Terms and Conditions
This Website and EnerMark services are offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices
contained in this agreement (the "Terms and Conditions"). Your use of this Website or submission of service requests via telephone constitutes your
agreement to all such terms, conditions, and notices in effect at such time. These Terms and Conditions apply to any EnerMark services or properties such as
websites or apps owned and operated by EnerMark (including but not limited to EnerMark.com, EnerMark.in, etc) and collectively referred to herein as
"EnerMark" on which a link to these Terms & Conditions appears. If you have any questions regarding these Terms & Conditions, you may contact us
at www.enermark.com. We may amend these Terms & Conditions at any time by posting a revised version of these Terms and Conditions.
INTRODUCTION TO EnerMark
Upon registration, you may choose your own password or EnerMark will assign you a password to access the EnerMark services through the EnerMark website or apps.
As part of project potential evaluation, we ask you to provide your energy consumption data. Such data is treated as confidential, unless authorized for sharing
At EnerMark we are committed to making your total experience a positive one. There are several ways you can find value from EnerMark. First we help you evaluate
a solar energy installation project. Second, we develop clean energy proposals for you based on data for energy consumption, other data available and our
proprietary analytic techniques. Finally, we help you find providers for your chosen solution.
- Service Providers.Upon entering your information and the request for which you would like a service professional, we will attempt to match you with service professionals in your
area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a service
professional or that there are service professionals in your area that are either capable or willing to complete your service needs.
- No Guarantees or Endorsements.
We take certain steps to examine the credentials of our listed service professionals. Unless explicitly stated in our service agreements with you, we make no
guarantees or representations regarding the skills or representations of such service professional or the quality of the job that he or she may perform for you
if you elect to retain their services. The service professionals are not employees or agents of EnerMark.
- No Contracting via the EnerMark Website.
EnerMark may inform you of certain offers or discounts provided by a service professional. Such offers or discounts are made solely by the service professional,
and EnerMark does not guarantee or warrant the pricing or discounts that a service professional may offer you. Any quotes provided by Service Professionals via
the EnerMark or apps, or which you find on the EnerMark or apps, are not contractually binding offers, are for informational purposes only, and cannot be
accepted on or via EnerMark. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an
appointment with a Service Professional) via EnerMark. To contract with a Service Professional, you must work directly with the Service Professional or with
EnerMark and finalize the contract in writing. Your rights under contracts you enter into are governed by the terms of such contracts and by applicable
federal, state, provincial and local laws.
YOUR USE OF ENERMARK SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of EnerMark is for your personal use and not for advertising purposes. You may not use EnerMark to recreate or compete
with EnerMark, to solicit or harass EnerMark service professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the
foregoing could result in significant damages, and you agree that you are liable to EnerMark for any such damages, and will indemnify EnerMark in the event
of any third party claims against EnerMark based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any
EnerMark products or properties at any time. All information about service professionals is confidential and for your personal use only. If it is determined
or suspected by EnerMark in its sole discretion that you are misusing or attempting to misuse or circumvent the EnerMark services or system, or are using or
attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content,
infiltrating, fraud, advertising, jamming or spamming, EnerMark reserves the right, in its sole discretion, to immediately terminate your access without
notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost
revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
INFORMATION YOU PROVIDE TO US
Upon using EnerMark, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information,
such as energy consumption data and installation site related data, on our website or apps. Some of this information will be sent to service professionals who
will need this information to respond to your request, but only upon your consent. By providing this information to us, and/or by submitting a service request,
you are requesting, and you expressly consent to being contacted by us and by our service professionals and providers via phone, fax, email, mail or other
reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not
Call" list, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your
account or for other purposes reasonably related to your service request and our business, including marketing related emails. For complete details on our
EnerMark and its partners and thus agree to be contacted by EnerMark and/or its partners. You promise that all information you provide (including but not
limited to your contact information, and any Ratings and Reviews of service professionals that you provide) will be accurate, current and truthful to the
best of your knowledge. If you provide any information that is untrue, not current or incomplete, or EnerMark has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, EnerMark has the right to refuse any current or future use of the EnerMark services (or any portion
thereof) by you. You are responsible for any use of the EnerMark services by persons to whom you intentionally or negligently allow access to your password.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT
COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO EnerMark AND ITS SERVICE PROFESSIONAL PARTNERS, AND TO CONSUMERS, AS
WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND
PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE ' S NAME, E-MAIL ADDRESS,
PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO EnerMark AND EACH
EnerMark SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF Rs 100000 TO EACH OF EnerMark AND EACH OF THE AFFECTED
SERVICE PROFESSIONALS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL
OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2)
THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING,
HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.
DISPUTE RESOLUTION ASSISTANCE
EnerMark dispute resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement
repair or maintenance project with a service professional who you learned about through the EnerMark Services. We may, upon your request, provide limited
assistance in resolving disputes between you and a service professional. You must participate and use good faith efforts to resolve problems through the EnerMark
resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions.
You acknowledge and agree that EnerMark may monitor and/or record any telephone calls between you and EnerMark.
USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents on EnerMark, including but not limited to:
- Ratings & Reviews
- Photographs, videos, testimonials or Images
- Comments, questions and/or Answers
- Any other content (known collectively as "Content") is the sole and exclusive property of EnerMark, and that you have no right to reproduce,
post, publish, or otherwise use such information other than for your personal use relating to your service request.
- Our Right to Use the Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential.
You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce,
incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter
created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further,
to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or
provided by you.
- Grant of License.You hereby grant EnerMark and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store,
display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content
in any format or media (whether now know or hereafter created) on EnerMark and apps in any manner that we deem appropriate or necessary, including, if submitted,
your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content.By posting or providing any Content to EnerMark, you represent and warrant to EnerMark that you own or have all necessary rights to use the Content, and grant to
EnerMark the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary
rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any
photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have
obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines.EnerMark reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove
any content that you or any other users post on any EnerMark owned or operated websites or apps if EnerMark determines (in its sole discretion)
that such content contains or features any of the following:
Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment,
vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
References to illegal activity.
Language that violates the standards of good taste or the standards of this Site.
Statements that are or appear to be false.
Comments that disparage EnerMark.
With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has
not started yet").
Comments concerning a different service professional.
Information not related to work requested in the service request.
If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution
is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that you will
only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable
NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the EnerMark server ("Server") is granted,
provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents
from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any
media, and (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal
penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the EnerMark or apps
or any other EnerMark owned, operated, licensed or controlled site. Elements of EnerMark or apps are protected by trade dress, trademark, unfair competition,
and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any EnerMark web Site may be copied or retransmitted
unless expressly permitted by EnerMark. EnerMark AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION
CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. EnerMark AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING
ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS
PUBLISHED ON THE EnerMark WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
EnerMark AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
SERVICE PROVIDER PRE SCREENING PROCEDURES AND DISCLAIMERS
Unless otherwise noted on the screening tab of a service professional's profile page, EnerMark.com uses the following criteria as part of its registration
enrollment process ("registration") for new service providers:
WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROVIDER (E.G. NAME OF OWNER, BIRTHDATE, ADDRESS etc.)
Licensing - EnerMark may display licensing information provided by service providers on the service profile pages, however EnerMark does not confirm
(i) the accuracy, of any such licensing information,
(ii) that any such license is active or in good standing, or
(iii) that any such license is appropriate for the task for which you are seeking a service professional. EnerMark's guarantees are limited to agreements
expressly entered in writing with concerned parties.
NOTE: ENERMARK PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES FOR MEMBERSHIP IN THE ENERMARK NETWORK, AND THEREFORE A SERVICE PROVIDER'S
INFORMATION MAY CHANGE OR EXPIRE OVER TIME. THUS, ENERMARK CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE.
ENERMARK IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S SCREENING INFORMATION.
The above procedures may change from time to time at the sole discretion of EnerMark. EnerMark believes that it uses commercially reasonable methods to check
these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment
in the EnerMark network. EnerMark does not represent or warrant that the information received from state, provincial or other government agencies or from third
party sources is accurate, error free, or that it is up to date or updated at the time that EnerMark checks such information. Most agencies have periodic
update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: ENERMARK EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION
OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE,
OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS
ACCURATE, TIMELY OR ERROR FREE.
ARTICLES AND OTHER CONTENT
EnerMark provides certain content relating to clean energy technologies on EnerMark sites or apps, and via mobile applications owned and operated by EnerMark.
Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such
Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a licensed service provider.
LINKS TO THIRD PARTY SITES
The links in the EnerMark sites or apps will let you leave EnerMark's web sites or apps. The linked sites are not under the control of EnerMark and EnerMark
is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use
of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. EnerMark is not responsible for webcasting
or any other form of transmission received from any linked site. EnerMark is providing these links to you only as a convenience, and the inclusion of any link
does not imply endorsement by EnerMark of the site.
YOU AGREE TO INDEMNIFY ENERMARK, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM
ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE ENERMARK SERVICES, IN CONNECTION
WITH THE ENERMARK WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM
YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
You acknowledge and agree that the EnerMark services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and
exclusive remedy, unless expressly agreed to in a written agreement. EnerMark's sole obligation to you or any third party for any claim arising out of
your use of the EnerMark sites or apps, is that you are free to discontinue your use of the EnerMark sites or apps at any time. EXCEPT AS EXPRESSLY SET FORTH
HEREIN, EnerMark EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, AND YOU AGREE THAT EnerMark SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT),
EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF EnerMark HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH
FLOW FROM IT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of EnerMark's successors, assigns and licensees. If any provision
of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall
be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision
shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of EnerMark to exercise or enforce any right or
provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the EnerMark services or the Terms and Conditions must be filed within one (1) year
after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or
contractual effect. These Terms and Conditions constitute the entire agreement between you and EnerMark and supersede all oral and written negotiations or
representations of the parties with respect to the subject matter thereof. These Terms and Conditions may not be modified or amended other than by an
agreement signed by both parties.