Terms and Conditions
In this policy, the words "we", "our", and "us" refer to Enercent Devices, the website enercent.co and the Enercent smartphone application (“App”) available for Android and iOS platforms (hereinafter referred to as “Enercent”). Enercent Devices are defined as Enercent smart plugs, being electrical/electronic devices with radio communication features.
All rights, including copyright, in the Enercent Devices, Website and App are owned by Enercent India Private Limited (hereinafter referred to as Enercent). Enercent is the proprietary trademark of Enercent India Private Limited. Any use of the Enercent Devices, Website and App or its contents, including copying or storing it in whole or part is prohibited without the permission of Enercent.
If you have any queries about these terms & conditions please mail us at email@example.com if you have any queries or have any comments or complaints on or about our Devices, Website and App, please email us at firstname.lastname@example.org
1. ELIGIBILITY CRITERIA
The usage of the Enercent Devices, Website and App and its services are not available to minors under the age of eighteen (18) or to any Users “incompetent to contract” within the meaning of the Indian Contract Act, 1872. Notwithstanding the foregoing, if you are below the age of eighteen (18) years, you may avail the services provided by Enercent through your legal guardian, who will be treated as the primary customer, in accordance with the applicable laws. Those who choose to access the Enercent Devices, Website and App from outside India are responsible for compliance with Indian local laws if and to the extent that local laws are applicable.
2. SECURITY AND SAFETY:
3. USER OBLIGATIONS
4. USE OF MATERIALS
Enercent owns the copyright to all the contents of the Enercent Devices, Website and App, except where specific credit is given. You may not copy, reproduce, distribute, republish, download, display,
post or transmit any part of the website and App without written consent from us (except as stated below).
You may print or download any page(s) for your own personal and non-commercial use only. If you have any doubts about what you can do, please go to our contact us page to apply for permission to reproduce the content.
Enercent represents and warrants that(1) it has the authority to enter this Agreement(2) to the best of Enercent’s Knowledge, Software does not at the time of delivery contains any malicious code that could adversely affect the operation, security or integrity of the system. To the maximum extent permitted by applicable law, Enercent makes no warranties, whether express, implied or statutory that the Software will be error-free or will perform in an uninterrupted manner.
- b) External Material
You shall not use the Enercent Devices, Website and App in any way that will damage it or interrupt its provision. You shall not use the website and App to transmit or post any computer viruses.
- c) Links
The website may contain links to other websites; these external websites are not under our control. We cannot be held responsible for such websites and cannot make any warranties or guarantees about them. We provide these links because we think they might interest you, but we do not monitor or endorse these other websites.
- d) Liability
We take no responsibility for any loss or damage suffered as a result of our "order online" service, or goods supplied using it, except as required by law, even if we could have foreseen the loss, or the possibility of it was brought to our attention. In no event will Enercent be liable for any business interruption, loss of data, cost of cover or any indirect or consequential damages. Enercent’s maximum aggregate liability for damage or loss shall in no event be greater than INR 1000/-
5. COPYRIGHT, TRADEMARK & DESIGN
Enercent reserves all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on the Enercent Devices, Website and App, except where specifically mentioned. Access to the Enercent Devices, Website and App does not authorize anyone to use any name, logo or mark in any manner. All materials, including images, text, illustrations, designs, icons, photographs, written and other materials that are part of the Enercent Devices, Website and App (collectively, the 'Contents') are intended solely for personal, non- commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website and App for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You will not reproduce (except as noted above), 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 of the Website and App.
6. CREDIT CARD, PAYMENT WALLET & PERSONAL IDENTITY DETAILS
You agree to provide correct and accurate credit/ debit card and payment wallet details to the approved payment gateway for availing Services on the Website and App. You shall not use the credit/ debit card which is not lawfully owned by you, i.e. in any transaction, You must use your own credit/ debit card. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your credit/ debit card details. Enercent expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card. Your payment card will be debited for your order on the day we send you the formal order confirmation. Enercent shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by Enercent with our acquiring bank from time to time.
7. SALES TAX/ VAT
Our prices are inclusive of all applicable taxes.
8. DELIVERY SCHEDULE
Tentative delivery time will be given along with the formal order confirmation. The exact delivery date shall be provided as soon as your order is ready for dispatch.
Enercent reserves the right, at our sole discretion, to limit the quantity/ value of the items purchased by you and such restrictions may be applicable to orders placed by the same account and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. Enercent reserves the right, at our sole discretion, to prohibit sales to anyone as it may deem fit.
10. CANCELLATION BY ENERCENT
There may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for reasons which will be mentioned. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional information or verification/s before accepting any order. We will inform you if the entire order or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit/debit card/Wallet has been charged, the said amount will be reverted back in your appropriate account. We will seek authorization on your card for the aggregate amount of the order placed by you, however, we may charge your card (capture) only with the amount corresponding to the actual portion of the order that we are able/willing to fulfil, and any associated shipping charges/taxes and levies etc. Any surplus amount, for which we might have originally sought and received authorization from your Card/Wallet Issuer, if not captured by us in the time period stipulated by our Merchant Banker, will not be captured/ charged. If however the same is charged to your card/ bank account in error, we will refund it as soon as the same is realized by us or brought to our notice, whichever is sooner. Enercent reserves the right to capture/charge your card to the full or partially authorized amount for the concerned order.
11. CANCELLATION AND CHANGES BY CUSTOMERS
If you wish to cancel or modify your order, please send an email to email@example.com. While we will try to accommodate your request, we cannot guarantee cancellation or modification, once an order has been submitted. Once you have received your online order, if it is the incorrect product or found to be damaged please contact us within 3 days of receipt and we will arrange for collection. The customer agrees not to dispute the decision made by Enercent and accept Enercent policy regarding the cancellation.
12. SHIPPING POLICY
Currently, we serve to selected cities in India only. Note
At present, we do not have the option to deliver a single order to multiple destinations. You will need to place different orders for shipment to multiple destinations.
Shipping & Handling Charges
We provide free shipping to select locations and shipping charges for certain locations shall be specified with your order.
Time to Deliver
The time taken for delivery tends to vary according to the destination; however, we make our best efforts to ensure that the order is delivered within 10-15 working days once you place the order. In the unlikely event that we fail to deliver your order within the stipulated period, we shall cancel the order and notify you regarding the same. In such cases, the refund will be made directly to your account via the same mode through which the payment was made or via cheque. We only partner with reputed courier agencies to ensure that the products reach you promptly and in perfect condition. We also ensure that the delivery is made to the recipient and thus require the identity proof for verification:
Please Note: The recipient needs to keep a photocopy of any one of the following national approved photo id proofs handy for receiving the delivery: Pan card Driving License Passport Voter identification card Postal identification Card (Aadhar)
13. RETURN POLICY
A refund shall be provided if you cancel any order before it has been shipped by calling us or emailing us to notify about the cancellation and we will determine if it is possible to cancel/ modify the order. However, once the order has been shipped we will not be able to cancel or modify it. We offer returns and exchanges for orders damaged in transit or if you have received an incorrect item(s). In case of a damaged package/ incorrect item(s), please contact us within 3 days of receipt of the order along with a photograph of the product. Please note that to be eligible for a return, you must return the item(s) unused and in the same condition that you received it, in its original packaging, along with the invoice. Our courier partner will collect the order from the address provided by you and will get it back to us. Refunds shall not be provided if: a) The products are returned in a used or damaged condition. b) Incorrect or outdated delivery address. Incorrect address format including any form of a PO Box address. d) After 3 failed delivery attempts by our respective courier agent. e) Package refused by the recipient.
14. SITE AND APP SECURITY
You are prohibited from violating or attempting to violate the security of the Enercent Devices, Website and App, including, without limitation, a) Accessing data not intended for you or logging onto a server or an account, which you are not authorized to access. b) Attempting to probe, scan or test the vulnerability of a system, network or breach security or authentication measures without proper authorization. c) Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the site, overloading, and "flooding," "spamming," "mailbombing" or "crashing." d) Sending unsolicited emails, including promotions and/or advertising of products or services. e) Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting Violations of system or network security may result in civil or criminal liability. Enercent will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this site and app or any activity being conducted on this site and app. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this site and app other than the search engine and search agents available on this site and other than generally available third party web browsers.
Each Party shall comply with privacy laws, to the extent applicable to such party’s performance of its respective obligations under this Agreement. Enercent disclaims all liability for damages to the extent arising from: (i) the failure of services provided by third parties; (ii) the disclosure or dissemination of information during transmission to and from any hosted Services; and (iii) delays or errors related to any hosted Services caused by systems or components not owned by Enercent.
15. USER REPRESENTATIONS
Your use of the Enercent Devices, Website and App is at your sole risk. The Enercent Devices, Website, Apps and the information, services, products, programs and materials available through it are provided on an "as is" and "as available" basis. To the fullest extent permissible pursuant to applicable law, Enercent and its affiliates expressly disclaim all warranties of any kind whether express or implied, including but not limited to any warranties of title, or implied warranties of merchantability, fitness for a particular purpose and non-infringement. Enercent does not make any warranty that (a) the Enercent Devices, Website and App will meet your requirements, or (b) that the Enercent Devices, Website and App or service will be uninterrupted, timely, secure, or error free, or (c) the quality of any products, services, information, or other material purchased or obtained by you through the site and app will meet your expectations, or (d) that defects, if any, will be corrected, or (e) there will be no unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, or (f) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our services by any third party. You agree that Enercent shall have no responsibility for any damages suffered by you in connection with the Enercent Devices, Website and App or any content contained therein. You expressly agree that use of the Enercent Devices, Website and App, including all content, data or software distributed by, downloaded or accessed from or through the Enercent Devices, Website and App, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business or your computer system or loss of data that results from the use of the Enercent Devices, Website and App. Prices and products may change at Enercent’s discretion. All products and information displayed on enercent.co constitute an invitation to offer. Your order for purchase constitutes your offer, which shall be subject to the terms and conditions as listed herein. We reserve the right to accept or reject your offer in part or in full. Our acceptance of your order will take place upon dispatch of the product(s) ordered. Dispatch of all the product(s) ordered, may or may not happen at the same time, in such a scenario that portion of the order which has been dispatched will be deemed to have been accepted by us and the balance would continue to be on offer to us and we reserve the right to accept or reject such balance order. No act or omission of Enercent prior to the actual dispatch of the product (s) ordered will constitute acceptance of your offer. If you have provided us with your email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm dispatch and therefore acceptance of the order.
All products are subject to availability. We reserve the right to limit the quantity of products we supply, supply only part of an order or to divide up orders. We will inform you if we are unable to fill your order. Prices on the website are subject to change without notice and can vary from time to time.
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to
any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third- Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
18.REVIEWS, FEEDBACK, SUBMISSIONS
All reviews, comments, feedback, postcards, suggestions, ideas and other submissions disclosed, submitted or offered in connection with your use of the Enercent Devices, Website and App will be and remain the property of Enercent. Such disclosure, submission or offer of any comments shall constitute an exclusive irrevocable and perpetual assignment to Enercent of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the comments or reviews. You agree and confirm that any comments submitted by you to the website and app will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s) and will not cause injury to any person or entity. You further agree that no comments submitted by you to the website will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass emails or any form of spam.
You grant Enercent the right to use the name that you submit in connection with any comments, reviews etc. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any comments you submit. You are and shall remain solely responsible for the content uploaded by you and you further agree to keep indemnified Enercent and its affiliates for all claims resulting from any content submitted by you. Enercent and its affiliates are not responsible nor assume any liability for any content submitted by you or any third party.
19.INDEMNITY AND LIMITATION OF LIABILITY
Under no circumstances including, without limitation, its own negligence, shall Enercent or its parents, subsidiaries, officers, employees, affiliates, directors, agents, suppliers, or any other party involved in creating, producing, transmitting, or distributing Enercent or related products and services be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other tangible and intangible losses (even if Enercent has been advised of the possibility of such damages), resulting from: (a) the use or inability to use the Enercent Devices, Website and App (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Enercent Devices, Website and App; (c) unauthorized access to or alteration of your transmissions or data; or (d) any other matter relating to the Enercent Devices, Website and App. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you. In such jurisdictions, liability is limited to the fullest extent permitted by law. While Enercent has taken all due care in ensuring the safety of its users in relation to use of its Devices, Website and App, however you agree to indemnify Enercent against any loss or damage arising out of the use or misuse of the Enercent Devices, Website and App in any manner, including loss of data, property or life
20.DISCLAIMER AS TO OWNERSHIP OF TRADEMARKS, IMAGES OF PERSONALITIES AND THIRD PARTY COPYRIGHT
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party products, services and/ or locations featured on this Website are in no way associated, linked or affiliated with Enercent and you should not rely on the existence of such a connection or affiliation. Any trademarks/ names featured on this Website are owned by the respective trademark owners.
12.1 Force Majeure. Neither Party will incur any liability to the other Party on account of any loss or damage resulting from any delay or failure to perform all or any part of this Agreement if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the reasonable control and without negligence of the Parties. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, riots, acts of war, earthquakes, fire and explosions, but the inability to meet financial obligations is expressly excluded.
This User Agreement is effective unless and until terminated by either you or Enercent. You may do so by (i) not accessing the Enercent Devices, Website and App; or (ii) closing your accounts for all of the Services that you use, where Enercent has made this option available to You. We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website and App. Such termination will be without any liability to Enercent and will not affect any provisions relating to pay dues. Our right to any Comments shall survive any termination of this User Agreement. Any such termination of this User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or App or affect any liability against you that may have arisen under the User Agreement.
23.GOVERNING LAW AND JURISDICTION
This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Bangalore shall alone have exclusive jurisdiction in any proceedings arising out of this agreement.
24.MODIFICATION OF TERMS AND CONDITIONS OF SERVICE
Enercent reserves the right at any time to modify the terms and conditions of this User Agreement without any prior notification to you. You can access the latest version of the User Agreement at any given time on enercent.co