User Agreement

This User Agreement forms the terms and conditions for the use of services and products of Mogli Labs (India) Private Limited, and its subsidiaries/affiliates (hereinafter “MOGLIX SOLAR / MOGLIX”).

Any person ("User") who inquires about or purchases any products or services of MOGLIX through its websites, sales persons, offices, call centers, agents etc. (all the aforesaid platforms collectively referred to as “Sales Channels”) agree to be governed by this User Agreement.

Both User and MOGLIX are individually referred to as ‘Party’ and collectively referred to as ‘Parties’ to the User Agreement.

“Terms of Service” available on MOGLIX's website details out terms & conditions applicable on various services or products facilitated by MOGLIX.

The User must possess the legal authority to enter into an agreement so as to become a User and use the services of MOGLIX.

Before using the Website, approaching any Sales Channels or procuring the services of MOGLIX, the Users shall compulsorily read and understand this User Agreement, and shall be deemed to have accepted this User Agreement as a binding document that governs the User's dealings and transactions with MOGLIX. If the User does not agree with any part of this Agreement, then the User must not avail MOGLIX's services and must not access or approach the Sales Channels of MOGLIX.

MOGLIX's services can only be availed by those individuals or business entities, including sole proprietorship firms, companies and partnerships, which are authorised under applicable law to form legally binding agreements. As such, natural persons below 18 years of age and business entities or organisations that are not authorised by law to operate in India or other countries are not authorised to avail or use MOGLIX's services. User(s) further agree and consent to be contacted by Moglix through phone calls, SMS notifications or any other means of communication, in respect of the services provided by Moglix even if the contact number(s) provided to Moglix upon registration are on the “Do Not Call Registry”.

User(s) agree to abide by the User Agreement and any other rules and regulations imposed by the applicable law from time to time. MOGLIX or the website shall have no liability to the User(s) or anyone else for any content, information or any other material transmitted over the Website services, including any fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material, and the risk of damage from such material rests entirely with each User. The User shall do its own due diligence before entering into any transaction with other users on the Website. MOGLIX at its sole discretion reserves the right to refuse MOGLIX's services to anyone at any time. MOGLIX's services are not available and may not be availed or used by User(s) whose accounts have been temporarily or indefinitely suspended by MOGLIX.

All rights and liabilities of the User and MOGLIX with respect to any services or product facilitated by MOGLIX shall be restricted to the scope of this User Agreement.

By signing up or by using the Website or the Sales Channel in any way, you consent to, and agree to comply with, all the terms in this User Agreement.

Except as otherwise expressly permitted in this User Agreement, you agree that you will not give access to, forward, display, post or distribute any part of the content to any individuals, persons or companies. You agree that you will not use the Sales Channel to forward, display, post or distribute any part of the content or suggestions for improvement to any public website including but not limited to YouTube, Facebook, Twitter or similar websites.

User agrees to follow all instructions provided by MOGLIX which will prescribe the way such User may use the Content.

There are a number of proprietary logos, service marks and trademarks displayed on the Website and through other Sales Channels of MOGLIX, as may be applicable. MOGLIX does not grant the User a license, right or authority to utilize such proprietary logos, service marks, or trademarks in any manner. Any unauthorized use of the Content will be in violation of applicable law including intellectual property rights.

While registering on the Website, the User will have to choose a password to access that User's account, and the User shall be solely responsible for maintaining the confidentiality of both the password and the account as well as for all activities on the account. It is the duty of the User to notify Moglix immediately in writing of any unauthorized use of their password or account or any other breach of security. Moglix will not be liable for any loss that may be incurred by the User as a result of unauthorized use of the password or account, either with or without the User's knowledge. The User shall not use anyone else's account at any time.

User understands that any information provided to this Website may be read or intercepted by others due to any breach of security at the User's end.

Moglix keeps all financial data in relation to any card or bank information secured and in encrypted form, in compliance with applicable laws and regulations. However, for cases of fraud detection, offering sale on credit (finance) etc., Moglix may at times verify certain information of its Users, like their credit score, as and when required.

Moglix adopts the best industry standards to secure the information provided by the User. However, MOGLIX cannot guarantee that there will never be any security breach of its systems which may have an impact on User information too.

The data of the User as available with MOGLIX may be shared with concerned law enforcement agencies for any lawful or investigation purpose without the consent of the User.

Moglix is the sole owner and the lawful licensee of all the rights to the Website and its content ("Website Content"). "Website Content" means the manner in which the design, layout, text, images, graphics, sound, video etc. are made available on the Website. The Website Content embodies trade secrets and other intellectual property rights protected under worldwide copyright and other applicable laws pertaining to intellectual property. All title, ownership and intellectual property rights in the Website and the Website Content shall remain with Moglix, or the licensors of the Website Content, as the case may be.

All rights not otherwise claimed under this User Agreement by Moglix are hereby reserved. Any information or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the Website, or any offer displayed on or in connection with any service offered on the Website ("Website Information"), is intended solely to provide general information for the use of the User(s), who fully accept any and all responsibility and liabilities arising from and out of the use of such information. Moglix does not represent, warrant or endorse in any manner the accuracy or reliability of Website Information, or the quality of any products obtained by the User(s) as a result of any Website Information.

The Website Information is provided “as is” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of the Website Information, and without warranty of any kind, express or implied, including but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing contained in this User Agreement shall, to any extent, substitute for the independent investigations and the sound technical and business judgment of the User(s). In no event shall Moglix be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to Moglix's services. User(s) hereby acknowledge that any reliance upon the Website Information shall be at their sole risk, and further understand and acknowledge that the Website Information has been compiled from publicly aired and published sources. Moglix respects the rights of such entities and cannot be deemed to be infringing on the respective copyrights or businesses of such entities. Moglix reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any errors or omissions in, any portion of the Website Information.

"Moglix" and related icons and logos are registered trademarks or trademarks or service marks of Moglix in various jurisdictions and are protected under applicable copyright, trademark and other proprietary and intellectual property rights laws. The unauthorized adoption, copying, modification, use or publication of these marks is strictly prohibited.

All Website Content including Website Information is copyrighted to Moglix, excluding any third-party content and any links to third-party websites made available or contained on the Website. User(s) may not use any trademark, service mark or logo of any independent third parties without prior written approval from such parties.

User(s) acknowledge and agree that Moglix is not an arbiter or judge of disputes concerning intellectual property rights and, as such, cannot verify that User(s) selling or supplying merchandise or providing services on the Website have the right to sell the merchandise or provide the services offered by such User(s). Moglix encourages User(s) to assist Moglix in identifying listings on the Website which, in the User(s)'s knowledge or belief, infringe their rights. User(s) further acknowledge and agree that by taking down a listing, Moglix does not and cannot be deemed to be endorsing a claim of infringement, and further that in instances where Moglix declines to take down a listing, Moglix does not and cannot be deemed to be endorsing that the listing is non-infringing of third party rights, or endorsing any sale or supply of merchandise or services pursuant to or on account of such listing.

Moglix respects the intellectual property rights of others, and we expect our User(s) to do the same. User(s) agree not to copy, download or reproduce the Website Content, Website Information or any other material, text, images, video clips, directories, files, databases or listings available on or through the Website ("Moglix Content") for the purpose of re-selling or re-distributing, mass mailing (via email, wireless text messages, physical mail or otherwise), operating a business competing with Moglix, or otherwise commercially exploiting the Moglix Content. Systematic retrieval of Moglix Content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Moglix is prohibited.

In addition, use of the Moglix Content for any purpose not expressly permitted in this User Agreement is prohibited and entitles Moglix to initiate appropriate legal action. User(s) agree that, as a condition of their access to and use of Moglix's services, they will not use Moglix's services to infringe the intellectual property rights of any third parties in any way. Moglix reserves the right to terminate the right of any User(s) to access or use Moglix's services for any infringement of the rights of third parties in conjunction with use of Moglix's services, or in the event Moglix is of the view that a User's conduct is prejudicial to the interests of Moglix, its affiliates, or other User(s), or for any other reason, at Moglix's sole discretion, with or without cause.

The Website is operated by Moglix for the sale, supply and facilitation of solar products, equipment and allied services. Moglix may, depending on the transaction, act as a seller, manufacturer, supplier or service provider, including for products manufactured by Moglix or its group entities, or may facilitate transactions between Buyers and independent third-party Sellers.

Where Moglix is the seller, manufacturer or service provider, the transaction shall constitute a direct contractual arrangement between Moglix and the Buyer, and Moglix shall be responsible for the obligations expressly undertaken by it under the applicable quotation, purchase order, invoice, warranty or other contractual document.

Where the transaction is between a Buyer and an independent third-party Seller, the commercial and contractual terms, including price, delivery, payment, warranties and after-sales services, shall be agreed between such Buyer and Seller. Moglix shall not be responsible for the performance or breach of such third-party contract, except to the extent of any obligation expressly undertaken by Moglix or liability arising from its own acts or omissions.

Moglix does not warrant the quality, title, availability or performance of products or services supplied by independent third-party Sellers, and Buyers are advised to independently verify such Sellers.

Nothing herein shall exclude or limit any liability of Moglix arising from its own products, services, representations, warranties, acts or omissions, or any liability that cannot be excluded under applicable law.

Moglix aims to ensure that prices of all products offered for sale are true and correct. However, from time to time, the prices of certain products may not be current or may be inaccurate on account of technical issues, typographical errors or incorrect product information provided to Moglix by third-party sellers. In each such case, notwithstanding anything to the contrary, Moglix reserves the right to cancel the order without any further liability.

Subject to the foregoing, the price mentioned at the time of ordering a product shall be the price charged at the time of delivery, provided that no product offered for sale on the Website will be sold at a price higher than its MRP (maximum retail price).

You release and indemnify Moglix and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website, and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Moglix cannot take responsibility for or control the information provided by other Users which is made available on the Website. You may find other Users' information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.

All product discounts and offers are by the Suppliers and not by the Company. From time to time, the Company may conduct various types of marketing and promotional campaigns which may include offers, discounts and other promotional offers to be used on the Website. Such offers shall be subject to terms and conditions solely determined by the Company, and the terms of such discounts and offers may vary for customers based on factors relating to the customer such as usage of the platform, volume of transactions, time spent on the platform, city, place of residence, time, etc.

Moglix reserves the right to void, discontinue, cancel or reject the use of any offers, discounts or promotional offers without any prior intimation. The offers, discounts and promotional offers may be changed or amended from time to time. It is your responsibility to review and comply with the terms and conditions governing the offers, discounts and other promotional offers provided on the Website. The offers, discounts and promotional offers cannot be exchanged for cash and can only be availed in accordance with the terms and conditions of the offers, unless otherwise communicated.

Subject to Moglix's cancellation and/or return, refund and replacement policy, if the User: (i) cancels any product which is subject to any promotion, offer or discount; or (ii) returns any product purchased which is subject to any promotion, offer or discount, the User will be eligible to receive only the refund of the amount paid by the User on the purchase of such product. In the event any product is cancelled or returned in accordance with Moglix's Cancellation and/or Return, Refund and Replacement Policy, then save and except as provided herein, any offer, promotion or discount applied to such product shall be forfeited. We and/or the Seller shall have no liability with respect to the offers, discounts and promotional offers on the Platform.

Users may request a return or exchange of products purchased through the Website, subject to the applicable return/exchange window, product-specific terms and this policy. Products specifically identified as “non-returnable” shall not be eligible for return, except where required under applicable law or in case of a damaged, defective or incorrect product, subject to applicable terms.

Return or exchange eligibility and applicable conditions shall be as specified on the relevant product page, invoice, order terms or this policy. Where a product is supplied by an independent third-party Seller, the applicable return, exchange, warranty and after-sales obligations shall be subject to the terms specified by such Seller. Where the product is sold or supplied by Moglix, the applicable Moglix terms shall apply.

Any services that have been fully or partially rendered, performed or availed by the User shall be non-refundable and no refund shall be claimed in respect thereof, except where otherwise expressly agreed in writing or required under applicable law. Where a product is supplied as part of a package, bundle or with a free product, return of the principal product may require return of the entire package or free product, as applicable. In circumstances where you return an extra or a different product, Moglix will not be accountable for misplacement or replacement of such product and will not be responsible for its delivery back to you.

If a User receives any product that meets the criteria below, the User is eligible for return/exchange:

• Product is used/altered/defective.
• Physical/in-transit damage to the product.
• Branded product received with seal opened.
• Empty packet or missing items/accessories.
• Significant difference found compared to the product as shown on the Moglix website.
• Wrong product sent.

For products purchased through Moglix, the User shall raise a return/exchange request within 7 days of product delivery. In case the product is damaged or the wrong item has been sent, the User shall raise the request within 48 hours of product delivery.

The User must share a video with the Moglix Customer Care team while opening the package in case of an empty package/quantity issue, along with photographs (exterior image of the box from all sides, interior image with packaging, damaged product image, image of the shipping label) with the Moglix Customer Care team in case of a damaged or wrong product (videography is highly appreciated), within 48 hours of delivery. For industrial goods, returns will be accepted only in case of a wrong, defective or damaged product, and for faulty electronic products, the customer needs to contact the nearest service centre for repair/replacement.

Prior to creating a return or exchange request, the User shall ensure that the product being returned or exchanged:

• is in its original condition with all packaging including the brand/manufacturer's box/packaging, tags, warranty cards and other accessories intact;
• is not damaged in the User's possession;
• is unused, unwashed, unsoiled, without any stains and with non-tampered quality-check seals/return tags/warranty seals (wherever applicable);
• has not been used or altered;
• is the same product that was delivered to the User; and
• is returned within the return window specified against the product on the product detail page.

The Users acknowledge and agree that the Company may, at the request of the Supplier, act as the payment agent for the limited purpose of accepting payments on behalf of such Suppliers. The Users understand, accept and agree that the payment facility provided by the Company is neither a banking nor financial service but is merely a facilitator providing a third-party payment processor for transactions on the Website. Further, by providing the payment facility, the Company is neither acting as a trustee nor acting in a fiduciary capacity with respect to the transaction or the transaction price. The Company will not be liable for any charges made by the User's bank in relation to payment of the total amount.

In connection with any order, information such as name, billing address and credit card information may need to be provided either to the Company or the third-party payment processor. If Users are directed to the third-party payment processor, they may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. Users are requested to review such terms and conditions and privacy policy before using the Website. All business Users providing billing information, delivery address or other contact information of their end user/consumer to the Company or other delivery service provider shall ensure that they have the necessary consents and approvals from the respective end user/consumer as may be required under applicable law.

The Company merely collects payment on behalf of the Supplier; all applicable taxes and levies, the rates thereof and the manner of applicability of such taxes are to be charged and determined by the Supplier. The Company holds no responsibility for the legal correctness/validity of the levy of such taxes. Sole liability with respect to any legal issue arising on taxes payable shall be with the Supplier. Where the transaction is bilateral between Suppliers and Users, and/or between Resellers and end users/consumers ("User Transactions"), the Company is not liable to charge or deposit any taxes applicable on such transactions.

The Website may contain links to third-party websites. MOGLIX does not control such websites and is not responsible for their contents. If a User accesses any third-party website, the same shall be done entirely at the User's risk and MOGLIX shall assume no liability for the same.

MOGLIX is not responsible for any errors, omissions or representations on any of its pages, links or any linked website pages, to the extent such information is updated or provided directly by the Service Providers or the advertisers.

MOGLIX does not endorse any advertisers on its Website, or any linked sites, in any manner. Users are requested to verify the accuracy of all information provided on third-party web pages.

The linked sites are not under the control of MOGLIX, and hence MOGLIX is not responsible for the contents of any linked site(s) or any further links on such site(s), or any changes or updates to such sites. MOGLIX provides these links to Users only as a convenience.

The features and services on the Website are provided on an "as is" and "as available" basis, and Moglix hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded. Moglix makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability or completeness of any information provided on or through the Website. Moglix does not represent or warrant that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Website does not violate any Third Party Rights, and Moglix makes no representations or warranties of any kind concerning any product or service offered or displayed on the Website. Any material downloaded or otherwise obtained through the Website is at the User's sole discretion and risk, and the User is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by the User from or through the Website shall create or be deemed to create any warranty not expressly stated herein.

Under no circumstances shall Moglix be held liable for any delay, failure or disruption of the content or services delivered through the Website resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation internet failures, computer, telecommunications or other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, Acts of God, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

User(s) hereby agree to indemnify and hold Moglix, its affiliates, directors, officers and employees harmless from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from their use of the Website (including but not limited to the display of User(s)' information on the Website), from any breach of the terms and conditions of this Agreement, or from any breach of representations and warranties made by the User(s) to Moglix.

User(s) hereby further agree to indemnify and hold Moglix, its affiliates, directors, officers and employees harmless from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Website. Moglix is not responsible and shall have no liability for any material posted by other User(s) or any other person, including defamatory, offensive or illicit material, and the risk of damage from such material rests entirely with the User(s). Moglix reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by any User(s), in which event such User(s) shall cooperate with Moglix in asserting any available defences.

Moglix shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, or loss of information), whether in contract, negligence, tort, strict liability or otherwise, arising from any of the following:

• the use of, or the inability to use, the Website;
• any defect in goods, samples, data, information or services purchased or obtained from a User or a third-party service provider through the Website;
• violation of Third Party Rights, or claims or demands that a User's manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Website may violate, or may be asserted to violate, Third Party Rights, or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
• unauthorized access by third parties to data or private information of any User; or
• statements or conduct of any User of the Website.

MOGLIX at its sole discretion reserves the right to not accept any request without assigning any reason thereof.

In addition to other remedies and recourse available to MOGLIX under this User Agreement or under applicable law, MOGLIX may limit a User's activity, warn other users of a User's actions, immediately suspend or terminate a User's registration, or refuse to provide a User with access to the Website if:

• the User is in breach of this User Agreement;
• MOGLIX is unable to verify or authenticate any information provided by the User; or
• MOGLIX believes that the User's actions may infringe on any third-party rights or breach any applicable law, or otherwise result in any liability for the User, other users of MOGLIX, or MOGLIX itself.

Once a User has been suspended or terminated, such User shall not register or attempt to register with MOGLIX with different credentials, or use the Website in any manner whatsoever, until such User is reinstated by MOGLIX. MOGLIX may at any time in its sole discretion reinstate suspended users. If a User breaches this User Agreement, MOGLIX reserves the right to recover any amounts due to be paid by the User to MOGLIX, and to take appropriate legal action as it deems necessary. The User shall not write or send any content to MOGLIX, or communicate with MOGLIX using language or content, which is:

• abusive, threatening, offensive, defamatory, coercive, obscene, belligerent, glorifying violence, vulgar, sexually explicit, pornographic, illicit or otherwise objectionable; or
• contrary to any applicable law, in violation of third parties' intellectual property rights, spam, or in breach of any other part of these terms and conditions of use.

If a User violates any of the aforesaid terms, MOGLIX shall be at liberty to take appropriate legal action against the User.

The User expressly undertakes to provide MOGLIX with correct and valid information while making use of the Website under this User Agreement, and not to make any misrepresentation of facts. Any default on the part of the User would disentitle the User from availing the services of MOGLIX.

In case MOGLIX discovers or has reason to believe, at any time during or after receiving a request for services from the User, that the request for services is unauthorized or that the information provided by the User is not correct or that any fact has been misrepresented by that User, MOGLIX shall be entitled to appropriate legal remedies against the User, including cancellation of the product, without any prior intimation to the User. In such an event, MOGLIX shall not be responsible or liable for any loss or damage that may be caused to the User or any other person as a consequence of such cancellation of products/services.

The User shall not hold MOGLIX responsible for any loss or damage arising out of measures taken by MOGLIX to safeguard its own interests and those of its genuine customers. This includes MOGLIX denying or cancelling any products on account of suspected fraudulent transactions.

This Agreement and the Privacy Policy shall be governed in all respects by the laws of India. Moglix considers itself and intends itself to be subject to the courts of New Delhi, India only. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of New Delhi.

Headings for any section of this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

Moglix's failure to enforce any right, or failure to act with respect to any breach by a User under this Agreement and/or the Privacy Policy, will not be deemed to be a waiver of that right or of the right to act with respect to subsequent or similar breaches.

Moglix shall have the right to assign its obligations and duties under this Agreement and any other agreement relating to Moglix services to any person or entity.

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions of the Agreement shall be enforced.

All calls to Moglix are completely confidential. However, your call may be recorded to ensure quality of service. Further, for training purposes and to ensure excellent customer service, calls from Moglix may be monitored and recorded.

Abhi Dasgupta is the designated Grievance Officer in respect of Moglix services. Any complaints or concerns with regard to any content of the said services, or any breach of this Agreement or the Privacy Policy, can be directed to the designated Grievance Officer in writing at Mogli Labs (India) Private Limited, Plot No 17, 2nd Floor, Sector-44, Gurugram – 122003, Haryana, India, or through an email signed with the electronic signature sent to compliance@moglix.com.

Personal information supplied by User(s) during the use of the Website is governed by Moglix's Privacy Policy.