Terms And Conditions

TERMS AND CONDITIONS FOR REMOTE MONITORING OF SOLAR WATER PUMP; SOLAR POWER SYSTEMS BETWEEN, VISTAR ELECTRONICS PVT LTD-& USER/USERS.
Definitions: Vistar Electronics Pvt. Ltd. Hereinafter called “VEPL “ is a registered Private Limited Company registered in India, under the Companies’ Act. A User can be an individual, Authorized representative of a Company, Organisation, who is desirous of Monitoring it’s Solar Water Pump/Solar PV system hereinafter called as a “User”.
1. Introduction.

These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions. This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor.

2. Intellectual Property Rights.

Other than content you own, which you may have opted to include on this Website, under these Terms, [VEPL] and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website,

3. Restrictions.

You are expressly and emphatically restricted from all of the following:

1. publishing any Website material in any media;

2. selling, sublicensing and/or otherwise commercializing any Website material;

3. publicly performing and/or showing any Website material;

4. using this Website in any way that is, or may be, damaging to this Website;

5. using this Website in any way that impacts user access to this Website;

6. using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;

7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;

8. using this Website to engage in any advertising or marketing;

Certain areas of this Website are restricted from access by you and [VEPL] may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.

4. Your Content.

In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant [VEPL] a non-exclusive, worldwide, irrevocable, royalty-free, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. Your Content must be your own and must not be infringing on any third party’s rights.[VEPL] reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.

5. No warranties.

This Website is provided “as is,” with all faults, and [VEPL] makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.

6. Limitation of liability.

In no event shall [VEPL], nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and [VEPL], including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

7. Indemnification.

You hereby indemnify to the fullest extent [VEPL] from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

8. Severability.

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

9. Variation of Terms.

[VEPL] is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website

10. Assignment.

[VEPL] shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, .you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

11. Entire Agreement.

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between [VEPL] and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

12. Governing Law & Jurisdiction.

These Terms will be governed by and construed in accordance with the laws of the State of [MAHARASHTRA], and you submit to the non-exclusive jurisdiction of the state and federal courts located in [MAHARASHTRA] for the resolution of any disputes

SPECIFIC TERMS AND CONDITIONS
  • A user desiring to monitor his/their solar water pumps needs to register at the web site http://vistarelectronics.in. for the Purpose of remote monitoring of his device data as per the specifications given on the web site.

  • User is responsible to submit his Authentic and true credentials as per format to be filled in.

  • User is required to make payment for the services of remote monitoring of his designated solar water pumps, solar PV systems from time to time as per the schedule of rates, which shall be notified to the user against his/her inquiry form.

  • User may arrange his/her own sim card for collecting and transferring the data pertaining to his solar water Pump/ PV system under monitoring.

  • VEPL is only responsible for the collecting the data via it’s supplied Remote Monitoring unit RMU,using the available cellular network (at least 2G) from the location of the Solar Pump installed by the user.The operation,maintenance, use and performance of the Pump is the sole responsibility of the “User”.

  • The registered User is responsible to periodically collect and down load the data pertaining to the assigned Solar Pumps of the User/s under monitoring. VEPL shall make available such data on it’s web site.

  • User is responsible to make payments for the services, as per the Invoice raised by VEPL from time to time.

  • A User may allocate /assign upto 5 solar water Pumps, located at different installation sites; after his site survey to determine that at the remote site cellular network is available, and data monitoring is feasible. Beyond 5 nos of Pump, it is advised that a second user is created by the Company desirous to Monitor the additional solar water Pumps of his/their choice.

  • User is responsible to ensure that Un Authorized use of the SIM card when supplied by VEPL is at all times prevented and avoided. In case of any evidence of tampering with /misuse of the SIM card provided by VEPL, User must immediately notify in writing followed by e-mail to stop Monitoring of a device and also Notify the service Provider.

  • Where possible , on a specific request, VEPL shall periodically save data captured for a User as a back up. Such data shall be sent to the registered mail address given by the user.

  • By registering on the web site, a USER is deemed to have read, accepted, and understood the above Terms and conditions.

  • Warrantee issues on Hardware supplied. Remote monitoring unit as per specifications on the web site is warranteed against manufacturing defects for a period of 01 year from installation/ 15 months from date of supply whichever is earlier. All goods found defective during warrantee period shall be repaired/replaced at Vistar Electronics Pvt. Ltd. Pune service center. The cost of transportation, delivery and re dispatch is borne by user.

  • When sim card is provided by Vistar Electronics Pvt Ltd. To a user, the security of the sim card is user’s responsibility. For such SIM cards with a pre-paid plan VEPL is responsible to make payment to the Service provider. VEPL shall be recovering these rental charges in advance as per Invoice that shall be raised on the User.

  • In case of any excess use over the Plan use ( for example 1000/3000 SMS/month) any extra sms sent/generated shall be billed by the service provider and same shall be payable by the user. This additional usage over the plan usage shall be billed by VEPL as past dues in the next month’s invoice.

  • User is responsible to maintain his user ID and pass word details on his own.