When you use Topsunenergy.com, it is understood that the usage is subject to the notices, terms and conditions set forth in this agreement (the “Agreement”). In addition, when you use any topsunenergy.com service, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. Topsunenergy.com reserves the right to change these terms and conditions at any time. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
1) Use of the Website (“Site”)
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.
Subject to the terms and conditions of this Agreement, topsunenergy.com hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by topsunenergy.com in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by topsunenergy.com in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by topsunenergy.com in advance. topsunenergy.com reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if topsunenergy.com believes that customer conduct violates applicable law or is harmful to topsunenergy.com’s interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under Indian or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
topsunenergy.com may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and topsunenergy.com has no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify topsunenergy.com of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
2) Reviews and Comments
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide topsunenergy.com, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and non-proprietary, and topsunenergy.com shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of topsunenergy.com and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant topsunenergy.com the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by topsunenergy.com will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead topsunenergy.com or third parties as to the origin of any Submissions or Content. topsunenergy.com may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
3) Risk of Loss & Other Terms of Sale
The risk of loss and title for items purchased by you is passed to you upon topsunenergy.com’s delivery of the items to the carrier pursuant to topsunenergy.com’s standard terms of sale.
4) Termination and Effect of Termination
In addition to any other legal or equitable remedies, topsunenergy.com may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and topsunenergy.com shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
5) International Access
This Site may be accessed from countries other than India. This Site may contain products or references to products that are not available outside of India. Any such references do not imply that such products will be made available outside India. If you access and use this Site outside India you are responsible for complying with your local laws and regulations.
6) Disclaimer and Limitation of LiabilityEXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SALE OF EACH PRODUCT ON THIS SITE, THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY TOPSUNENERGY.COM ON AN “AS IS” BASIS. TOPSUNENERGY.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TOPSUNENERGY.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. TOPSUNENERGY.COM DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOPSUNENERGY.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOPSUNENERGY.COM’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO TOPSUNENERGY.COM DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO TOPSUNENERGY.COM’S LIABILITY.
7) Typographical Errors
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, topsunenergy.com shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. topsunenergy.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, topsunenergy.com shall immediately issue a credit to your credit card account in the amount of the charge.
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that topsunenergy.com is not responsible for the operation of or content located on or through any such site.
9) Copyright complaints
topsunenergy.com respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at [email protected].
You agree that topsunenergy.com’s remedy at law for any actual or threatened breach of this Agreement would be inadequate and that topsunenergy.com shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that topsunenergy.com may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.
No right or remedy of topsunenergy.com shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses.
No instance of waiver by topsunenergy.com of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
11) Entire Agreement
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and topsunenergy.com with respect to the topsunenergy.com sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and topsunenergy.com with respect to the topsunenergy.com sites/services. topsunenergy.com’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
12) Site Security
You are prohibited from violating or attempting to violate the security of the Site, 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 or network or to 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, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (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. topsunenergy.com 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 or any activity being conducted on this Site. 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 other than the search engine and search agents available from topsunenergy.com on this Site and other than generally available third party web browsers (e.g., Mozilla Firefox, Microsoft Explorer, Google Chrome, Safari etc.).
13) Objectionable material
You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, topsunenergy.com and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
It should be noted that topsunenergy.com is purely an e-shopping website and is NOT intended to be an adult site or any site which encourages or promotes access, promotion or sale of pornographic, adult or any sort of objectionable materials. Topsunenergy.com is committed to sell products which are legally allowed for sale in India and are embarrassing to purchase from retail shops despite being widely available at retail shops.
14) Copyright & Trademark
topsunenergy.com and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of topsunenergy.com or any third party’s intellectual property rights. All rights, including copyright, in this website are owned by or licensed to topsunenergy.com. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of topsunenergy.com. You may not modify, distribute or re-post anything on this website for any purpose.
The topsunenergy.com names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Topsun Energy Limited. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply topsunenergy.com endorsement, sponsorship or recommendation of the third party, information, product or service.
topsunenergy.com is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (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 Site 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 may 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, the Site or any related software. All software used on this Site is the property of topsunenergy.com or its suppliers and protected by Indian and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by topsunenergy.com ,one of its affiliates or by third parties who have licensed their materials to topsunenergy.com and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of topsunenergy.com and is also protected by Indian and international copyright laws.
15) Disputes and Jurisdiction
In case of any breach of terms or violation of the Agreement, you agree to notify topsunenergy.com in private about the possible breach and give it at least 90 days to investigate and rectify any such breach or violations. In an unlikely event of failure by topsunenergy.com to do so, you agree to serve topsunenergy.com a legal notice clearly mentioning and evidencing such breach and give topsunenergy.com minimum 90 further days to explain the cause and rectify the breach (if applicable and under the control of topsunenergy.com). This should be sent to us over email: [email protected]
In case of a settlement not having been reached, you may initiate legal action or lodge a complaint against topsunenergy.com at the appropriate Court of Law or authorities like the Consumer Court. This Agreement shall be construed in accordance with the applicable Laws and Constitution the Republic of India and is subject to the exclusive jurisdiction of the Honourable Courts of Gujarat only.
You agree to defend, indemnify and hold harmless topsunenergy.com, its employees, directors, officers, agents, representatives, business partners, service providers and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to topsunenergy.com or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.