SolarXgen Terms of Use

Last updated: October 22, 2016

Welcome to SolarXgen.com. These Terms of Service (the “Terms“) are a binding legal agreement between you and SolarXgen Inc. (“SolarXgen” or “we“), regarding your use of our website (www.SolarXgen.com) and our services, including our services available through our online tools or other applications (the website and services are collectively referred to as the “Service“). Please read these Terms carefully.

In addition, when using certain features of the Service, such as any downloadable software applications and the Credit Tool that we make available, you also will be subject to any additional guidelines, terms, or agreements applicable to such features (“Policies“). All such Policies are incorporated by reference into these Terms. If these Terms are inconsistent with any Policy, the terms in the Policy will control.

We may periodically make changes to these Terms. By accessing or using the Service or downloading and installing the application, you accept these Terms and any modifications that we may make to these Terms. It is your responsibility to review the most recent version of the Terms frequently and remain informed of any changes to it. If you continue to use the Service after we modify these Terms, you will be deemed to have consented to terms of the modified Agreement for your use of the Service as of the date of the modification. If you do not agree with any provision of these Terms, you must not use the Service.

1. The Service

SolarXgen provides a simple and affordable option for home-owners who want to switch to solar energy. Home-owners can receive free quotes for home solar solutions. SolarXgen uses only their own staff installers or partners with top PV panel installation companies to install solar systems. SolarXgen monitors the performance of your system and provides full insurance and a money-back performance guarantee. SolarXgen delivers an assortment of services through the customer website, including the ability for customers to pay their SolarXgen bill and view the output of their solar power system.

2. Eligibility

You must be 18 years of age or older to use the Service. Use of the Service is void where prohibited. You represent and warrant that any profile information you submit is true and accurate and that you are 18 years of age or older and are fully able and competent to enter into and abide by these Terms. The Services are not intended for those under the age of 18.

3. Account Registration

If you have entered into a Solar Power Purchase Agreement or Lease Agreement with SolarXgen (“SolarXgen Customer“), you must register for an online account to use certain features of the Service. You may be required to provide billing or additional information. When you register, you agree to (a) provide accurate, current and complete information about you as may be prompted by registration forms on the Service (“Registration Data“); (b) maintain the security of any logins, passwords, or other credentials that you select or that are provided to you for use on the Service; and (c) maintain and promptly update the Registration Data, and any other information you provide to us, and to keep all such information accurate, current, and complete. You will notify us immediately of any unauthorized use of your account or any other breach of security by emailing us at customercare@SolarXgen.com.

4. Payments by SolarXgen Customers

You may use the Service to pay invoices from SolarXgen, including your monthly invoice for your lease or your electricity production, either an estimated amount or the actual amount generated. SolarXgen reserves the right to implement fees or change the fees for certain Services at any time by providing you notice on the Service or otherwise.

If you elect to use the Service to pay invoices from SolarXgen, you authorize SolarXgen to charge or to direct its third party payment processors to charge the credit card, debit card, or bank account identified by you (which you represent and warrant that you are authorized to use) for the amount of the selected invoice in South African Rands, including all applicable taxes. If you choose to use the Service to make recurring payments, you agree that your credit card, debit card, or bank account will automatically be charged by SolarXgen or its third party payment processors. If you wish to terminate a recurring payment and avoid a charge for a subsequent time period, you must do so at least 7 days before the next recurring payment. You may cancel a recurring payment by emailing SolarXgen at customercare@SolarXgen.com

If SolarXgen does not receive payment from your credit card provider or bank, you agree to pay all amounts due upon demand, and SolarXgen may suspend your access to the Service in addition to any other remedies SolarXgen may have under this Agreement or the Solar Power Service Agreement. SolarXgen reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds, and over the credit limit fees. You agree to notify us about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies. All sales are final and SolarXgen will not issue refunds.

5. Promotions

As a part of the Service, we may email or provide you offers and other specials from SolarXgen or from third parties (collectively “Promotions“). Promotions may expire, and are otherwise subject to change without notice. We have no control over their legality or the ability of any third-party to complete a Promotion (including the sale in accordance with the offer).

6. Use of Data

Depending on your user settings and what information you provide us, SolarXgen may help you monitor your home solar power system by providing you with data, including statistics about your solar power system, projections about future usage, or statistics about your monthly invoices (“Data“). While the Data may represent how your solar system is functioning, the Data is not strictly used in the calculation of your monthly invoices. Also, some of the Data may not post to the Service immediately (e.g., your system output).

Any Data on the Service is for informational purposes only. SolarXgen does not confirm the accuracy of any Data posted to the Service. SolarXgen is not responsible for your use of the Data.

7. Credit Tool

SolarXgen may provide you the opportunity to run a credit report through a third party (“Credit Tool“). To use the Credit Tool, you must enter certain personal information, including financial information. By using the Credit Tool, you consent to SolarXgen using your consumer report to help determine if you qualify for certain features of the Service.

8. Use Restrictions

You will not: (a) use the Service for any commercial purpose (unless you have entered into a separate agreement with SolarXgen expressly permitting commercial use); (b) use the Service to “stalk” or harass any person; (c) access, monitor, or copy any content or information on the Service using any robot, spider, scraper, or other automated means or any manual process, including phishing, for any purpose without our express written permission; (d) violate the restrictions in any robot exclusion headers on the Service or bypass or circumvent other measures employed to prevent or limit access to the Service; (e) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (f) “frame,” “mirror,” or otherwise incorporate any part of the Service into any other website without our prior written authorization; or (g) intentionally or unintentionally violate any applicable local, state, national, or international law or regulation.

9. Interactive Services

The Service may include interactive features and services, including social networking functionality, forums, message boards, and similar services, in which you or third parties may send messages to Service users, and create, post, or store profile data, photographs, ratings or reviews, and other content on the Service (“Interactive Services“). You are solely responsible for your use of Interactive Services and use them at your own risk. By using any Interactive Services, you agree not to post, transmit, distribute, upload, or otherwise disseminate through the Service any of the following:

• Material that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
• Material that violates, or that causes us or our affiliates, subsidiaries, or partners to violate, any applicable law, regulation, or order of any governmental authority in any jurisdiction;
• Material that infringes or violates, or that may infringe or violate, any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or that you otherwise do not have the right to make available;
• Private or confidential information of any person or entity, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers, and any trade secrets or information for which you have any obligation of confidentiality or material that impersonates any person or entity, or misrepresents your affiliation with the Service or with any other person or entity;
• Material that is or contains any advertising or solicitation, including, without limitation, links to commercial products or services or any political campaigning (except in portions of the Service that are expressly designated as portions in which such material is allowed);
• Comments that in any way refer to persons under 18 years of age;
• Viruses, corrupted data, or other harmful, disruptive, or destructive files; or
• Material that, in our sole judgement, is objectionable, restricts or inhibits any person or entity from using or enjoying any Interactive Services or other portions of the Service, or which may expose us or our users to harm or liability of any nature.

ANY MATERIAL THAT YOU SUBMIT OR UPLOAD TO PUBLIC OR COMMON AREAS OF THE SERVICE, INCLUDING PHOTOGRAPHS OF YOURSELF OR YOUR HOUSE, WILL BE PUBLICLY AVAILABLE. ALSO ANY MATERIAL YOU SUBMIT THROUGH OUR SOCIAL MEDIA SHARING FEATURES MAY BE PUBLICLY AVAILABLE ON THE SERVICE. IF YOU DO NOT WANT ANY MATERIAL TO BE AVAILABLE TO OTHERS, DO NOT UPLOAD THAT MATERIAL TO ANY PUBLIC OR COMMON AREA OF THE SERVICE AND DO NOT SUBMIT THAT MATERIAL THROUGH OUR SOCIAL MEDIA SHARING FEATURES.

We take no responsibility and assume no liability for any material posted, stored, or uploaded by you or any third party, or for any loss or damage to any of that material. Although we have no obligation to screen, edit, or monitor any material posted on or transmitted through the Service, we reserve the right, and have absolute discretion, to remove, screen, and edit any material posted, stored, or transmitted on or through the Service at any time and for any reason without notice.

If you post material on or through the Service, then, unless we indicate otherwise, you: (a) grant us and our subsidiaries and affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such material throughout the world in any media; (b) grant us and our affiliates, subsidiaries, and sub licensees the right to use the name that you submit in connection with such material, if we choose; and (c) represent and warrant that you own and control all of the rights to the material that you post, or you otherwise have the right to post such material to the Service; and the use and posting of material you supply does not violate these Terms, will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for us or for third parties.

You acknowledge and agree that SolarXgen may preserve any profile data, photographs, and other content (“Content“) and may also disclose Content if required to do so by law or if SolarXgen believes in good faith that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of SolarXgen, its users or the public.

10. Modifications to the Service

SolarXgen reserves the right to modify, discontinue, and restrict, temporarily or permanently, all or part of the Service without notice in our sole discretion. Neither we nor our suppliers or licensor’s will be liable to you or to any third party for any modification, discontinuance, or restriction of the Service.

11. Term and Termination

Your online account remains in effect unless you cancel it or unless SolarXgen terminates your account as provided by these Terms. To terminate your online account, please email SolarXgen at customercare@SolarXgen.com. You may not terminate your written Solar Power Purchase Agreement or Lease Agreement by emailing SolarXgen. Notwithstanding any provision of these Terms, we reserve the right, without notice and in our sole discretion, to terminate your account and to block, restrict, and prevent your future access to, and use of, the Service.

12. Feedback

Any materials, including but not limited to comments, suggestions, ideas, or other information, provided by you in the form of email or other submissions to us (excluding material that you post on the Service in accordance with these Terms) (collectively “Feedback“), are non-confidential and you hereby grant to us and our subsidiaries and affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use your Feedback for any purpose without compensation or attribution to you.

13. Copyright Infringement

We respect the intellectual property rights of others, and ask you to do the same. It is our policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on the Service in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed, and identification of the time(s) and date(s) the material that you claim is infringing was displayed on the Service; (3) your address, telephone number, and email address; (4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

If you believe that your user content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your user content, you may send a counter-notice containing the following information to the copyright agent: (1) Your physical or electronic signature; (2) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (3) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (4) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the Johannesburg Magistrates Court, Gauteng and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the copyright agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Our designated agent for notice of copyright infringement can be reached at:

SolarXgen (Pty) Ltd.
Attention: Intellectual Property
PO Box 1194 Bedfordview, 2008
customercare@SolarXgen.com

14. Trademarks

SolarXgen, the SolarXgen logo, and any other product or service name or slogan contained on the Service are trademarks or registered trademarks of SolarXgen and its suppliers or licensor’s, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the applicable trademark holder. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa.

15. Ownership

We, our affiliates, and our suppliers and licensor’s own all right, title, and interest, including all intellectual property rights, in and to the Service. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you.

16. Third-Party Content

The Service may contain links to Web pages and content of third parties (“Third-Party Content“) as a service to those interested in this information. We do not monitor, endorse, or adopt, or have any control over, any Third-Party Content. We undertake no responsibility to update or review any Third-Party Content and can make no guarantee as to its accuracy or completeness.

Additionally, if you follow a link or otherwise navigate away from the Service, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content provider to which you navigate from the Service. You access and use Third-Party Content at your own risk.

The Service may contain advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.

17. Privacy Policy

We may collect registration and other information about you through the Service. Our collection and use of this information is described in the Privacy Policy available at http://www.SolarXgen.com/privacy-policy.

18. Indemnification

You will defend, indemnify and hold harmless SolarXgen, its subsidiaries, affiliates, partners and third-party advertisers and their respective directors, officers, agents, employees, licensor’s, and suppliers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

19. Disclaimer of Warranties

YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT ACCESSIBLE THROUGH THE SERVICE AND YOUR INTERACTIONS AND DEALINGS WITH ANY SERVICE USERS, IS AT YOUR SOLE RISK. THE SERVICE, AND ALL CONTENT AVAILABLE ON AND THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SOLARXGEN AND ITS SUPPLIERS AND LICENSOR’S EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOLARXGEN DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE OR YOUR ACCESS TO ANY CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE WILL CREATE ANY WARRANTY REGARDING SOLARXGEN THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

WITHOUT LIMITING THIS SECTION, SOLARXGEN MAKES NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR USEFULNESS OF ANY INFORMATION CONTAINED OR REFERENCED IN THE SERVICE, INCLUDING ANY DATA. TECHNOLOGY CHANGES FREQUENTLY AND THEREFORE INFORMATION CONTAINED ON THE SERVICE MAY BE OUTDATED, INCOMPLETE OR INCORRECT. SOLARXGEN DOES NOT ASSUME ANY RISK WHATSOEVER FOR YOUR USE OF THE SERVICE OR THE DATA CONTAINED ON THE SERVICE.

20. Limitation of Liability

NEITHER SOLARXGEN NOR ITS SUPPLIERS OR LICENSOR’S WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SOLARXGEN OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THE MAXIMUM TOTAL LIABILITY OF SOLARXGEN AND ITS SUPPLIERS AND LICENSOR’S TO YOU FOR ALL CLAIMS UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS R1000. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

21. Consent to Electronic Communications

By using the Service, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

22. General Legal Notices

Our failure to act in a particular circumstance does not waive our ability to act with respect to that circumstance or similar circumstances. Any provision of these Terms that is found to be invalid, unlawful, or unenforceable will be severed from these Terms, and the remaining provisions of these Terms will continue to be in full force and effect. The section headings and titles in these Terms are for convenience only and have no legal or contractual effect. Any provision in these Terms that by its nature should survive the termination of your license to access the Service or any termination of these Terms (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination.

These Terms are governed by the laws of South Africa, excluding conflict of laws principles. Any controversy or claim arising out of or relating to the Service or these Terms must be commenced within one year after the claim arose