Terms and Conditions
Last updated: January 30, 2022
This website is operated and maintained by “Energy Ladder Incorporation” Please read these terms and conditions carefully before using Our Service.
INTERPRETATION AND DEFINITION
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Country refers to: India
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Energy Ladder registered at Noida, Uttar Pradesh, India.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Service refers to the services rendered by the herein defined website unless otherwise expressly provided.
- Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to Energy Ladder, accessible from pathtogreenhomes.com. Disclaimer: This website does not physically deliver products, equipment. It only helps you compare different products as a mere third party platform.
- You means the individual accessing or using the Service of this website which include both seller as well as buyer/reviewer, as the case may be, or/and will also include such other legal entity on behalf of which such individual is accessing or using the Service, as applicable
- Installer means the integrator of material and equipment who may or may not contact you for physical delivery of material, equipment and installation services. It is “You “ who is responsible to verify if such installer is authorized to work in your region & all risks associated with your engagement with the Installer.
- Following are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with following Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service. You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
4. GENERAL PROVISIONS/ POLICIES
- Your Account: If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to account. You agree to accept all responsibility for all activities that occur under your account or password. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us within your account area of the website. You agree and acknowledge that you will use your account on the website to compare and contrast products.
- CHANGES: We may periodically change the Terms and conditions pertaining to website without notice, and you are responsible for checking these terms and conditions periodically for revisions. All amended Terms become effective upon our posting to the Site, and any use of the site after such revisions have been posted signifies your consent to the changes.effective upon our posting to the Site, and any use of the site after such revisions have been posted signifies your consent to the changes.
- HOW YOU MAY USE OUR MATERIALS: We use a diverse range of information, text, photographs, designs, graphics, images, sound and video recordings, animation, content, advertisement and other materials and effects (collectively "Materials") for the search services on the Platforms. We provide the Material through the Platforms
- While very attempt has been made to ascertain the authenticity of the Platforms content, Energy Ladder is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Platforms including but not limited to decisions based on the content in the Platforms which results in any loss of data, revenue, profits, property, infection by viruses etc. The users is informed that pathtogreem.com is not liable for damage sustained by user in case of where the user sustained damage due to incomplete details exhibited on website due to any reason which include but not limited to internet/network issues. Accordingly, you may view, use, copy, and distribute the Materials found on the Platforms for internal, non-commercial, informational purposes only. You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to Energy Ladder. You may not use the Platforms or any of them to compile a collection of listings, including a competing listing product or service. You may not use the Platforms or any Materials for any unsolicited commercial e-mail. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Materials or the products, services, processes or technology described therein. All such rights are retained by Energy Ladder, its subsidiaries, parent companies, and/or any third party owner of such rights, or as the case may be.
- HOW YOU MAY USE OUR MARKS: The “Energy Ladder” company names and “pathtogreenhome.com” names and logos and all related products and service names, design marks and slogans are trademarks and service marks owned by and used under license from Energy Ladder or it's wholly owned subsidiaries. All other trademarks and service marks herein are the property of their respective owners. All copies that you make of the Materials on any of the Platforms must bear any copyright, trademark or other proprietary notice located on the respective Platforms that pertains to the material being copied. You are not authorized to use any Energy Ladder name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of Energy Ladder. Subject to your compliance with these Conditions of Use and payment of applicable fees, if any, “Energy ladder” or, and “pathtogreenhome.com”, as the case may be, grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Energy ladder and / or its affiliates, as may be applicable. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools. Requests for authorization should be made to [email protected].
- REVIEWS, RATINGS & COMMENTS BY USERS: Since, Energy Ladder provides information directory services through various mediums which includes inter alia SMS, WAP, E-Mail, Website, APP and voice or phone etc, as the case may be to its Users"). If the users use any of the aforementioned medium to post Reviews, Ratings and Comments about the Energy Ladder services and also about the Advertiser's listed at Energy Ladder is subject to additional terms and conditions as mentioned herein.
- You are solely responsible for the content of any transmissions you make to the Site or any transmissions you make to any mediums offered by Energy Ladder and any materials you add to the Site or add to any mediums offered by Energy Ladder, including but not limited to transmissions like your Reviews, Ratings & Comments posted by you (hereinafter may also be referred as the "Communications"). Energy Ladder does not endorse or accept any of your Communication as representative of their (Energy Ladder) views. By transmitting any public Communication to the Site, you grant Energy Ladder an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, adapt, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such Communications, in all Platforms now known or later developed.
- You confirm and warrant that you have the right to grant these rights to Energy Ladder. You hereby waive and grant to Energy Ladder all rights including intellectual property rights and also "moral rights" in your Communications, posted at Energy Ladder through any of mediums of Energy Ladder. Energy Ladder is free to use all your Communications as per its requirements from time to time. You represent and warrant that you own or otherwise control all of the rights to the content that you post as Review, Rating or Comments; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity. For removal of doubts it is clarified that, the reference to Communications would also mean to include the reviews, ratings and comments posted by your Friend's tagged by you. Also Energy Ladder reserves the right to mask or unmask your identity in respect of your Reviews, Ratings & Comments posted by you.
- Energy Ladder has the right, but not the obligation to monitor and edit or remove any content posted by you as Review, Rating or Comments. Energy Ladder cannot review all Communications made on and through any of the mediums of Energy Ladder. However, Energy Ladder reserves the right, but has no obligation, to monitor and edit, modify or delete any Communications (or portions thereof) which Energy Ladder in its sole discretion deems inappropriate, offensive or contrary to any Energy Ladder policy, or that violate these terms:
- Energy Ladder reserves the right not to upload or distribute to, or otherwise publish through the Site or Forums any Communication which is obscene, indecent, pornographic, profane, sexually explicit, threatening, or abusive;
- constitutes or contains false or misleading indications of origin or statements of fact;
- slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party;
- causes injury of any kind to any person or entity;
- infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights or any other rights of any third party;
- violates any applicable laws, rules, or regulations;
- contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- impersonates another person or entity, or that collects or uses any information about Site visitors. It is also clarified that, if there are any issues or claims due to your posts by way of Reviews, Ratings and Comments, then Energy Ladder reserves right to take appropriate legal action against you. Further, you shall indemnify and protect Energy Ladder against such claims or damages or any issues, due to your posting of such Reviews, Ratings and Comments Energy Ladder takes no responsibility and assumes no liability for any content posted by you or any third party on Energy Ladder site or on any mediums of Energy Ladder. You further acknowledge that conduct prohibited in connection with your use of the Forums includes, but is not limited to, breaching or attempting to breach the security of the Site or any of the mediums of Energy Ladder.
5. LINKS TO OTHER WEBSITES
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
6. ACCESS TO PATHTOGREEN.COM
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
7. TERMINATION OF ACCESS TO PATHTOGREEN.COM
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.
8. E-PLATFORM FOR COMMUNICATION
You agree, understand and acknowledge that the website is an online platform that does not enable you to purchase products directly from the website. You further agree and acknowledge that Energy ladder is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, the contract of sale of products on the website shall be a strictly bipartite contract between you and the sellers on pathtogreen.com.
You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. You further acknowledge and undertake that you will use the website to compare, select, reach out to potential home owners or installers as the case may be and order products. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. We may implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title or interest in the products sold through or displayed on the website vest with “pathtogreen.com” and/or “Energy Ladder” as the case may be, nor shall Energy Ladder/pathtogreen.com have any obligations or liabilities in respect of any transactions on the website. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
10. GOVERNING LAW
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may not be subject to other local, state, national, or international laws.
11. DISPUTES RESOLUTION
Arbitration: Any disputes and differences whatsoever arising in connection with these Terms shall be settled by Arbitration in accordance with the Arbitration and Conciliation Act, 1996. a) All proceedings shall be conducted in English language. b) Unless the Parties agree on a sole arbitrator there shall be three Arbitrators, one to be selected by each of the parties, and the third to be selected by the two Arbitrators appointed by the parties. c) The venue of Arbitration shall be as the parties to dispute may agree upon together. It hereby also provided that in case of failure to unanimously decide the arbitration venue, Delhi, India will be the arbitration venue will be taken by default
12. INDEMNITY AND RELEASE
- You shall indemnify and hold harmless “Energy Ladder”/ “pathtogreenhome.com”, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
- You hereby expressly release Energy ladder and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
- It must be hereby noted that Energy ladder/pathtogreenhome.com does not assume any liability towards Marchant whatsoever that the Marchant whose product is been exhibited on the website or who contacted the pathtogreenhome.com/Energy Ladder for exhibition of their product on this website for specific consideration will receive desired number of sale or leads with respect to sales.
13. SEVERABILITY AND WAIVER
Severability If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. Waiver Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
14. TRANSLATION/INTERPRETATION IN CASE OF AMBIGUITY
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
15. CHANGES TO THESE TERMS AND CONDITIONS
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision of these terms is made, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
16. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF RIGHTS INFRINGEMENTS
If you believe that your rights are being infringed, you may fill out and submit the queries/claims/complaint [Hereinafter referred as “queries”] to [email protected]. We respond expeditiously to rights owners and their agents who complete and submit the queries to communicate concerns about any alleged infringement. Upon receipt of a query we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defences, all of which are expressly reserved. Furthermore, in submitting a query/claim, you grant to “pathtogreenhomes.com” or “Energy ladder”, as the case may be, the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the queries to the parties involved in the provision of the allegedly infringing content. You agree to indemnify energy ladder/ pathtogreen.com for all claims brought by a third party against energy ladder/pathtogreen.com out of or in connection with the submission of queries. Note on Third Party Seller Listings: Please keep in mind that Third Party Seller listings are merely hosted on pathtogreen.com and are posted solely at the direction of Third Party Sellers who may be contacted via their "Seller Information" page, accessible from any of their listings. Important Warning: giving false, misleading, or inaccurate information in the submitted queries to “Energy Ladder” or pathtogreenhomes.com may result in civil and/or criminal liability. CONTACT US: If you have any questions about these Terms and Conditions, You can contact us: • By email: [email protected]