely be borne by SolarClue unless the audit reflects discrepancy in seller accounts / non-compliance with SolarClue’s seller policies, in which case the cost of audit shall be borne by the seller.

Applicable Law & Limitation of Liability

The ToU on SolarClue shall be governed, interpreted, and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be Bangalore.

IN NO EVENT SHALL SOLARCLUE BE LIABLE (Limitation of Liability) FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE TOU, EVEN IF THE PLATFORM HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Jurisdictional Issues/Sale in India Only

The material on the Website is presented solely (unless otherwise specified) for the purpose of sale in India. SolarClue makes no representation that the material on the Website is appropriate or available for use in other countries other than India as SolarClue is not responsible for supply of products/refund for the products ordered from other countries other than India and compliance with local laws, if and to the extent local laws are applicable.

Contact Us

Please send any comments including all enquiries not related to trademark and copyright infringement, by raising an incident from your seller dashboard. You may contact our Grievance Officer if in accordance with the IT Act, 2000, and the rules thereunder and the contact details of the grievance officer are provided below:

Ardente Office One, Hoodi Circle K.R. Puram, Bangalore, Karnatake – 560048
Phone: 888 4444 830
Email: ss@solarclue.com
Time: Mon – Sat (10:00 – 19:00)

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