1.1. BHAAV10X WEB TECHNOLOGIES LLP, operating under the brand name “Bhaarat EcoPower” (“We”, “Our”, “Us” or the “Company”), is a limited liability partnership incorporated under the laws of India, having its office at 400-A, 4th Floor, 12 Ajit Singh House, Yusuf Sarai Commercial Complex, Green Park, New Delhi – 110016, and is engaged, inter alia, in the business of renewable energy and energy infrastructure solutions, including solar energy solutions, engineering, procurement and construction, operations and maintenance, power purchase and related commercial models, battery charging and swapping infrastructure and related services (collectively, the “Services”).
1.2. For the purposes of these Terms of Use (“Terms”), “Website” means https://bhaaratecopower.com/ and the webpages, forms, functionality, content and services made available through or in connection with it. Any person who accesses, browses or uses the Website, submits an enquiry or request for quotation, proposal or pilot, uploads information or materials through the Website, or otherwise interacts with the Website shall be referred to as the “User”, “You” or “Your”.
1.3. These Terms govern Your access to and use of the Website. By accessing or using the Website, You agree to comply with these Terms to the extent applicable to Your use of the Website. Where the Website provides an affirmative mechanism for acceptance of these Terms, Your use of such mechanism constitutes Your agreement to be bound by these Terms. If You do not agree with these Terms, You should not use the Website or submit information through it.
1.4. Where You access or use the Website, submit information or communicate with the Company on behalf of a company, partnership, institution, governmental body or other organisation, You represent that You are authorised to act on behalf of such organisation in connection with the relevant interaction.
1.5. These Terms govern access to and use of the Website. They do not, by themselves, govern the provision of any solar installation, power supply, power purchase arrangement, EPC or O&M service, battery charging or swapping infrastructure, financing arrangement or other Service ultimately supplied by or through the Company. Such Services may be subject to separate proposals, quotations, work orders, power purchase agreements, EPC agreements, O&M agreements, service agreements or other definitive agreements between the relevant parties.
2.1. The Website and the Services are intended primarily for adults, businesses, institutions and other organisations and are not directed at children.
2.2. If You submit a commercial enquiry, request a quotation, proposal, pilot or Service, or otherwise purport to enter into a binding arrangement with the Company, You represent that You have attained the age of majority under applicable law and are competent to contract under the Indian Contract Act, 1872.
2.3. Where You act on behalf of an organisation, You further represent that You have the authority necessary to provide the relevant information and communicate with the Company on behalf of that organisation.
3.1. The Website is intended to provide general information regarding the Company, its business, the Services and renewable-energy and energy-infrastructure solutions that may be offered by the Company from time to time.
3.2. Unless expressly stated otherwise in a definitive written agreement entered into by the Company, the information appearing on the Website does not constitute a binding offer, quotation, warranty, guarantee, commitment or contractual undertaking by the Company.
3.3. The submission of an enquiry, request for quotation, request for proposal, request for pilot, financing requirement, site information, photograph or other information through the Website constitutes a request by You for the Company to consider or respond to Your requirements. Such submission does not constitute acceptance by the Company of any proposed project, order, financing request or commercial arrangement and does not, by itself, create any obligation upon the Company to provide the relevant Service.
3.4. Any response, preliminary discussion, indicative proposal, estimate or other communication issued following a Website enquiry may remain subject to further technical, commercial, financial, legal and regulatory assessment and to the terms stated in the relevant communication.
3.5. A binding obligation to provide any Service will arise only in accordance with a definitive agreement, quotation, work order or other documentation validly entered into or accepted by the relevant parties.
3.6. Where there is any inconsistency between general information appearing on the Website and a definitive agreement entered into for a particular Service, the definitive agreement shall govern that Service to the extent of such inconsistency, subject always to applicable law.
4.1. The Website may contain information regarding Services including power purchase arrangements, open-access renewable-energy solutions, captive or distributed renewable-energy solutions, commercial and industrial rooftop solar solutions, engineering, procurement and construction services, operations and maintenance services, short-term construction energy solutions, battery charging and swapping infrastructure, energy optimisation solutions and other related offerings.
4.2. The description of a Service on the Website does not mean that such Service will necessarily be available to every User, at every location or on identical commercial, technical or regulatory terms.
4.3. The availability, configuration and feasibility of a Service may depend upon project-specific circumstances including the nature and location of the site, electricity consumption, sanctioned load, applicable tariff category, grid connectivity, applicable DISCOM requirements, technical feasibility, land or rooftop conditions, project capacity, equipment availability, credit assessment, financing, applicable law, governmental approvals and regulatory requirements.
4.4. The Company may request additional information or documentation and may conduct technical studies, site visits, surveys, due diligence, financial assessments or other verification before determining the feasibility or commercial terms of a proposed Service.
4.5. Subject to applicable law and any contractual obligation already undertaken by the Company, the Company may decline to proceed with a proposed Service where the relevant project is technically, commercially, financially, legally or operationally unsuitable.
5.1. Information made available through the Website concerning solar energy, power purchase arrangements, open access, captive or distributed renewable- energy solutions, EPC, O&M, net metering, electricity generation, tariffs, project capacity and related Services is general in nature and may require project-specific technical, commercial and regulatory assessment.
5.2. Any estimate, illustration or projection concerning electricity-cost savings, tariffs, electricity generation, financial benefits, payback, project performance or other outcomes may depend upon project-specific assumptions, conditions and information and should be considered together with any qualifications or assumptions accompanying the relevant statement.
5.3. Any project-specific guarantee or commitment concerning tariffs, savings, generation, performance, availability, uptime, project duration, investment obligations or other commercial or technical parameters shall be governed by the definitive agreement applicable to the relevant project.
5.4. Actual solar generation and project performance may be affected by circumstances including solar irradiation, weather conditions, shading, site conditions, degradation, equipment specifications, grid availability, curtailment, outages, maintenance requirements, electricity-consumption patterns and other technical or operational factors.
5.5. Any information regarding net metering, open access, captive arrangements, grid connectivity, DISCOM processes, statutory approvals, governmental incentives or other regulatory matters is subject to the applicable laws, regulations, policies and regulatory framework in force from time to time and to decisions of the relevant governmental, regulatory or distribution authorities.
5.6. Any project timeline, installation period, commissioning estimate, technical specification, system configuration, illustration, drawing, process description or equipment reference appearing on the Website is indicative unless expressly incorporated into the definitive documentation applicable to the relevant project.
5.7. Nothing in these Terms excludes or limits any responsibility of the Company under applicable law in relation to the accuracy or substantiation of representations or claims made by the Company.
6.1. Information on the Website regarding battery charging, battery swapping, battery-management systems, station availability, deployment, interoperability, charging or swapping times, fleet applications or other electric-mobility infrastructure describes solutions that the Company may offer or facilitate and may require project-specific assessment.
6.2. Actual availability, performance, compatibility, charging or swapping times, uptime, deployment periods and technical configurations may depend upon circumstances including battery architecture, battery-management systems, vehicle and OEM requirements, site conditions, grid and electricity availability, equipment specifications, maintenance requirements and utilisation levels.
6.3. References to governmental schemes, subsidies, incentives, policies, guidelines or regulatory frameworks are for general informational purposes and must be understood by reference to the applicable law, policy or scheme in force at the relevant time.
6.4. Eligibility for any governmental incentive, subsidy, approval or benefit is subject to the applicable scheme or regulatory framework and the relevant eligibility requirements and is not guaranteed merely because a Service or project is described on the Website.
6.5. Where any Website content regarding a governmental scheme, policy, incentive or regulatory framework has ceased to reflect the current legal position, the applicable law, notification, policy or scheme in force at the relevant time shall govern.
7.1. Where the Website permits You to indicate that financing or a loan is required, such indication constitutes a request for information or assistance relating to financing and does not constitute a loan application, sanction, approval, offer of credit or commitment to provide financing.
7.2. Where any financing is offered by a bank, non-banking financial company or other third-party financial institution, the availability and terms of such financing shall remain subject to the independent eligibility criteria, credit assessment, documentation, approval and contractual terms of the relevant provider.
7.3. Unless expressly agreed otherwise in writing, the Company does not guarantee approval of financing, the amount of financing that may be offered, the applicable rate of interest, repayment period or any other financing term.
8.1. You shall ensure, to the best of Your knowledge, that information submitted by You through the Website is accurate, complete and not misleading in any material respect.
8.2. Where You submit or upload photographs, documents, drawings, site information or other material, You represent that You have the necessary authority and rights to provide such material to the Company for the purpose for which it is submitted.
8.3. You shall not submit any material that is unlawful, fraudulent, defamatory, malicious, infringing or in violation of the intellectual property, confidentiality, privacy or other rights of another person.
8.4. You should not submit Sensitive Personal Data or Information, identification documents, banking credentials or other unnecessary sensitive information through general Website enquiry or upload functionality unless such information has specifically been requested by the Company for a lawful purpose.
8.5. You retain any rights You may have in materials submitted by You. By submitting materials to the Company through the Website, You grant the Company a limited, non-exclusive right to access, reproduce, internally share and otherwise use such materials only to the extent reasonably necessary to respond to Your enquiry, assess Your requirements, evaluate the relevant project, provide or propose the requested Service, comply with applicable law or otherwise carry out the purpose for which the material was submitted.
8.6. Personal Data contained in any information or material submitted by You will be processed in accordance with the Privacy Policy.
9.1. Subject to these Terms, You may access and use the Website for lawful purposes, including obtaining information regarding the Company and the Services and communicating legitimate enquiries to the Company.
9.2. You shall not:
10.1. Unless otherwise expressly stated, all rights, title and interest in the Website and its content, including text, graphics, photographs, images, designs, layouts, logos, trade names, trademarks, service marks, videos, illustrations, software and other materials, are owned by or licensed to the Company or the relevant third-party rights holder and are protected by applicable intellectual property laws.
10.2. Subject to Your compliance with these Terms, the Company grants You a limited, revocable, non-exclusive, non-transferable and non-sublicensable permission to access and view Website content for lawful informational and internal business purposes.
10.3. No right, title or interest in any intellectual property belonging to the Company or its licensors is transferred to You merely because You access or use the Website.
10.4. “Bhaarat EcoPower”, the Bhaarat EcoPower logo and any other trade names, marks, logos or branding owned or used by the Company may not be reproduced, displayed or used without the Company's prior written permission except where such use is expressly permitted by applicable law.
10.5. Nothing on the Website shall be construed as granting any licence or right in any patent, copyright, trademark, design, trade secret or other intellectual property except as expressly provided under these Terms.
11.1. The Website may contain links to, integrations with, references to or content made available by third-party websites, service providers or other persons.
11.2. Such links or references may be provided for convenience or functionality and do not, merely by their inclusion, constitute an endorsement, recommendation, sponsorship or guarantee by the Company of the relevant third party or of its products, services, content or practices.
11.3. The Company does not control third-party websites or services and is not responsible for their availability, security, content, accuracy, terms or independent practices.
11.4. Your use of a third-party website or service may be governed by separate terms, privacy policies and contractual arrangements between You and the relevant third party.
12.1. The collection, use, storage, disclosure and other processing of Personal Data in connection with the Website is governed by the Company's Privacy Policy available on the Website, which should be read together with these Terms.
12.2. These Terms do not, by themselves, constitute consent to the processing of Personal Data where applicable data protection law requires separate consent or another lawful basis for a particular processing activity.
12.3. The Website may use cookies and similar technologies in accordance with the Privacy Policy, the Company's Cookie Policy, where applicable, and the choices made by You through any cookie-preference or consent-management mechanism made available on the Website.
13.1. Where You submit an enquiry, request a quotation, proposal, pilot, site assessment, financing-related assistance or other information through the Website, the Company may communicate with You through the contact details provided by You for purposes reasonably connected with that request.
13.2. Such communications may include telephone calls, emails, WhatsApp messages or other communications reasonably required to respond to Your enquiry, assess Your requirements, arrange a site visit, provide a quotation or proposal, or provide information concerning the Service requested by You.
13.3. Promotional or marketing communications that are not necessary for responding to Your request will be governed by the Privacy Policy and any marketing consent provided by You. Submission of a general enquiry shall not, by itself, be treated as consent to receive unrelated marketing communications where separate consent is required under applicable law.
14.1. The Company will endeavour to keep material information appearing on the Website reasonably accurate and current. Website content may nevertheless contain errors, omissions or information that becomes outdated due to changes in technology, equipment, tariffs, regulations, governmental policies, commercial arrangements or other circumstances.
14.2. Subject to applicable law, the Company may modify, correct, update, replace or remove Website content from time to time.
14.3. Before entering into or materially relying upon a proposed project or Service, You should obtain project-specific information from the Company and review the applicable proposal, quotation and definitive agreement.
15.1. The Company does not warrant that the Website or any particular functionality will be continuously available, uninterrupted, error-free or free from every security vulnerability.
15.2. The Company may suspend, restrict, modify or discontinue all or any part of the Website where reasonably necessary for maintenance, security, technical, operational, legal or business reasons.
15.3. While the Company takes reasonable measures to protect the Website, You are responsible for implementing appropriate safeguards on the device and systems through which You access the Website.
16.1. To the fullest extent permitted by applicable law, the Website and its content are provided for general informational purposes and on an “as available” basis.
16.2. Except for representations or commitments expressly contained in a definitive agreement, and subject always to applicable law, the Company does not make any representation or warranty concerning the completeness, suitability or availability of general Website content or any preliminary estimate, illustration, projection or description made available through the Website.
16.3. Website content does not constitute legal, regulatory, tax, investment or financial advice and should not be relied upon as a substitute for advice appropriate to Your particular circumstances.
16.4. Any testimonial or account of customer experience appearing on the Website describes the experience or opinion attributed to the relevant person and does not constitute a representation that another User will necessarily achieve the same result.
16.5. Nothing in this Section excludes or limits any representation, warranty, duty, statutory right or liability that cannot lawfully be excluded or limited.
17.1. To the fullest extent permitted by applicable law, the Company, its partners, officers, employees, representatives, affiliates and service providers shall not be liable for any indirect, incidental, special, exemplary, punitive or consequential loss or damage arising solely out of or in connection with Your access to, use of or inability to use the Website or reliance upon general Website content, including loss of profits, revenue, business opportunity, anticipated savings, goodwill or data.
17.2. Subject to applicable law, the Company will not be responsible for loss or damage arising from circumstances beyond its reasonable control, third-party websites or services, unauthorised interference with the Website, or materially inaccurate or incomplete information submitted by a User.
17.3. The limitations contained in this Section relate to use of the Website and Website content. Liability arising under a PPA, EPC agreement, O&M agreement, work order, service agreement or other definitive agreement shall be governed by the terms of the relevant agreement.
17.4. Nothing in these Terms excludes or limits liability for fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited, and nothing in these Terms affects any statutory right or remedy that cannot validly be waived.
18.1. To the extent permitted by applicable law, You agree to indemnify and hold harmless the Company and its partners, officers, employees and representatives against third-party claims, liabilities, losses, damages, costs and reasonable expenses arising out of or in connection with:
18.2. This Section shall not require You to indemnify the Company to the extent that the relevant loss or liability arises from the Company's own fraud, wilful misconduct or violation of applicable law.
19.1. The Company may restrict, suspend or block Your access to the Website, in whole or in part, where the Company reasonably believes that:
19.2. Where reasonably practicable, the Company may provide notice of such action. Prior notice will not be required where immediate action is reasonably necessary for security, legal or operational reasons.
20.1. The Company may update these Terms from time to time to reflect changes in the Website, the Services, applicable law, technology or the Company's business practices.
20.2. Updated Terms will be published on the Website together with the date on which they were last updated.
20.3. Your continued use of the Website following the effective date of updated Terms will constitute acceptance of those updated Terms to the extent permitted by applicable law. Where the nature of a change requires express acceptance under applicable law, the Company may obtain such acceptance through an appropriate mechanism.
21.1. These Terms and Your use of the Website shall be governed by and construed in accordance with the laws of India.
21.2. Subject to any mandatory statutory forum, jurisdiction or remedy available to a person under applicable law, including any jurisdiction that cannot validly be excluded by agreement, the courts at New Delhi, India shall have exclusive jurisdiction over disputes arising out of or in connection with these Terms or use of the Website.
22.1. Severability. If any provision of these Terms is held to be invalid, illegal or unenforceable, such provision shall, to the extent permitted by law, be severed or applied to the maximum extent lawfully possible, and the remaining provisions shall continue in effect.
22.2. Waiver. No failure or delay by the Company in exercising a right or remedy under these Terms shall operate as a waiver of that right or remedy.
22.3. Assignment. You may not assign or transfer any right or obligation under these Terms without the prior written consent of the Company. The Company may assign or transfer its rights and obligations in connection with a merger, restructuring, acquisition, transfer of business or similar transaction, subject to applicable law.
22.4. Entire Agreement Regarding Website Use. These Terms, together with the Privacy Policy and any other policy expressly incorporated by reference, constitute the agreement between You and the Company concerning access to and use of the Website. They do not replace or modify any definitive agreement separately entered into in relation to the Services.
22.5. Conflict with Service Agreements. Where You enter into a separate agreement with the Company concerning a Service, that agreement shall govern the relevant Service. In the event of any inconsistency between these Terms and the separate agreement regarding that Service, the separate agreement shall prevail.
22.6. Survival. Provisions which by their nature are intended to survive cessation of Website use, including provisions concerning intellectual property, disclaimers, limitation of liability, indemnity, governing law and jurisdiction, shall survive accordingly.
23.1. If You have any questions regarding these Terms or the Website, You may contact the Company at:
BHAAV10X WEB TECHNOLOGIES LLP
Operating under the brand name “Bhaarat EcoPower”
Address:
400-A, 4th Floor, 12 Ajit Singh House,
Yusuf Sarai Commercial Complex,
Green Park, New Delhi – 110016
Email: legal@bhaaratecopower.com
Phone: 011-46085344