1.1 We are a technology platform empowering industrial businesses to reduce their carbon footprint and contribute to a sustainable future. We, inter alia, aim to assist industrial companies manage “Green House Gas” or “GHG” emissions of their own operations, of their suppliers (scope 3), and at the holding company level through our various products (“Services”).
(a) “Company Content” shall mean and include material/ content in the form of text, images, video, graphics, audio-visual works, and any other work or material available through, contained in, displayed at, communicated through, reproduced at or by the Platform; or any material/ content in relation to the Services; that is owned by or licensed to the Company. Further, it also includes the design, structure, selection, coordination, expression, look, feel and arrangement of the Platform.
(b) “Force Majeure Event” shall mean any event that is beyond the Company’s reasonable control and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, pandemic, epidemic, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer, computer system or computer network, computer crashes, breach of security and encryption (provided they are beyond our reasonable commercial control), power or electricity failure or unavailability of adequate power or electricity.
(c) “User” or “you” or “your” shall refer to person(s) (individual(s) or entity/ies) who access and/ or use our Platform and/ or our Services; and also includes any customers/ subscribers who have subscribed to our Services by executing the subscription services agreement (hereinafter, “Subscription Services Agreement”).
- Terms Of Access
3.1 You represent and warrant that all the information you provide in connection with your account created with the Company, where applicable, is accurate, and it is your responsibility to ensure the accuracy of all such information, at all times.
3.2 Your account with us is personal to you, and you may not share your account information with, or allow access to your account by, any third party. You will be responsible for all activity that occurs under your account credentials, and you agree to use best efforts to prevent unauthorized access to or use of the Services and to preserve the confidentiality of your account credentials.
3.3 If you have any reason to believe that there is any breach of secrecy with regard to your account or that your account has been accessed by a third party, you should notify us immediately.
- Company Rights
- User Content
5.1 You are solely responsible for any and all content you display on, or transmit via or upload on the Platform or otherwise send to us by any other means, and the Company disclaims all liability and responsibility even if the Company enables you to upload such content onto the Platform and/ or to otherwise transmit it to us. By submitting content to us, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods (now known or later developed) and to associate your content with you, in connection with the Services.
5.2 Users are not permitted to upload, transmit, distribute or otherwise publish through the Platform or transmit to us, any content or comments which inter alia are, and/ or could be considered, to:
(a) be defamatory, obscene, threatening, invasive of privacy, infringing intellectual property rights, proprietary rights, publicity rights or any other rights;
(b) be abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offence, violate the rights of any party, or that would otherwise give rise to liability or violate any law; or
(c) contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
- Use Of Platform/ Services
6.2 You agree not to access (or attempt to access) the Platform and/ or our Services by any means other than through the interface that is provided by us. You shall not copy, distribute, upload, publish, modify, translate, broadcast, display, sell, transmit or retransmit any Company Content or anything subject to our rights or create any derivative work and/ or content based on any content or rights which is not owned by you or interfere with, or circumvent any right(s) associated with the Company.
6.4 We may provide you with access to third-party tools which we neither monitor nor over which we have any control or input. You acknowledge and agree that we provide access to such tools ‘as is’ and ‘as available’ without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of such third-party tools. Any use by you of such third-party tools offered by us through the Platform or otherwise, is entirely at your own risk and discretion; and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
Indemnification & Disclaimers
7.2 You acknowledge that the Platform and/ or the Services is made available on an “as-is” basis. We do not guarantee, represent or warrant in any manner that your use of our Platform and/ or Services will be uninterrupted, timely, secure or error-free, or that the results that may be obtained from the use of the Platform and/ or Services will be accurate or reliable or effective in nature. You understand and accept that the reliance on the Platform and/ or Services is solely at your own judgement and risk. You should take all responsibility for your own actions in utilising the Platform and/ or Services, and we shall not be liable for any such action or consequence thereof.
7.3 The Company explicitly disclaims all warranties, express or implied, (whether direct or indirect, or pecuniary or otherwise) including, without limitation the implied warranties of merchantability, completeness and fitness for a particular purpose, for any errors or omissions therein, and for any results which may be/ are obtained/ obtainable in relation to the use of the Platform and/ or our Services, including non-infringement with respect to any Company Content. Further, no advice, course of conduct or information, whether oral or written, obtained by you from the Company or through the Platform shall create any warranty or liability onto the Company. The User agrees to such disclaimer of liability, and agrees that it is reasonable.
7.4 You further understand that when using the Platform and/ or our Services, you may be exposed to content from a variety of sources, and that Company is not responsible for the accuracy, usefulness, safety or intellectual property rights of, or relating to, such content on the Platform. The Company may, but is not obligated to, monitor or control the content. Any use or reliance on any content is at your own risk.
7.5 Each User explicitly agrees that under no circumstances shall the Company and/ or its employees, directors, shareholders, associates, licensors and/or affiliates be liable for any claims, charges, demands, damages, liabilities, losses, and expenses of whatever nature and howsoever arising, including, without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if any/all of them has/have been advised of the possibility of such damages or losses, arising out of or in connection with the use of the Platform and/ or the Services, any third-party products and services viewable at/ through Platform, or any third party site including any linked site or referred site.
7.6 Subject to the aforementioned clauses, the indemnification obligations of the Company, its affiliates, shareholders, employees, agents, officers, and directors (“Company Indemnifiers”) (regardless of the form of action, whether in contract, tort, or otherwise) for any claims by the Users/ subscribers, on account of any losses, liabilities, damages or expenses, shall be limited to the subscription fee equivalent to 3 (three) months paid by such Users/ subscribers preceding to the date giving rise to the claim or liability. In any event, they will need to be claimed within 30 (thirty) days of such issues arising onto the Users/ subscribers. In the event a User uses the Platform/Services without being required or obligated to pay the Company any monetary consideration or fees for availing such Services, the collective liability of the Company Indemnifiers, to any party (regardless of the form of action, whether in contract, tort, or otherwise), will not exceed INR 500 (Indian National Rupees Five Hundred).
- Representations And Warranties
8.1 You represent and warrant that:
(a) you are a person of legal age to form a binding contract, in accordance with the applicable laws of the territory/ country from where you are accessing/ using the Platform or our Services.
9.2 You hereby irrevocably understand that we reserve the right at our sole and exclusive discretion to deny/ cease your access to the Platform or Services, temporarily or permanently without liability but under intimation in writing, if:
(a) you access or use of Platform/ Services in an unauthorized manner;
(c) we are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful or upon receiving request for termination by law enforcement or other government agencies);
(d) we have elected to discontinue, with or without reason, your access to the Platform, Services, or any part thereof.
10.1 When you use the Platform or Services or send any content or communication to us, you agree and understand that you are communicating with us through electronic records, and you also consent to receiving communications via electronic records from us periodically and as and when required.
10.2 We will communicate with you by email and/or via the Platform, and/or mobile number available with us. The Company may, based on the nature of your transaction with us or your registration with us, contact the User, to give information about the Company’s offerings, products and/ or services, as well as notifications on various important updates and/ or to seek permission for demonstration of its products/ services. The User expressly grants such permission to contact him/ her/ it in this regard.
10.3 The Company shall be free to use any feedback you provide with respect to the Platform/ Services, on an unrestricted basis.
- Other Terms
11.4 Brand usage:
The Company shall be entitled to use the name/brand name, logo, image, and/or testimonials of the Users for the limited purposes of business development and investor information, with your consent. Further, we will also use them on our Platform, and in all our marketing communications and material, subject to you permitting us to do so.
11.5 Notices: Any notices, requests, demands or other communication required or permitted to be given under this arrangement shall be written in English and shall be delivered by email or internationally recognised courier service and properly addressed to the designated representative of each Party. Any notice, request, demand or other communication delivered to the Party to whom it is addressed as provided in this section shall be deemed to have been given and received, (i) if sent by internationally recognised courier service on the date on which it is received by the other party, as acknowledged by the courier service; and (ii) if sent by e-mail, the business day immediately after the date of transmission of the e-mail.
11.6 Conflict Resolution:
- Contact Us
If you have any questions, complaints or claims with respect to the Platform or our Services, please direct your correspondence to the e-mail address as given below.
We shall respond to and address all reasonable concerns or inquiries in a reasonable amount of time.