TERMS OF WEBSITE USE
Last updated: 26 November 2022
This website (Site) is operated by ENCRATE Private Limited, a company incorporated under the
Companies Act, 2013 having its registered office at SR. No-277/3/1 FL No(B) 103, NR Janardan,
Swami Ashram Road, Nimai Navshatra, Nashik-422003 (we, our, or us). It is available at
https://www.energycompany.in and may be available through other addresses or channels
Consent: By accessing and/or using our Site, you agree to these terms of use and our Privacy Policy(Terms). Please read these Terms carefully and immediately cease using our Site if you do not agree to them.
These Terms of Use (“Terms of Use”) have been drafted in accordance with the provisions of Rule 3
(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the
rules and regulations, privacy policy and Terms of Use for access or usage of www.energycompany.in
its subdomains, forums, and any other products, services and applications.
For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean
any natural or legal person who has agreed to become a user of the Website by providing
Registration Data while registering on the Website as Registered User using the computer systems.
This Website allows the User to surf the Website. The term “We”, “Us”, “Our” shall mean Company
Company reserves the right to refuse access to use the Services offered at the Website to new Users
or to terminate access granted to existing Users at any time without according any reasons for doing
so.
Use of the Website is available only to persons who can form legally binding contracts under Indian
Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian
Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website.
If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Company
website and shall not transact on or use the Website. As a minor if you wish to use or transact on
Website, such use or transaction may be made by your legal guardian or parents on the Website.
Company reserves the right to refuse You access to the Website if it is brought to Company’s notice
or if it is discovered that you are under the age of 18 years. By visiting Company Website or accepting
these Terms of Use, You represent and warrant to Company that You are 18 years of age or older,
and that You have the right, authority and capacity to use the Website and agree to and abide by
these Terms of Use. You also represent and warrant to the Company that You will use the Website in
a manner consistent with any and all applicable laws and regulations.
Company reserves the right to refuse access to use the Services offered at the Website to new Users
or to terminate access granted to existing Users at any time without according any reasons for doing
so
This Website allows the User to surf the Website. Your use of the Website and services and tools are
governed by the Terms of Use as applicable to the Website including the applicable policies which are
incorporated herein by way of reference. If You transact on the Website/ Application/forum, You shall
be subject to the policies that are applicable to the Website/application/ forum for such transaction. By
mere use of the Website/Applications/Forum, You shall be contracting with Company and these terms
and conditions including the policies constitute your binding obligations, with the
Website/Applications/Forum.
Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied
terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current
terms. Materials and information on this Site (Content) are subject to change without notice. We do
not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or
out-of-date.
Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide,
non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited
without our prior written consent. Company grants you limited rights to access and make personal use
of this Website/Applications/Forum, but not to download (other than page caching) or modify it, or any
portion of it. These rights do not include any commercial use of this Website/Applications/Forum or its
contents; any collection and use of any content, descriptions, or prices; any derivative use of this
Website/Applications/Forum or its contents; any downloading or copying of account information for the
benefit of a third-party; or any use of data mining, robots, or similar data gathering and extraction
tools.
Company does not charge any fee for browsing the Website. Company reserves the right to change
its Fee Policy from time to time. In particular, Company may at its sole discretion introduce new
services and modify some or all of the existing services offered on the Website. In such an event
Company reserves the right to introduce fees for the new services offered or amend/introduce fees for
existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and
such changes shall automatically become effective immediately after they are posted on the Website.
Unless otherwise stated, all fees shall be quoted in Indian Rupees.
Prohibited conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any
laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site
into disrepute, including (without limitation):
(a) anything that would constitute a breach of an individual’s privacy (including
uploading private or personal information without an individual’s consent) or any
other legal rights;
(b) using our Site to defame, harass, threaten, menace or offend any person;
(c) interfering with any user using our Site;
(d) tampering with or modifying our Site, knowingly transmitting viruses or other
disabling features, or damaging or interfering with our Site, including (without
limitation) using trojan horses, viruses or piracy or programming routines that may
damage or interfere with our Site;
(e) using our Site to send unsolicited email messages; or
(f) facilitating or assisting a third party to do any of the above acts.
Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way
that competes with our business.
Information: The Content is not comprehensive and is for general information purposes only. It does
not take into account your specific needs, objectives or circumstances, and it is not advice. While we
use reasonable attempts to ensure the accuracy and completeness of the Content, we make no
representation or warranty in relation to it, to the maximum extent permitted by law.
Intellectual Property rights: Unless otherwise indicated, we own or licence all rights, title and
interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site
and your use of and access to any Content does not grant or transfer to you any rights, title or interest
in relation to our Site or the Content. You must not:
copy or use, in whole or in part, any Content;
reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any
Content to any third party; or
breach any intellectual property rights connected with our Site or the Content, including
(without limitation) altering or modifying any of the Content, causing any of the Content to be
framed or embedded in another website or platform, or creating derivative works from the
Content.
User Content: You may be permitted to post, upload, publish, submit or transmit relevant information
and content (User Content) on our Site. By making available any User Content on or through our
Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free
licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license,
sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or
otherwise exploit such User Content on, through or by means of our Site.
You agree that you are solely responsible for all User Content that you make available on or
through our Site. You represent and warrant that:
you are either the sole and exclusive owner of all User Content or you have all rights, licences,
consents and releases that are necessary to grant to us the rights in such User Content (as
contemplated by these Terms); and
neither the User Content nor the posting, uploading, publication, submission or transmission
of the User Content or our use of the User Content on, through or by means of our Site will
infringe, misappropriate or violate a third party’s intellectual property rights, or rights of
publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve, and are not responsible for, any User Content. We may, at any
time (at our sole discretion), remove any User Content.
Third party sites: Our Site may contain links to websites operated by third parties. Unless expressly
stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on
those websites. You should make your own investigations with respect to the suitability of those
websites.
Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in
part. We may also exclude any person from using our Site, at any time and at our sole discretion. We
are not responsible for any Liability you may suffer arising from or in connection with any such
discontinuance or exclusion.
Warranties and disclaimers: To the maximum extent permitted by law, we make no representations
or warranties about our Site or the Content, including (without limitation) that:
(a) they are complete, accurate, reliable, up-to-date and suitable for any particular
purpose;
(b) access will be uninterrupted, error-free or free from viruses; or
(c) our Site will be secure.
You read, use and act on our Site and the Content at your own risk.
Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss,
damage or expense, howsoever arising, whether direct or indirect and/or whether present,
unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in
connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or
outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect,
incomplete or out-of-date.
Inbound Links. Linking to any page of the Web Site other than to https://www.energycompany.in
through a plain text link is strictly prohibited in the absence of a separate linkage agreement with The
Energy Company or any other suitable written, prior permission. Any website or other devices that link
to https://www.energycompany.in or any page available therein is prohibited from replicating
Content,using a browser or border environment around the Content,implying in any fashion that The
Energy Company or any of its affiliates endorse it or its products, misrepresenting any state of facts,
including its relationship with The Energy Company or any of the The Energy Company
affiliates,presenting false information about The Energy Company products or services, andusing any
logo or mark of The Energy Company or any of its affiliates, without express written permission from
The Energy Company
Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless,
against any Liability suffered or incurred by us arising from or in connection with your use of our Site
or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation,
independent from the other obligations under these Terms, and continues after these Terms end. It is
not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these
Terms.
Termination: These Terms are effective until terminated by us, which we may do at any time and
without notice to you. In the event of termination, all restrictions imposed on you by these Terms and
limitations of liability set out in these Terms will survive.
Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the
party claiming there is a Dispute must give written notice to the other party setting out the details of
the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by
their senior executives or senior managers (who have the authority to reach a resolution on behalf of
the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving
the Dispute by other means, in good faith. All aspects of every such conference, except the fact of
the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the
Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after
receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other
party) to litigation.
Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that
provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not
possible to read down a provision (in whole or in part), that provision (or that part of that provision) is
severed from these Terms without affecting the validity or enforceability of the remainder of that
provision or the other provisions in these Terms.
Jurisdiction: Your use of our Site and these Terms are governed by the laws of Karnataka. You
irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in
Karnataka and any courts entitled to hear appeals from those courts and waive any right to object to
proceedings being brought in those courts.
Our Site may be accessed throughout India and overseas. We make no representation that our Site
complies with the laws (including intellectual property laws) of any country outside India. If you
access our Site from outside India, you do so at your own risk and are responsible for complying with
the laws of the jurisdiction where you access our Site.
For any questions and notices, please contact us at:
Pratik Somani
pratik.somani@energycompany.in