Terms and Conditions
If you use the Services on behalf of a company or other organization, you represent and warrant that you are authorized to bind such company or organization to these Terms and to act on
behalf of such company with respect to any actions you take in connection with the Services and, in such event, “you” and “your” will refer and apply to that company or other legal entity you represent or acting in the benefit of. You agree to respond promptly and completely to requests from Kasolar for additional information that Kasolar deems necessary to determine your authority to act on behalf of a company or organization. Kasolar may suspend or terminate your access to the Services and your account if Kasolar has reason to believe that you are not authorized to act on behalf of a company or organization for whom you claim to be acting in connection with the Services.
This Terms and conditions shall be governed by and interpreted in accordance with the laws of the Republic of the Philippines. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Republic of the Philippines with respect to any dispute or claim arising out of or in connection with the Terms and Conditions. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
If any provision of this Terms of Service is held unenforceable, then such provision will be modified to reflect the parties’ intention, and the remaining provisions of the Terms of Service will remain in full force and effect.
Nothing in this agreement shall be construed as creating a partnership, agency, joint venture or any legal entity between Kasolar and you. Kasolar is not acting as your representative or agent with respect to the Service. The relationship between Kasolar and you is one of independent contractors.
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services or Collective Content, then the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services or Collective Content.
THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH SUPPLIERS, DISTRIBUTORS, MANUFACTURERS, RETAILERS AND INSTALLERS MAY CREATE LISTINGS FOR FELLOW SUPPLIERS AND CONSUMERS. YOU UNDERSTAND AND AGREE THAT KASOLAR IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN SUPPLIERS, DISTRIBUTORS, MANUFACTURERS, RETAILERS, INSTALLERS AND CONSUMERS. KASOLAR HAS NO CONTROL OVER THE CONDUCT OF SUPPLIERS, CONSUMERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE SERVICES YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR COLLECTIVE CONTENT.
List of terms:
Kasolar reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify
these Terms, then we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, then your only recourse is to cease using the Site and Services.
The Site and Services are intended solely for persons who are 18 years old or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 years old or older.
3. How the Site, Application and Services Work
The Site and Services can be used to facilitate the listings of solar energy suppliers. You may view Listings as an unregistered visitor to the Site and Services; however, if you wish to get connected to a network, then you must first register to create a Kasolar Account
Kasolar makes available a platform or marketplace with related technology for Customers to connect to solar energy providers nearest you. Kasolar is not an owner or operator of properties, including supplies, installations, and productions and Kasolar does not own, sell, resell, provide, manage and/or control these services. Kasolar’s responsibilities are limited to: providing online solutions for (i) facilitating the availability of the Site and Services and (ii) serving as the limited agent of each Host (Supplier, Manufacturer, Distributor, Retailers) for the purpose of accepting payments from Customers on behalf of the Host.
KASOLAR IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS.. ANY TRANSACTIONS MADE ARE AT THE CUSTOMER’S OWN RISK.
4. Account Registration
In order to access certain features of the Site and Application, and to contact a solar energy supplier, you must register to create an account (“Kasolar Account”) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
We will create your Kasolar Account and your Kasolar Account profile page for your use of the Site based upon the personal information you provide to us. You may not have more than one active Kasolar Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Kasolar reserves the right to suspend or terminate your Kasolar Account and your access to the Site and Services if you create more than one Kasolar Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Kasolar Account, whether or not you have authorized such activities or actions. You will immediately notify Kasolar of any unauthorized use of your Kasolar Account.
5. User Conduct
You are solely responsible for compliance with any and all laws, rules, regulations and Tax obligations that may apply to your use of the Site, Application, Services and Content, and listings. In connection with your use of our Site, Application and Services, you will not:
- use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content;
- copy, store or otherwise access any information contained on the Site, Application, Services or Content for purposes not expressly permitted by these Terms;
- use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms;
- infringe the rights of any person or entity, including their intellectual property, privacy, publicity or contractual rights;
- interfere with or damage our Site or Services, including through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- offer, as a Host, any products that you do not yourself own or have permission to,
- register for more than one Kasolar Account or register for an Kasolar Account on behalf of an individual other than yourself;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information or otherwise interact with the Site, or Services;
- use, display, mirror or frame the Site or Application or any individual element within the Site, Services, Kasolar’s name, any Kasolars trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Kasolar’s express written consent;access, tamper with, or use non-public areas of the Site, Kasolar’s computer systems, or the technical delivery systems of Kasolars’s providers;
- attempt to probe, scan, or test the vulnerability of any Kasolar’s system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Kasolar or any of Kasolar’s providers or any other third party (including another user) to protect the Site, Services or Collective Content;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Collective Content to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content;
- use our Site in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to advertising commercial workspaces.
- advocate, encourage, or assist any third party in doing any of the foregoing.
6. Marketplace Content
You will provide information on other materials related to your Content (including copies of any client-side applications) as reasonably requested by us to verify your compliance with the Terms. We may access and monitor your Content to verify your compliance with the Agreement. You will not block or interfere with our monitoring. You will reasonably cooperate with us to identify the source of any problem with Kasolar’s Services that we reasonably believe may be attributable to your Content or Modifications, or any End User materials that you control.
You retain ownership of the overall Marketplace Content that you upload. We do not claim any intellectual property rights over the Content you provide to the Kasolar service.
You can leave the Kasolar platform at any time by deleting your Account with us. You are responsible for protecting your intellectual property rights, as appropriate.
By uploading Content on the site, you agree: (a) to allow other internet users to view the Content; (b) to allow Kasolar to display and store the Content from your Account; and (c) that Kasolar can, at any time, review all the Content submitted by you to our Service. You are responsible for compliance of the Content with any applicable laws or regulations.
We will not disclose your confidential information to third parties, except as required in the course of providing our services or for internal reporting purposes. Confidential information includes any materials or information provided by you to us which is not publicly known.
Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
You agree that You are solely responsible for the accuracy, completeness, and timeliness of your Content, and the Content of the Site(s) and for any decision made or action taken by You, any End User, or any Third Party in reliance upon any Content on your Marketplace. You agree and acknowledge that Kasolar’s sole obligation in this regard is to accurately reproduce such Content on Your instruction as provided in this Agreement.
You are responsible for all activity and content such as data, graphics, photos, videos and links that is uploaded under your Kasolar Account. You must not transmit any worms or viruses or any code of a destructive nature.
You acknowledge and understand that, notwithstanding the Location designations specified by Customer, the Content on your Account could be hosted, transferred or stored outside the Philippines through Third-Party Applications or Third-Party Web Services.
You may choose to or we may invite you to submit Comments or Ideas about the Kasolar Services, including without limitation about how to improve the Kasolar Services or our products (“Ideas”). By submitting any Comment or Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Kasolar under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.