User Agreement

User Agreement

  1. The Terms
    1. Definitions
    2. Agreement
    3. Modification
  2. Services
    1. Our Services
    2. Pricing & Refunds
    3. Order Modification
    4. Retention & Backup Policy
    5. Service Level Agreement
  3. Services
    1. Eligibility
    2. Obligations
    3. Code of Conduct
    4. Abuse Policy
    5. Monitoring & Support
    6. Termination
  4. Legal Statements
    1. Governing Law
    2. Third Party Legal Actions
    3. Intellectual Property
    4. Grievance Officer
    5. Linking to the Website
    6. Electronic Communication / Notices
    7. No resale of Service
    8. Entire Agreement
  5. Disclaimer
  6. Privacy Policy

User Agreement

This Agreement is made, entered into and executed at Mumbai, Maharashtra, India on current date (hereinafter referred to as the "Effective Date")

BETWEEN:-

Helical Power Pvt. Ltd. (hereinafter referred to as "Helical Power") AND you (hereinafter referred to as "Customer"). If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the term "Customer" shall refer to such entity.

WHEREAS the Helical Power provides Renewable Energy Consulting and other related services;

AND WHEREAS the Customer wishes to purchase HeliCAL Power services;

NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Helical Power and the Customer, intending to be legally bound, hereby agree as follows:

  1. Basic Terms
    1. Definitions
      1. "Agreement" shall mean this User Agreement, Disclaimer and the Privacy Policy collectively;
      2. "Content" means all information, reports, graphics, multimedia, advertisements, or other materials hosted on Helical Power servers;
      3. "Current Date" means the date on which any services are hired or availed at Helical Power by the Customer, includes the date which may have been recorded in our database as the date of registration for services.
      4. "Due Date" shall mean expiry of a period of fifteen (15) days from the date of an invoice raised by Helical Power;
      5. "HeliCAL" is a Solar PV feasibility report that provides valuable technical and financial information required for better decision making prior to investing in a solar PV system;
      6. "Helical Power" is a renewable energy consulting company based in Mumbai, India;
      7. "Information" includes data, message, text, images, sound, voice, codes, computer programs, software and databases or microfilm or computer generated micro fiche;
      8. "Proprietary or Confidential Information" shall include, but is not limited to, written or oral contracts, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer retained information, notes, or financial information;
      9. "Photovoltaic system", also solar PV power system, or PV system, is a power system designed to supply usable solar power by means of photovoltaics;
      10. "Registration data" refers to the information provided in the Customer registration form;
      11. "Sensitive Information" or personal data of a person means such personal information which consists of information relating to password, financial information, biometric, sexual orientation, medical records etc as defined under Information Technology Act and Rules thereunder;
      12. "Services" shall include as services as defined under clause 4 of this Agreement;
      13. "Site" and "website" refers to the www.HelicalPower.com;
      14. "Terms" and "User Agreement" refers to the Agreement contained herein below;
      15. "User", "You" and "Customer" refer to the individual or entity who avail of any Website services from Helical Power Pvt. Ltd;
      16. "We", "us" and "our" refer to the website www.HelicalPower.com;
    2. Other terms would have meaning as defined under Information Technology Act, 2000 and rules made thereunder.

    3. Agreement
      1. Helical Power is a renewable energy consulting company based in Mumbai, India. It is committed towards supporting the growth of the renewable energy industry by providing technical and financial services to our customers in India as well as across the globe.
      2. You agree that, by completing the registration process or by availing of any services at Helical Power and thereby accepting terms and conditions, you will be bound by the following Agreement. We intend this to be the legal equivalent of your signature on a written contract, and equally binding. If you do not accept these Terms and Conditions you must immediately stop using the website and related services. Furthermore:
        1. Helical Power services owned and operated by Helical Power Pvt Ltd, Mumbai is provided to you under the terms and conditions of this Agreement, annexed policies and any other operating rules or policies that may be published by us on the website from time to time.
        2. All the terms set here are presented in English language and it is the sole responsibility of Customer to understand these terms accurately in the language he understands. You must read, understand and agree with and accept all of the terms and conditions contained in these Terms, which include those terms and conditions expressly set out below and those incorporated by reference, before you use services or register at this website.
        3. You warrant that you as a Customer has independently evaluated the desirability of the service and is not relying on any representation agreement, guarantee or statement other than as set forth in this agreement.
        4. Customer is required to take a printout of this agreement at the date of entering into agreement with us (in accordance with Indian Evidence Act procedure for electronic evidence) and may preserve the copy for future references with proper timestamp... as the Terms may change from time to time and the future Terms may or may not be applicable to you completely. But in case, no such copy of terms are preserved, in that case the Terms existing upon the website as on date would become applicable to you and you would have no right to dispute the same.
        5. We strongly recommend that, as you read this Agreement, you also access and read the information contained in linked documents and other pages/websites referred to in this document, as they may contain further terms and conditions that apply to you as a user/customer at this site.
    4. Modifications
      1. We reserve the right to modify this Agreement at anytime by posting a new agreement on our site, you should always review them prior to using the Site.
      2. In case, any modification to the agreement is unacceptable to you, your only recourse will be to terminate this agreement. In case you continue to access any of our services after that time you will be deemed to have accepted any change.
      3. Further, we reserve the right to change or discontinue sale of specific services or its prices, from time to time, which will be posted on the website.
  2. Services
    1. Our Services
      1. Solar PV Pre-Feasibility Reports: Helical Power makes available Solar PV pre-feasibility report, HeliCAL, which is a Solar PV feasibility report that provides valuable technical and financial information required for better decision making prior to investing in a solar PV system. The HeliCAL report contains solar data, system sizing, system energy output, performance ratio, system cost, Internal Rate of Return (IRR), Net Present Value (NPV), payback period, etc. For further information, Frequesntly Asked Questions (FAQs) are available at: http://helicalpower.com/faqs.

        Below are the two packages that are available:

        1. Basic Report: The Basic package mainly helps in Site selection, planning and design of solar energy projects for any location across the world. The core of the Basic package is pvPlanner, a fast and highly accurate PV energy calculator tool for planning of a PV system at any location. It can compare PV output on the basis of different technology options such as module type, inverter efficiency, and mounting type allowing the user to assess a potential performance of a PV technology for any selected site or roof.
        2. Premium Report: The Premium report covers all of the Basic plus it also includes system sizing as well as financial aspects which helps you instantly understand your system size and determine the economic viability of your Solar PV system.

        Please visit ‘How it works/Pricing’ section for more details as the Reports and the selection for processing of order which includes choosing your Package, Site Selection, System Sizing and Financials.

        Note: The Climate data, PV electricity production, losses, etc. are available for all locations throughout the world. However the other services such as system sizing as well as financials are only for locations throughout India

      2. Other Services: Details as to other services as regards EPC Contracting and Renewable Financing, will be posted over the website, as soon as they are made functional.
      3. Helical Power shall be entitled to refuse to accept orders (a) that are not in accordance with this Agreement, or (b) that are issued for services / facilities not covered under the Service or (c) that contain terms and conditions or prices that are contrary to the understanding of the Parties or (d) at its sole discretion.
    2. Pricing & Refund
      1. The various services rendered through Helical Power, are subject to prices below:
        REPORT TYPE Price
        Indian Users (INR) International Users (USD)
        Basic Report 500 20
        Premium Report 1000 30
        Logo 100 5
      2. Customer shall pay all applicable fees/advances as per the Payment Terms and Conditions set out along with respective services. Kindly note, the all payments are accepted in advance through CCAVENUE payment gateway.
      3. Helical Power reserves the right to change prices of the reports without any intimation or notice. However, these prices will be updated in the pricing page. Users are advised to check the pricing page before ordering reports.
      4. Helical Power reserves the right for cancellation or refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
      5. Customer should note that once an order has processed it cannot be cancelled and a refund cannot be issued. However in the unlikely event of an error on our part the users should point this to us by writing to us at info@helicalpower.com and we will try our best to get it resolved or if need be refund the fees to the user.
      6. You have thirty (30) days to dispute any charge or payment processed by Helical Power. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.
    3. Order Modification
      1. If Customer makes requests for any change in the Services, and such change results in increased cost of any nature to Helical Power, or will require additional time for performance of Helical Power’s obligations, or if Helical Power is otherwise adversely affected by such change, the schedule, price and other terms and conditions of the order and Agreement may be equitably adjusted by agreement of the Parties. In no event shall Helical Power be obligated to proceed with any change unless the foregoing adjustments have been agreed upon in writing by the Parties.
      2. Notwithstanding the above, at any time and with prior consent of Customer, in case of material changes, Helical Power reserves the right to make changes in design, construction, arrangement and provision of Services; provided such changes do not result in any increase in the price or time for performance or alter any performance guarantees or warranty obligations set forth herein. Customer shall not unreasonably withhold its consent in case of material changes.
    4. Retention & Backup Policy
      1. The data and the system logs of the transactions would be retained as a backup in our server for at least 6 (six) months from the date of its creation. And otherwise also, we may retain such information in our systems but for a limited period, which may help not only in complying with the laws of the land but try to make sure that we maintain enough backup of user accounts, which may either be required to be restored to the server in unforeseen circumstances or to make available the information to the enforcement agencies, in case of any specific requests received in accordance with the law of the land.
      2. In exceptional circumstances, it cannot be assured that we will always have at all times backup available with us. Further, you as a Helical Power user agree that in no case, Helical Power can be held responsible for loss of data in any circumstances.
    5. Service Level Agreement
      1. Helical Power will use reasonable efforts to maintain the operation and availability of its website and the dashboards; however, Helical Power does not guarantee uninterrupted or error-free operation of this site or any portion thereof.
      2. During the applicability of this Terms of User Agreement, the Helical Power Services will be operational and available to you as a customer at least 99.5% of the time in any calendar year in normal circumstances. And in case of any downtime or website access issues, you should email Helical Power Team at info@helicalpower.com. Further, though we try best to provide the best possible uptime but in case of extreme circumstances, downtime beyond this SLA may happen, which may or may not be in control. But for any such downtime, you agree that Helical Power cannot be held responsible for any loss.
  3. Customers
    1. Eligibility
      1. To be able to avail any of the services offered by us, you need to be competent to contract as per the Indian Contract Act, 1872, which excludes minors, i.e. persons below the age of 18 years, persons of unsound mind and undischarged insolvents.
      2. Further you confirm that any court, tribunal or any adept authority does not prohibit or impose any kind of restriction/conditions/order to enter this agreement or online services of nature and function similar to ours.
      3. You also confirm that your are not violating any applicable law by entering this agreement. We reserve the right to terminate your services and refuse to provide access to the Site in case of any such violation.
    2. Obligations
      1. As a registered Customer you are responsible for maintaining the confidentiality of your Registered Account and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur due to your use or under your account or Password.
      2. Services as a registered user are available to you only if you provide personal information to Helical Power. Consequently, if you choose not to provide us with any required personal information, Helical Power will not be able to offer you the services, which is governed by separate Privacy Policy.
      3. Further, you agree:
        1. To provide true, accurate, current and complete information about yourself in the registration form (such information being the "Registration Data") and regularly maintain and promptly update the information you provided us within your account area of the website.
        2. To use the services only for the purpose that are permitted by the aforesaid Agreement and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction.
        3. That you will be solely responsible for any breach of your obligations under the terms and for the consequence of any such breach, including any loss or damage, which we may suffer as a result and that we cannot be held responsible to you or to any third party.
        4. That your account and the activity under it are subject to review from time to time by us. On the basis of the internal report, your account or access to any services or may be blocked or may become subject of deletion if found to be objectionable, obscene or offensive, without any prior notice to you.
        5. That if your account is blocked in any circumstances including as provided under the terms, you may be prevented from accessing all the services available under this website. Further, you agree that you may not try to register under an anonymous name to get access to the site otherwise for any purpose whatsoever.
    3. Code of Conduct
      1. You further agree not to host, display, upload, modify, publish, transmit, update or share any information that —
        1. belongs to another person and to which the user does not have any right to, unless you have written consent from the owner of the copyrighted material;
        2. is grossly harmful, harassing, blasphemous defamatory, obscene, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
        3. harm minors in any way;
        4. infringes any patent, trademark, copyright or other proprietary rights;
        5. violates any law for the time being in force;
        6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
        7. impersonate another person;
        8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
        9. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
      2. You will not solicit passwords or personal identifying information for any purposes from other users or try to crack the password of other users, which would be termed as hacking attempt.
      3. You agree to not (and permit anyone else to) copy, modify or extract the source code of the service or any part thereof. You further agree that you may not indulge in any kind of process, which may be termed as work of Reverse Engineer unless this is expressly permitted or required by law or unless you have been specifically told that you may do so by us, in writing.
      4. 1You agree that you will not engage in any activity that interferes with or disrupts the services (or the servers and networks, which are connected to the Services) or is otherwise in violation of the law of the land.
      5. The Solar Irradiation and Climate data, PV Electricity production, System losses and performance ratio are from "SolarGIS pvPlanner © GeoModel Solar". You shall not publish, transmit or communicate any competitive comparison, analysis or "benchmarking" of the pvPlanner Data without the prior written consent of Helical Power Private Limited.
    4. Abuse Policy
      1. The Services provided to the User by Helical Power may only be used for lawful purposes. That is, when you sign up, you agree to abide by this User Agreement and also the applicable Law. In case any violation of either terms or Law of the land is discovered, we may suspend the service(s) and immediately initiate an investigation either internally or through any Government Agency, depending upon the circumstances of the case.
      2. We may, at any and all times, in our sole and absolute discretion, during such an investigation, restrict your access in order to prevent any further possible unauthorized activity. Depending on the severity of the violation, we may, at its sole discretion, restrict, suspend, or terminate any service(s) and/or pursue other legal remedies.
      3. Helical Power may also randomly monitor the user accounts. Any such monitoring is done for evaluation purposes by administrator and all the information is kept confidential. This is solely done to guarantee the highest level of service and to ensure accurate information is provided in a professional manner and may also help to detect any violations as stated above.
      4. You agree to grant the rights to us to reveal your identity (or any other related information collected on this service) if required by law or in case of any legal action or complaint arising from any situation caused by your use of this site. In exercising this right, we may ask you to provide any documentary or other form of evidence supporting the Content you have stored/transmitted through Helical Power service. If you fail to produce such evidence, we may, in our sole discretion, block/terminate your access without notice.
    5. Monitoring and Support
      1. To ensure users receive the highest possible level of service, Helical Power may randomly monitor the customer accounts, applications and running services. Any such monitoring is done for evaluation purposes by supervisors and all the information is kept confidential. This is solely done to guarantee the highest level of service and to ensure accurate information is provided in a professional manner.
      2. In case of any Grievance with respect of any Helical Power services, Customer has the option to report the content, to the Grievance Officer, whose details have been published hereunder and also over Contact Page.
      3. You can obtain assistance with any technical difficulty that may arise in connection with user's utilization of the Helical Power Services by requesting assistance via email to info@helicalpower.com. We reserve the right to establish limitations on the extent of such support, and the hours at which it is available.
      4. You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for its access to and use of the Helical Power Services and users shall be responsible for all charges related thereto.
    6. Termination
      1. Either Party may terminate this Agreement at any time:
        1. By giving a 30 (Thirty) days notice of termination delivered or you may simply get your services terminated at any point with or without cause by writing to us at info@helicalpower.com.
        2. With immediate effect, if the other Party is adjudged insolvent or bankrupt, or if proceedings are instituted by or against a Party seeking relief, reorganization or arrangement or compromise or settlement under any laws relating to insolvency, or seeking any assignment for the benefit of creditors, or seeking the appointment of a receiver, liquidator or trustee of a Party's property or assets or the liquidation, dissolution or winding up of a Party's Business.
      2. Helical Power may Terminate this Agreement by notifying the Customer in writing, as of the date specified in such notice of termination under the following circumstances:
        1. In case of non-compliance with the Agreement and accompanying documents, or the Law of the Land. Helical Power reserves the right to immediately terminate the access or usage rights of the users to the services and also remove non-compliant information.
        2. In our sole discretion, may terminate the account/password or use of any or all of the services, for any reason, including, without limitation, for improper use of any service or if we believe that you are not eligible to avail the services. We may also in our sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice.
        3. If you had provided any information that is untrue, inaccurate, not current or incomplete at the time of registration, or we have a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Agreement, we have the right to indefinitely suspend or terminate your services and refuse to provide you with access to the Website.
        4. You further agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and email messages and other information relating to you and/or bar any further access to any Service or all of the services, to protect our interest as an Intermediary. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Service.
  4. Legal Statements
    1. Governing Law
      1. Customer agrees to use the service in compliance with applicable law and this Agreement and the annexed documents, which are hereby incorporated by reference in this Agreement.
      2. The Terms of Agreement and the relationship between you and us shall be governed by the laws of India. The Courts of law at Mumbai, India shall have exclusive jurisdiction over any disputes arising under this agreement or other related issue arising out of the use of this site or related services. Our failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.
      3. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of the Agreement remain in full force and effect.
      4. Customer agrees 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 Service or the Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
      5. Customers/Visitors who choose to visit our website from other jurisdictions do so on their own initiative. Those visitors are solely responsible for compliance with all laws, rules, and regulations, union, state, and local or foreign, applicable to the use of this website and information, content, material and services contained herein.
      6. The section titles in this Agreement and annexed documents are for convenience only and have no legal or contractual effect.
    2. Third Party Legal Actions
      1. 16.1 It is our policy to respond with reasonable promptness to subpoenas and other legal process served on Helical Power that seek information, documents or other business records. Third parties wishing to serve such process may do so in writing to the following address. We shall evaluate each such request based upon the applicable law and facts.
        Helical Power Pvt Ltd (Legal)
        Mumbai
    3. Intellectual Property
      1. Subject to the provisions of this Agreement, the Helical Power, it’s Partners and the Customers, all will continue to independently own his/her/its intellectual property, including all patents, trademarks, trade names, service marks, copyrights, trade secrets, proprietary processes and all other forms of intellectual property. Any improvements to existing intellectual property will continue to be owned by the Party already holding such intellectual property.
      2. Without limiting the generality of the foregoing, no commercial use rights or any licenses under any patent, patent application, copyright, trademark, know-how, trade secret, or any other intellectual proprietary rights are granted by Helical Power to the Customer, or by any disclosure of any Confidential Information to the Customer under this Agreement.
      3. Customer shall further ensure that by availing of any website services, he is not infringing upon any intellectual property rights or other rights of any person or entity. Customer acknowledges that Helical Power cannot and does not check to see whether any services or the use of the services by the Reseller under this Agreement, infringes legal rights of others.
      4. Without limiting the foregoing, copying or reproduction, for redistribution or other purpose, of the web site or any part thereof to any other server or location, including caching of any kind is expressly prohibited.
      5. Unless you have been specifically permitted to do so or have a separate agreement with us, you agree that you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
      6. In case of any notice received under DMCA or otherwise for Intellectual Property violation. Helical Power reserves the right to remove the content with or without issuing any notice to the Customer, depending upon the seriousness of the matter.
    4. Grievance Officer
      1. Helical Power shall address any grievances of users, whether registered or not, with respect to website content or any other aspects connected therewith, in a time bound manner. For this purpose, Helical Power has designated the following person as Grievance Officer in terms of Information Technology Act 2000 and the rules framed there under:
        Mr Mir Salman Ali
        5/602 Shree Shahswat C.H.S, Mira Bhayandar Road, Mira Road (E), Thane – 401107
        Phone: +91 7045640970
      2. The appointed officer shall acknowledge the complainant within 36 hours electronically and resolve the matter within 30 days in terms of the Information Technology Law if it is received through a government agency or based upon court order (in accordance with ruling by Hon’ble Supreme Court in the matter of Shreya Singhal V Union of India in March 2015).
      3. In other cases, Helical Power would look into the matter and try to resolve as far as possible.
    5. Linking to the Web Site
      1. You may provide links only to the homepage of this Web Site, provided:
        1. a) You do not remove or obscure, by framing or otherwise, any portion of the homepage,
        2. b) You give Provider notice of such link by sending an e-mail to us and you discontinue providing links to this Web Site if requested by Provider.
    6. Electronic Communications / Notices
      1. Any notice or other communication required or permitted to be delivered to Helical Power under this Agreement shall be in writing unless otherwise specified and shall be deemed properly delivered, when sent to our contact address specified on the Contact Page by registered mail or courier. Any communication shall be deemed to have been validly and effectively given, on the date of receiving such communication, if such date is a Business Day and such delivery was made prior to 18:00 hours local time, and otherwise on the next Business Day.
      2. When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. And, by special permissions, you may opt for electronic communication in communicating with us by writing to info@helicalpower.com.
    7. No Resale of Service
      1. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, or access to the Service.
    8. Entire Agreement
      1. This Agreement constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The Agreement shall be governed by the Laws of India.

    DISCLAIMER

    1. Definitions
      The terms have same meaning as defined under the User Agreement provided at www.helicalpower.com.
    2. Risk Factors
      We shall try our best to deliver our services at the agreed time period. However; we cannot guarantee delivery time as these may be affected by circumstances outside our control and therefore in case of such delays, Helical Power shall not be held responsible. We will do our best to contact you, if we are forewarned of delays. In such circumstances, users may contact us at info@helicalpower.com. Also considering the nature of climate fluctuations, interannual and long-term changes as well as the uncertainty of measurements and applied methods, Customer acknowledges that Helical Power or it’s associates cannot give any warranty on the accuracy of pvPlanner Data. We all have done its utmost to make an assessment of climate conditions based on the best available data, software and knowledge.

      Further,

      1. Helical Power assumes no responsibility or liability from any loss incurred by any information presented upon the website, services or advise thereof rendered through it. Customers using the services herein are solely responsible for their actions. As we do not warrant the accuracy, completeness, or usefulness of any information presented therein. User expressly agrees that use of the service is at user's sole risk.
      2. Helical Power shall be not responsible or liable for the authenticity, accuracy, completeness, errors, omission, typographic errors, disruption, delay in operation or transmission, communications line failure, interruption or malfunction (including but not limited to any kind of technical aspects), deletion, defect of any information, reports, service stops functioning due to technical problems, certain features not functioning at any point in the web site or any part thereof.
      3. Helical Power website provides links to other websites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Helical Power website. You expressly agree that Helical Power is not responsible for the availability of, and content provided on, third party websites. You should refer to the policies posted by other websites regarding privacy and other topics before you use them. You agree that Helical Power is not responsible for third party content accessible through the Helical Power website, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Helical Power is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Helical Power is not responsible for any loss or damage of any sort that you may incur from dealing with a third party.
      4. Helical Power cannot guarantee that the information submitted to, maintained on, or transmitted from our systems will be completely secure and transmission of information over the Internet is susceptible to possible loss, misrouting, interception and misuse.
        Further, you agree that any material and/or data downloaded or otherwise obtained through the use of the service is done at user's own discretion and risk and that user will be solely responsible for any damage to user's computer system or loss of data that results from the download of such material and/or data. We assume proper precautions have been taken at your end such as installation of firewall and antivirus at your end.
      5. Helical Power is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers. Helical Power will take full backup of your accounts on a weekly basis and move it to our centralised backup storage repository on a good faith basis but cannot be held liable in case of any corruption of data during backup and transmission.
    3. Disclaimer of warranties The service is provided on an "as is" and "as available" basis. Helical Power expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Further, no other oral or written communications shall be deemed to create a warranty. Helical Power reserves the right to amend errors, make changes to our website or to update product information at any time without prior notice and without any liability on our part. Furthermore,
      • we make no warranty on any results obtained by the use of the service.
      • we make no warranty on accuracy or reliability of any information obtained by the use of service.
      • we make no warranty that the service will meet your requirements.
      • we make no warranty on any technical defects in the website will be corrected.
      • we make no warranty that the service will be persistent, timely, secure, error free.
      • we are neither responsible nor liable for any result that arises due to the use of service by any user or content posted or transmitted through the site by any user.
      • we do not assume any responsibility or liability for any illegal communication or Content posted or transmitted on the Site by any Customer, or any third party.
      All liability, whether civil or criminal arising out of any content that is hosted or transmitted through the website will be of that Customer / Third party who has Hosted such content or communicated / transmitted such content or information. We reserve the right to claim damages from such Customer / Third party that it may suffer as a result of such Content posted on the site or transmission of information through communication of any kind.
      If you are in Do Not Disturb (DND) subscriber list with any telecom operator / authority / organization you need to intimate us. Further, you agree that you have no objection in receiving any messages by any means. We are not liable to any third party if it receives any kind of message / information (under any circumstances) by any customer using the service; even if you are in Do Not Disturb (DND) subscriber list, the sender / customer is solely responsible and liable for the delivery of message / information which is generated by him.
    4. Limitation of Liability
      You expressly understand and agree that Helical Power, its subsidiaries and affiliates, shall not be liable to you or any third person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from, arising out of or any way related to:
      1. the use or the inability to use the service;
      2. any data, information, or services availed or messages received or transactions entered into through or from the service;
      3. unauthorised access to or alteration of your transmissions or data;
      4. statements or conduct of any third party on the service; or
      5. any other matter relating to the service.
    5. Indemnity You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable lawyer's fees, made by any third party due to or arising out of your breach of the Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

    PRIVACY POLICY

    Helical Power respects the privacy of every individual or company who visits our Web site, sends us e-mail or otherwise interacts with us online. This Privacy Statement outlines the information Helical Power will collect and how we will use that information. We realize that the exciting growth of the Internet and online services raises questions concerning the nature, use and confidentiality of information collected about consumers.

    While information is the cornerstone of our ability to provide superior service, our most important asset is our customers' trust. The protection of personal information is very important to Helical Power. We will safeguard, according to strict standards of security and confidentiality, any information our customers share with us. Helical Power wants you to understand when and how personal information is collected, used, disclosed and protected in terms of Information Technology Act, 2000 and rules thereunder.

    Most importantly, you agree and consent to the fact that Helical Power may collect, use and disclose your Personal Information in accordance with this Policy. If you do not agree with these terms, you are requested not to provide any personal information to Helical Power.

    1. Helical Power collects personal information when you use our services, which information includes your name, business name, mailing address, telephone number, fax number, and e-mail address that will permit us to identify you and complete your purchase transaction. And other information that you may enter during the use of the website, that may remain stored in our database and form part of your profile or otherwise.
    2. Helical Power collects and treats the sensitive information in terms of Information Technology Act, 2000 read with the rules thereunder, as under:
      1. Account Password: The registration requires you to create a password for accessing of Helical Power services, which is confidential and sensitive information, collected and retained within Helical Power database. But the said sensitive information is just used by you as a Helical Power user for gaining access to the services and is not used or accessed by Helical Power in any way.
      2. Financial Information: The payment is made by a secured Payment Gateway at Helical Power, the said financial information is processed at the Payment Gateway, who are PCI Compliant and do not retain the sensitive information for the period more than required. The said online payments are additionally subject to an independent agreement with the payment gateway provider, which is CCAVENUE, and agreement is https://www.ccavenue.com/agreement.jsp.

      In case of exceptional circumstances, if you intend to make payment through a negotiable instrument, the Bank Details may be visible on the cheques made available, but the complete bank account details are never noted down or processed for any reasons whatsoever at Helical Power. Though we recommend direct deposit of payments in our Bank Account either electronic transfer or by drop of cheque.

      Helical Power also collects other basic information by your use of our services. Which includes statistics on our server logs from your browser, including IP address. Also information like Device information, Location information, Cookies and other anonymous identifiers may be used to identify you or your device.

      Helical Power collects information through the use of a technology called "cookies". A cookie is a small file that a web site can send to your browser, which is then stored on your system by your browser. The use of cookie technology is solely for internal marketing purposes. If you are uncomfortable accepting cookies from our Site or any other, you can set your browser to notify you when a Site attempts to send you a cookie, giving you the opportunity to decide for yourself whether or not to accept the cookies. You can also set your browser to turn off cookies.

      If you are using our Service on mobile, we may use mobile device IDs (the unique identifier assigned to a device by the manufacturer), instead of cookies, to recognize you. We may do this to store your preferences and track your use of the Applications. Unlike cookies, device IDs cannot be deleted.

    3. Helical Power limits the collection and use of customer information to the minimum we require to deliver superior service to our customers, which includes advising our customers about our products, services and other opportunities, and to administer our business.
      We use the personal information (other than the sensitive information) for fulfilling your need and requests for products and services, improve user experience, sending transactional emails and/or newsletters/notification you have opted or, for displaying relevant advertisement according to your location, products/services rendered, etc.
    4. Helical Power do not rent, sell, or share personal information about you with any third parties, except when we have specifically obtained your consent at the time of collection of the information and / or to provide products or services you've requested, or under the following circumstances:
      1. We provide the information to trusted partners who work on our behalf of or with us under confidentiality agreements for the purpose of creating / modifying / maintaining the site. However, these companies do not have any independent right to share / use this information for any other purpose, except for that specifically authorised by us.
        Further, no outside agency has been authorized for the purpose of handling any sensitive information till now but as and when any such information is available, the details would be posted here as to the same;
      2. We will not reveal your information to any external organization unless in the case where you have requested to be contacted by a third party like EPC contractors, banks, etc. Though, this Privacy Policy does not apply to the practices of third parties that we do not own or control, such as EPC companies, banks, financial institutions or any third party websites, content sources, services and applications that you elect to access through Helical Power, or to individuals that we do not manage or employ. While we attempt to facilitate access only to those Third Party Services that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those Third Party Services. We encourage you to carefully review the privacy policies of any Third Party Services you access or choose;
      3. We respond to court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims, when we believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of User Agreement, or as otherwise required by law;
      4. We transfer information about you if our site is acquired by or merged with another company i.e. to a successor entity in connection with an organizational merger, consolidation, sale of assets or other managing entity change respecting the Website.. In this event, we will notify you before information about you are transferred and becomes subject to a different privacy policy;

      Helical Power never uses or share the personally identifiable information provided to us online, in ways or for reasons unrelated to the ones described above. You may adjust your privacy and profile information by changing details in your account.

    5. Helical Power reserves the right to keep a register of transactions performed by way of its computer resources and telecommunications network and the right to analyze information in order to detect unauthorized, illicit or illegal activities on its server. And even to erase from its computer resources any illegal content or information, in contravention of the terms of Information Technology Act and/or any other law for the time being in force, after having knowledge about the same.
    6. Helical Power reserve the right to send you certain communications relating to our services or sponsored advertisements, administrative messages and the Newsletter, that are considered part of your registered account, with an option for you to stop receiving them. We shall also send you emails which shall contain information about our existing or new services or features.
      However, If you do not wish to receive email from us in the future, please let us know by clicking the UNSUBSCRIBE link on any e-newsletter you receive from us after registration.
    7. Personal information about users that is maintained on Helical Power systems and is protected using industry standard security measures. We maintain a variety of physical, electronic, and procedural safeguards to guard your personal information. Also, we use encryption technologies to protect your account information when you are viewing your bill on our Website or via email. You should be aware that Helical Power has no control over the security of other sites on the Internet you might visit, interact with, or from which you buy products or services. You should keep your user name, password or other access information safe and confidential to protect against unauthorized access to your account information and services. And you must adopt passwords that others may not guess easily.
    8. You may also request that Helical Power may delete your Personal Information from system and records. Additionally, you may delete your account anytime at your own free will. However, due to technical constraints and the fact that we backs up our systems at regular intervals. Personal Information may continue to reside in our systems after deletion for some limited time.
    9. Helical Power holding sensitive/ personal data or information of providers of information, shall not retain such information for longer than is required for the purposes for which the information may lawfully be used or is otherwise required under the User Agreement or any other law for the time being in force or unless ordered to the contrary by any order of court of law. The information collected shall be used for the purpose for which it has been collected.
      The information is collected and retained by Helical Power on it’s server located in USA, while backup is maintained at its office at Mumbai, India.
    10. We may update this policy from time to time. We may notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your website's registered account or by placing a notice on our site for a reasonable period of time
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