Last Modified: 25th May 2023
These Terms of Use set forth the terms and conditions that apply to the access and use of the application located at https://luminous-iotdevices.azurewebsites.net/ and its mobile application, which is owned, managed and operated by Luminous Power Technologies Private Limited, a private limited company incorporated under the (Indian) Companies Act, 1956 (hereinafter referred to as “Company”/“We”/“Us”). For the purpose of these Terms of Use, the term “Application” includes the website as well as the mobile phone application with the name “Connect By Luminous” that is developed on the software and may comprise of any other applications and softwares and/ or websites including advertisements, forums, various email functions and internet links, and all other content and the Company Services available through the Application.
PLEASE READ THESE TERMS OF USE THOROUGHLY AND CAREFULLY. These Terms of Use contain provisions that define Your legal limits, rights and obligations with respect to Your use of (i) the Application; and (ii) providing, or usage of, any Services provided via the Application. The Terms of Use apply to all Users of the Application, including users who are just visitors, contributors of information, private and public messages, advertisements, and other materials or Services on the Application.
You acknowledge that the Application is designed for recording, storing, monitoring and managing all the information pertaining to the smart devices offered by the Company from time to time including functionality to monitor solar inverters (GTI and PCU) and non-solar inverters work together, making it easier for You to move from one activity to the next, and by clicking on “I have read and agree to the terms of use”, You hereby certify that: (1) You are either an existing or prospective User or just a visitor; (2) You have the authority to accept these Terms of Use and be contractually bound by the same for and on behalf of Yourself as well as persons for which You intend to obtain the coverage; (3) You authorize the transfer of payment for Services (if any) requested through the use of the Application; and/ or (4) You agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein.
If You do not agree to the foregoing, You should not click to affirm Your acceptance thereof, in which case, You are prohibited from accessing or using the Application. All references to “You” or “Your” or “Yours” as applicable, refer to the person that accesses and uses the Application in any manner, as well as accesses the Application on Your behalf.
Please visit and review Our Privacy Policy, which also governs Your visit to the Application, to understand Our practices https://www.luminousindia.com/privacy-policy . These Terms of Use shall be read along with the Privacy Policy which will help You understand the limits of Your usage of the Application, what information We collect, why We collect it, and how You can update, manage, export, and delete Your information. If You object to Your information being transferred or used as per the Privacy Policy of the Company, please do not use the Application.
This app functionality requires/requests users to give us contact information (such as their email address) and personal information (such as their names, phone numbers, profile image/picture/photo and address details). We do not disclose and share any personal information that you provide, such as your name, address, e-mail address, telephone number, photo etc., to any outside parties, except when we believe the law requires it. Connect by Luminous app uploads image/picture/photo with user's permission at the time of profile or site/plant creation. Connect by Luminous app always asks users for permission first for taking image/photo/picture from Camera or Gallery (for CAMERA and WRITE_EXTERNAL_STORAGE).
The Company reserves the right, at its sole discretion, to change, modify, or otherwise amend the Terms of Use and Privacy Policy, and any other documents incorporated by reference herein, at any time, and it will post the amended terms at the Application. Kindly review the Terms of Use/ Privacy Policy for any changes and You are encouraged to check the same frequently. Your continuous use of the Application following any such amendments will signify Your assent to and acceptance of the revised terms. If You do not agree to abide by these or any future Terms of Use or Privacy Policy, please do not try to use or access the Application.
For the purpose of registration on the Application, the Company may ask for either Your phone number or email address in order to create a profile on the Application and communicate with You at a future date. The Company will verify this number by sending you an SMS message (carrier charges may apply) or email, as the case may be. Your registration name, contact details and any other details sought by the Company will be used to identify You and such information will be treated as personal information within the Terms of Use.
A unique password should be made along with accurate, truthful and complete information with prompt updates and by maintaining confidentiality of the information and password of account through restricted access. You shall notify Us in case of any suspected security breach. Moreover, You shall take responsibility and accept the risks of activities carried out within Your account.
The Company grants You, a:
By using the Application You agree not to: (i) use this Application or its contents for any commercial purpose other than the purpose of Services offered through the Application; (ii) monitor or copy any content or information of this Application, including through using any automated or manual process for any purpose without our express written permission; (iii) violate the restrictions or bypass or restrict or circumvent other measures employed to prevent or limit access to this Application; (iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (v) create a derivative work from, modify, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services; (vi) deep-link to any portion of this Application for any purpose without our express written permission; or (vii) violate Our intellectual property and/ or proprietary rights, directly or indirectly, in any manner.
The licence to use this Application is for the duration and geographies as indicated in the Terms of Use or as may be specified by the Company, from time to time. Any unauthorized use by You shall terminate the permission or license granted to You without prejudice to availing any other remedies available under law.
The use of the Application is available only to persons who can form legally binding contracts under applicable law. You represent, acknowledge and agree that (a) You or the beneficiaries for which You are accessing the Application are at least 18 years of age and duly authorised to contract on behalf of the person that You represent; (b) all registration information that You submit is truthful and accurate; (c) the accuracy of such information will be maintained by You; and (d) Your use of the Application and Services do not violate any applicable law. Your account may be terminated without warning if We, at Our discretion, believe that You are not complying with such conditions.
You agree and understand that You are solely responsible for maintaining the confidentiality of Your password which, together with Your login details, allows You to access the Service. That login ID and password, together with any mobile number or other contact information including email address You provide, form Your “Registration Information”. You agree that You are responsible for maintaining the confidentiality of Your Registration Information, and for restricting access to Your device. You agree that the Company shall not be liable for any unauthorized use or access from Your Registration Information.
The Application is a universal application for monitoring and managing all smart devices, connected through the Application, offered by the Company (collectively referred as “Service/s”). This Application are sending customer end data consisting of load, battery usage, solar energy generation, grid voltage together with instructions to power on and off the inverters and other solar and non-solar devices to the cloud platform of the Company. You will be able to view all these information on the Application.
An Application enabled device/ product and an internet connection are required to access and use the Application. You may use the Software only on or through an Application enabled product or auxiliary product, and You may only make personal and non-commercial use of the Application.
You agree and authorize the Company to retain Your information within the Company, in so far as required for marketing purposes and to provide You with various value-added services, in association with the Services selected by You or otherwise. The Company may retain and use Your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements entered into for providing Services and ancillary services.
This Application may provide links to other websites or resources. Since the Company has no control over such third-party websites and resources, You acknowledge and agree that Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Your interaction with any third party accessed through the Application is at your own risk, and Company will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the third parties.
The only commitments We make about our Services (including the content in the services, the specific functions of our services, or their reliability, availability, or ability to meet your needs) is to the extent of information and services We provide through the Application.
You acknowledge and understand that when using the Application, We will be storing and maintaining the information pertaining to usage of the Application with the Company and that the information provide by You is accurate, correct and useful
You further acknowledge and understand that You may be exposed to the external content, from third party websites, that may be inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against the Company with respect thereto, and agree to indemnify and hold the Company, harmless to the fullest extent allowed by law regarding all matters related to Your use of the Application.
You agree and acknowledge that the information provided by You, through Your usage of the Application, to the Company will be retained by the Company and used for the following limited purposes:
The Company may, from time to time, ask You to provide feedback for the Services provided by the Company through the Application. The feedback provided by You with respect to the Application shall be deemed to be non-confidential and the Company shall be free to use such information on an unrestricted basis.
You may only download, install, access, use and display the Application on the compatible types suitable for the use of Application in accordance with the terms of use or documentations in accordance with the Terms of Use.
Unless expressly authorised by statute, You may neither permit nor cause others to:
Prices for Services, if any, available on the Application are incorporated into these Terms of Use by reference. All prices, whether specified or not, are in Indian Rupees. The prices and Services offered by the Company are determined by the Company at the Company’s sole discretion. You further undertake that by initiating a transaction, You are entering into a legally binding and enforceable contract with the Company, to purchase the products or avail the Services using such payment facilities as may be permitted by applicable law and as may be accepted by the Company.
The Company does not charge any registration/membership or browsing fee. However, the Company reserves the absolute right to charge any fee for registration/ membership or browsing fee at any time. All such fees that the Company may charge will be intimated to the Users and such charge shall automatically become effective immediately after they are posted on the Application.
In no event shall the Company be liable to You for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from any acts and/ or omissions of the Company whether or not You are advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by applicable law in the applicable jurisdiction.
In no event shall the aggregate liability of the Company, or any of the above-referenced respective parties, arising from or relating to the Application, and/or submitted content exceed to the invoiced value of the product.
You agree that Your use of the Application shall be at Your own risk. To the fullest extent permitted by law, the Company disclaims all warranties, express, implied, statutory or otherwise, and make no warranties, representations, or guarantees in connection with this Application, the Services offered on or through this Application, any data, materials relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on this Application. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, this Application, the Services offered on or through this Application, data, materials and any information or material contained or presented on this Application is provided to You on an “as is,” “as available” and “where is” basis with no warranty of implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. The Company does not provide any warranties against errors, mistakes, or inaccuracies of data, content, information, materials, substance of the Application, any unauthorized access to or use of Our secure servers and/or any and all personal information and/or financial information stored therein, any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Application by any third party, any interruption or cessation of transmission to or from the Application, any defamatory, offensive, or illegal conduct of any third party(ies) or Service user or Service provider, or any loss or damage of any kind incurred as a result of the use of any data, content, information, materials, substance of the Application or submitted content posted, emailed, transmitted, or otherwise made available via the Application.
You agree to defend, indemnify and hold harmless the Company and its officers, managers, members, affiliates, successor, assigns, directors, agents, service professionals, suppliers, consultants and employees harmless from any claim or demand, including reasonable attorneys’ fees and court costs from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from (i) Your use and access to the Application; (ii) Your violation of any provision of the Terms of Use, including the Privacy Policy as well as any other terms published by the Company from time to time; (iii) Your violation of any third party(ies) rights, including any property, proprietary, intellectual property, or privacy right or any third party claims; (iv) repercussions from periodic software updates and patches; or (v) any other indemnification as provided and agreed in the Terms of Use. This indemnification obligation will survive these terms of service and Your use of the Application.
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by the Company without restriction.
The Company shall be not liable for any delay or failure in performance under the Terms of Use, along with any form of payment obligations, arising out of reasons beyond its control and without its fault or negligence. Such causes may include, but are not limited to, fires, floods, earthquakes, pandemic, epidemic, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Application (or any part thereof) with or without notice and in its sole discretion. The Company further reserves the right for periodic software updates and patches that will be provided by the Company and the User shall be obligated to take note of and comply with the same and indemnify the Company from any repercussions thereafter.
You agree that the Company shall not be liable to You or to any third party(ies) for any modification, suspension or discontinuance of the Company services, including slowing down of the Application or bugs or technical glitches or periodic software patches, etc.
In the event of the termination of Service, Your Account will be disabled and You may not be granted access to Your account or any files or other data contained in Your Account. Notwithstanding the foregoing, residual data may remain in the Company system.
Upon termination of Service, the following shall occur: (i) all licenses granted to You hereunder will immediately terminate; and (ii) You shall promptly destroy all copies of any information belonging to the Company and any other content in Your possession or control, to the satisfaction of the Company. You further acknowledge and agree that the Company shall not be liable to You or any third party(ies) for any termination of Your access to the Application. Upon Termination of Service, the Company retains the right to use any data collected from Your use of the Application for internal analysis and archival purposes, and all related licenses You have granted to the Company hereunder shall remain in effect for the foregoing purpose in perpetuity.
The content on the Application (belonging to the Company), including without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the like (“Data”) as well as patents, inventions, algorithms, designs copyrights, trademarks, service mark (and logos contained therein), domain names, trade secrets, know-how, including, but not limited to, source code, research, product plans, products, pricing, services, customers, customer lists, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, or other business related information and any other intellectual property, whether registered or not and whether arising by operation of law, contract, license or otherwise (“Marks”), are owned by/ licensed in favour of the Company.
Data on the Application is provided to You as is for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The Company reserves all rights not expressly granted in and to the Application and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Application for any commercial purposes. If You download or print a copy of the Data for personal use, You must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Application or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Application or the Data therein.
Any and all intellectual property shared by the Company with You shall remain the sole property of the Company. You agree and undertake not to set up an adverse claim against the Company or in any manner challenge the Company’s proprietary rights in and to the intellectual property (including, without limitation, any trademarks, trade names, brand, logos, copyright, etc.) or any other rights either during the currency of this Agreement or at any time thereafter, anywhere in the world.
The Terms of Use shall be governed in all respects by the laws of India and any legal proceeding arising out of these Terms of Use will occur exclusively in the courts located in New Delhi, India.
If a dispute arises between You and the Company, Our goal is to provide You with neutral and cost-effective means of resolving the dispute quickly. Accordingly, You and the Company hereby agree that we will resolve any claim or controversy at law and equity that arises out of or in relation to the Terms of Use, the Privacy Policy or the Application will be resolved in accordance with the provisions contained herein. Prior to resorting to formal ways of dispute resolution, we strongly encourage You to first contact the Company directly to seek a resolution as per the grievance redressal procedure set out hereinbelow.
If not resolved with the Company, any further dispute shall be settled amicably by the Parties within 30 (thirty) calendar days of the receipt of the notice of the existence of a dispute. In the event any dispute cannot be resolved within 30 (thirty) calendar days from notice of the dispute, either party may refer the dispute to be finally settled by arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996 and the rules framed thereunder, as amended from time to time. The arbitration proceedings shall be conducted by a sole arbitrator mutually appointed by the parties. The venue and seat of arbitration shall be New Delhi, India and the arbitration proceedings shall be conducted in English language.
If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the party’s intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use read with the Privacy Policy and other specific service or other agreements entered into with You (if any), constitute the entire agreement between You and the Company and govern Your use of the Application, superseding any prior agreements between You and the Company with respect to the Application.