Contact Number: +91 8700977671
Contact Number: +91 8700977671
www.resixty.com ("Website") is an Internet Based/Online Service Portal owned and operated by Resixty Marketplace Pvt. Ltd., a company registered under the Companies Act, 2013, having its registered office at Rampur Road, Moradabad-244001, Uttar Pradesh, India (hereinafter referred to as "Resixty", "we", "us").
Resixty is an engineering based marketplace for products and services. Resixty also provides value-added design and engineering, site visit, operations and maintenance, financial, sourcing, trading and marketing services related to rooftop solar energy and energy efficiency for the commercial & industrial (C&I) segment.
Any person visiting, accessing or using the Website or the services offered therein (hereinafter referred to as "User", "You"), shall be deemed to have unconditionally accepted all of the terms, conditions and notices contained in this Terms of Use, along with its Privacy Policy, and any other policy/document incorporated by way of reference, including any amendments made from time to time by Resixty at its sole discretion and posted on the Website.
It is hereby clarified that for the purposes of this Terms of Use, Privacy Policy and any other document and policy incorporated by reference herein, the term "User"/"You" means any person (natural or legal) who visits, accesses and uses the Website and shall include:
Partners (including but not limited to suppliers, vendors, project developers, construction contractors, consultants, builders, chartered accountants, and financers/lenders, or employees thereof, providing solar energy related services and products related to the Website) registered on the Website as a partner;
Unregistered Users (person who visits and accesses the Website, but does not register on the Website);
Registered Users (Users who register on the Website for the purpose of availing and or utilizing services of the Website and or identifying appropriate Partners and/or procuring Resixty Services, and/or other services or products from Partners).
It is further clarified that Registered Users may also act as Partners in their respective capacities and as such therefore their respective rights and obligations would accordingly be determined.
Enable Registered Users to:
gain awareness about the technology on the Website
connect with, and or procure services or products from, Partners;
Enable Partners to connect with, advertise and sell their products or services to Unregistered Users and/or Registered Users;
We provide certain services in addition to the Basic Services to Users as defined in accordance with the terms contained in this Terms of Use or elsewhere in the other policy documents of the Website or the Company.
This document is to be treated as an electronic record, within the meaning accorded to it under the Information Technology Act, 2000 (hereinafter referred to as the “IT Act”) and the rules made thereunder as applicable, which may be amended from time to time. This document is published pursuant to the compliance requirements under Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 (hereinafter referred to as the “IT Intermediaries Guidelines”), which require publishing the rules and regulations, Privacy Policy and user agreement for access or usage of the Website.
By visiting and or accessing and or using and or registering on this Website, You:
unconditionally accept to be bound by the Terms of Use, Privacy Policy, and any other document/policy incorporated by reference provided herein as provided on the Website, which together govern your access and usage of the Website; and
authorise the transfer of payment requested in accordance with the terms contained herein.
You agree and confirm that
the Terms of Use may be amended from time to time with prior notice, with any changes displayed on the website as and when updates. Please ensure that You periodically update yourself with the current version of the Terms of Use.
Further, your continued access of the Website whether automated or otherwise, will signify your unconditional consent to and acceptance of the Terms of Use including any modifications made from time to time, if any. If You disagree with any part of this Terms of Use (including any modifications made from time to time), please do not use the Website; and/or discontinue viewing or using this Website immediately.
Resixty and/or its sub-contractors and its service providers and employees (referred to as the “Resixty Team”) accept no responsibility for any legal or financial consequences or outcomes related to advice or recommendations provided via the Website, and the information available on the Website is being provided on an ‘As Is’ and ‘As Available’ basis. Users acknowledge that their use of the Website and reliance on any information provided is at their own risk
Any Information or advice provided on the Website including but not limited to:
the estimates/outputs of the ResixtyCalculatorTM available on the Website, and any recommendations related thereto; and
advice, opinion or recommendations given by the Resixty Team should be used merely as a guide rather than a definitive recommendation for any specific installation or undertaking any action.
You agree and acknowledge that the said estimates, outputs and/or advice of the ResixtyCalculatorTM is based on the inputs provided by You and certain assumptions, and that the factors such as system design, quality, cost, operations & maintenance and other conditions present at the site may impact the actual results. In addition to the terms contained herein please also familiarize yourself with the disclaimer provided for the ResixtyCalculatorTM located at www.Resixty.com.
It is not Resixty's responsibility to ensure that your use of the Website complies with all local laws applicable within your country. Further, by using this Website and/or submitting information including any personally identifiable information on the Website, You hereby expressly consent to the transfer of such data to India, and to the processing of such data on Resixty's Indian servers, where your data will be governed by laws applicable within India that may provide a level of data protection and entail other compliances different from your country.
You agree and acknowledge that unless expressly stated in writing on the Website, nothing contained therein shall constitute an offer or promise to deliver any products and/or services by Resixty.
You are not required to register with Resixty to simply visit and view the Website. Only in the event of accessing certain areas of the Website, and using certain functions or features of the Website or for procuring certain Resixty Services, You may be required to register as a Registered User and/or Partner, as the case may be. For purposes of registration, You should be 18 years or older.
This registration may be free of charge or for a charge, depending upon the functions or features accessed on the Website, which would be notified from time to time.
When You register, You must provide relevant information such as your name, your official/residential address, a unique, valid, current and verifiable e-mail address, and phone number, and any other detail that may be required by Resixty.
On every subsequent use of the Website after registration, You will be required to enter a User Id and a password. You may either choose a User Id and/or password or also use a system generated User Id and/or password, if provided. In addition, You may also be required to provide an OTP (one-time password), or follow any other similar authentication processes as may be deemed necessary by Resixty from time to time.
In case You want to register as a Partner, You may need to provide additional information such as digital signatures, scanned ID documents, credit card details, bank details, PAN Card details, GST, canceled cheques, etc. as may be notified by Resixty or otherwise intimated to You for verification purposes.
In the event the registration details provided by You (such as your email id or a combination of your name, phone number, and/or address etc) are already in the Resixty system, You will be prompted to choose an alternative to the detail which is already entered into the Resixty system. Provided, however, Resixty may provide more than one User Id to a Partner registering on the Website.
We will send You an e-mail with your registered information for confirmation. In the event You fail to reply or confirm the information or there is failure of delivery of such email on the email id provided by You at the time of your registration, your access or use of areas, functions or features requiring
such registration may be refused or your account may be cancelled/terminated at the sole discretion of Resixty. You hereby agree that in the event we do not receive such confirmation from You via the link provided by us in the said e-mail within [15] days of such verification link having been sent to You, it shall be deemed that You have failed to confirm your registration details. Additionally, after receiving the requisite documents from the Partner, Resixty will conduct a verification process of the Partner. Resixty will provide services to the Partner only after satisfactory completion of such verification.
By registering on the Website, You represent that You will submit information, which is truthful and accurate, and will update your registration information to keep it accurate and current. You agree and acknowledge that You are solely responsible for maintaining the confidentiality of your password. You are also solely responsible for restricting access to your computer(s). You agree to accept responsibility for all activities occurring under your account that are due to your conduct, inaction, or negligence. You also represent that your use of the Website does not in any manner violate any applicable law. We may cancel your registration or terminate your account without notice at our sole discretion, in the event we believe that You have not provided accurate or truthful information or that you are not complying with applicable laws, rules and regulations. You hereby expressly agree and acknowledge that Resixty shall not be liable for any direct and/or indirect damage caused by any unauthorized use of your account.
If You become aware of any suspicious or unauthorised conduct concerning your account, You agree to contact us immediately by e-mail at [email protected]. We may, at our own discretion, bar registration from any specific e-mail service or Internet Service Provider or phone number with or without any prior notice.
This Terms of Use shall commence from the date on which You first visit and access the Website and shall continue unless terminated earlier in accordance with the terms contained herein (“the Term”).
A Registered User and/or Unregistered User shall:
not purchase or use any service provided by Partner listed on Resixty Website without making the appropriate payment, the quantum, mode, and terms of such payment shall be specified by Resixty from time to time;
not use the Website with the intention of disrupting Resixty services and/or products, and/or services of a Partner;
not misuse any options (made available now or in the future) in connection with the use or purchase of any service (misuse includes, but is not limited to, attempts to bypass, undermine, or exploit the intended use of these options for personal or monetary gain or to the detriment of Resixty or its Partners) or the business interest of Resixty;
inform Resixty if an agreement is executed with the Partner within 5 (five) days of entering into such contract (this notification must include a copy of the executed agreement and details of the terms agreed upon). Such communication should be sent via email to or through any other means of communication ;
not make any unauthorized payment for the lead generated by Resixty or through the complete or part use of the Website (all payments must be routed through Resixty or as explicitly directed by Resixty); or
not violate the terms contained herein.
In addition to the above, a Registered User shall ensure that all fees due and payable under this Terms of Use are paid promptly and without any delay. In the event a Registered User violates any of the above-referenced rules, Resixty, at its sole discretion, may take any of the following actions:
deny access to the Website,
suspend or terminate the account of the User,
deny access to any services which may be provided by Resixty post transaction, and/or
take any other appropriate action as it may deem fit in accordance with the terms contained herein and/or the laws of the country.
In the event User wishes to avail the Basic or Additional Services provided by Resixty, it should extend all the necessary support as may be required by Resixty Team which may include but is not limited to providing access to conduct site visits, providing necessary information, etc. The Registered User shall also follow the requirements/conditions for availing such Additional Services as prescribed by Resixty from time to time.
You may seek information in relation to Resixty Services and/or services offered by a Partner from time to time.
Resixty will at all times make reasonable effort to provide services in accordance with this Terms of Use. The purpose of providing additional services is to enhance the customer
experience and to ensure the care and maintenance required for the optimal functioning of the system. These additional services are designed to support the ongoing effectiveness and efficiency of the Platform and its associated products and services.
In addition to Basic Services as provided in this Term of Use that may be provided by Resixty via its Website, Resixty may also provide advanced tools, supply of products and services for:
facilitate engineering, procurement, and installation of solar energy, efficiency, and solar-related products, including but not limited to the preparation of feasibility reports;
facilitate or provide O&M of solar energy, efficiency, and solar-related products;
improvement of solar energy, efficiency, and/or solar generation services;
providing financing options to the Users by connecting them with lenders;
providing e-commerce of solar energy-related products and or Solar Projects;
aggregation services (rooftops, land parcels, etc.);
engineering/consulting/advisory in relation to the transaction;
M&A, due diligence; and
any other services which may be provided by Resixty from time to time (hereinafter collectively referred to as “Additional Services”).
It is hereby clarified while providing Additional Services a site visit may be required to be conducted by Resixty Team, as may be determined by Resixty from time to time.
A fee may be charged for providing Additional Services as may be notified by Resixty from time to time. It is hereby clarified that the provision of such Additional Services may be subject to specific contracts entered into between Resixty and Registered Users as may be notified by Resixty from time to time.
Further, the categorization of a service as an Additional Service shall be at the sole discretion of Resixty.
For Registered Users and/or Unregistered Users - Resixty, subject to the compliance by Users of this Terms of Use, hereby grants You a limited, non-transferable, non-exclusive, revocable license to use the Website and Resixty Services related thereto and in particular:
access and use the Website and information contained therein to connect with Partners who provide energy services including solar related services;
avail Resixty Services;
avail services provided by the Partners in accordance with the terms contained herein and separate agreement executed between the Partner and the User, if any.
Interchangeable Status: You acknowledge that your status as an Unregistered User, Registered User, or Partner depends on the nature of your interaction and use of the Website. Therefore, your status shall be determined by your actions and may in turn be governed by specific clauses devised for such status under this Terms of Use.
Any information on this Website, including but not limited to personal information of any User, posts, videos, profile, conversation, text, discussion, graphics, live chat, emails, phone support, advice, estimates, recommendations, or other materials submitted, hosted, shared, uploaded, downloaded, viewed, and/or accessed by a User or Resixty (hereinafter referred to as “Content”), shall be in accordance with the terms contained herein. All intellectual property rights to such
Content are retained by the original owner or Resixty, as applicable, and are protected under applicable laws.
Resixty does not guarantee the complete accuracy of business technicalities as published on their website. User must undertake due diligence on their end to satisfy the correctness of the data.
Users agree that they and the Contents they share shall, at all times, be governed by applicable laws and, in particular, shall comply with the IT Intermediaries Guidelines. Users shall not:
host, display, upload, modify, publish, transmit, update, or share any information or item that belongs to another person;
post or submit any Content that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, racially or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
submit any Content on the Website that is unlawfully threatening or unlawfully harassing, including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986, or such content which may be harmful to minors;
infringe any patent, trademark, copyright, or other proprietary rights or third party trade secrets or rights of publicity or privacy, or involve the sale of counterfeit or stolen items;
violate any applicable law for the time being in force;
deceive or mislead the addressee about the origin of such messages or communicate any information which is grossly offensive or menacing in nature;
impersonate another person;
upload content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource;
threaten the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order or cause incitement to the commission of any cognizable offense or insult any other nation.
Additionally, Users shall not:
disseminate any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
transmit material that encourages conduct that constitutes a criminal offense, results in civil liability, or otherwise breaches any relevant laws, regulations, or code of practice;
gain unauthorized access to other computer/network systems;
interfere with any other person’s use or enjoyment of the Website;
interfere or disrupt networks or websites connected to the Website;
make, transmit, or store electronic copies of materials protected by copyright without the permission of the owner;
violate or attempt to violate the integrity or security of the Website or its Contents;
transmit any information (including posts, messages, and hyperlinks) on or through the Website that disrupts or competes with the provision of Services by Resixty;
intentionally submit incomplete, false, or inaccurate information on the Website;
make any unsolicited communications to other Users of the Website;
use any engine, software, tool, agent, or other device or mechanism (such as spiders, robots, avatars, or intelligent agents) to navigate or search the Website;
attempt to decipher, decompile, disassemble, or reverse-engineer any part of the Website;
copy or duplicate in any manner any of the Content on the website or other information available from the Website;
frame, hotlink, or deep link any Content on the Website;
gain unauthorized access to the Website, or any account, computer system, or network connected to the Website, by means such as hacking, password mining, or other illicit means;
repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
gather for marketing purposes any email addresses or other personal information that has been posted by Users.
Nothing transmitted to or from this Website or in connection with Resixty Services constitutes an agreement between a Registered User and a Partner until after an offer has been made by a Partner and accepted and confirmed by the Registered User, and a separate and independent agreement is executed between them in relation thereof.
The Website is not intended to be used to advise or resolve legal or financial issues of any User.
While Resixty may regularly review the information hosted on the Website, including questions, answers, and any other form of discussion posted on the Website, the views expressed therein are those of the individuals who post the Content and do not reflect those of Resixty, its owners, managers, directors, employees, agents, partners, advertisers, or affiliates.
Resixty assumes no responsibility for the posts or the information contained therein, nor does it make any claims, promises, or guarantees about the accuracy, suitability, or completeness of any of the information on the Website or in the posts. All advice and/or information obtained directly or indirectly from the Website shall be used at your own risk.
Content Rights
You agree that by posting, hosting, sharing, submitting, or displaying Content on or through the Website, You grant Resixty (and its successors and permitted assigns) a worldwide, perpetual, non-exclusive, royalty-free license (with the right to multiple tiers of sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Content, and its derivative works or a part thereof, anywhere in any and all media or distribution methods (now known or later developed) in any manner, in any medium, for any purpose.
You also agree and acknowledge that You hereby grant each User of the Website a non-exclusive license to access your Content through the Website, to reproduce, distribute, prepare derivative works of, display, and perform such Content as permitted by the functionality of the Website and under this Terms of Use.
Subject to applicable laws and other terms contained herein and the Privacy Policy, You also agree and acknowledge that irrespective of whether the Content is posted on the Website and is viewed and accessed by Users, Resixty does not guarantee security and confidentiality with respect to such Content. Resixty shall have no liability whatsoever arising out or in connection with any act or omission by You relying upon such Content.
Resixty reserves the right, in its sole discretion, but it is not obligated, to delete, modify/change/alter any of the Content as it deems necessary including any content that may be posted by any User that violates this Terms of Use, or for any other reason. Resixty is not required to give any notice prior to such removal or deletion.
Notwithstanding the foregoing, it is expressly clarified that You shall be solely responsible for any Content that You provide or upload when using any Resixty Service, including any text, data, information, images, photographs, music, sound, video, or any other material which may be accessible through your post, or any other Content that You upload, transmit or store when using the Website.
Resixty respects the information submitted/posted on the Website by the Users. The privacy policy governs the information (including personal information) that may be submitted by You, how we may use that information, how we store it and the steps we take to protect it, the circumstances under which we may disclose or transfer it, and the choices You have regarding submitting and maintaining the information You provide to us (the “Privacy Policy”). This Privacy Policy is located at www.Resixty.com. By visiting the Website, You acknowledge that You have accepted the practices and policies outlined in the Privacy Policy, and the terms contained herein. We urge You to read the Privacy Policy and to become familiar with our privacy practices contained therein.
Listing of Partners’ Services:
We may list services offered by You, as a Partner and or your previous experience, and or the feedback of your existing customers; or review listing of services in the appropriate categories.
Resixty reserves its right, at any time in its sole discretion, to
Restrict your access and ability to list in any or all categories on the Website
Remove your existing listings from any or all categories on the Website.
We may use mechanisms that rate, or allow Registered Users to rate, your services and/or your performance as a Partner on the Website and Resixty may make these ratings and feedback publicly available.
In case of bidding and estimates generated through the Resixty calculator, the output calculations are to be considered as non-binding and treated as indicative.
Resixty takes no responsibility for and will not be held liable for any loss or damage suffered by Partner, either directly or indirectly, as a result of such rating.
Resixty , from time to time, at its sole discretion, may notify standards which would specify the rules and protocols that the Partners should follow in their communication and dealings with Users, including but not limited to (i)listings (ii) marketing, (iii) quotations (iv) bidding (v) agreements/ contracts (vi) System EPC (vii) Payment terms; (viii) System Maintenance etc. (‘Resixty Standards’).
Resixty retains the right to immediately halt any transaction, prevent or restrict access to the services or take any other action to restrict access to or availability of any inaccurate listing, non-delivery of committed product or services, any inappropriately categorised items, any unlawful items, or any items otherwise prohibited by applicable law or terms contained herein.
Resixty shall not be liable for any failed negotiations and/or transactions between a Registered User and a Partner in relation to services offered by a Partner.
You, as a Partner, shall not, nor cause your affiliate or associated enterprise or associates, if any to, directly or indirectly:
categorise yourself as a Partner in a category that is not connected with the service(s) You provide;
misrepresent the location at which You will provide a service and or any data, information submitted by You to the Website ;
include brand names or inappropriate keywords in your profile, nor any other title or description relating to a service, which is inappropriate or misleading
use misleading titles, identity, or documents that do not accurately describe a service;
include any information in your profile that is fraudulent;
solicit or approach any Registered Users which have been described as ‘Lead’ by Resixty at its sole discretion.; on your own and or without the involvement of Resixty or bypass Resixty in any way;
use any payment methods not specifically permitted by Resixty;
include links in your listing or in any other submission made by You on the Website that do not conform to or are not covered under Resixty’s policies and this Terms of Use with respect to third-party links;
endorse products or services offered by a third-party in a posting;
use the information available on the Website for any purpose other than what is permitted in accordance with the terms contained herein;
provide or sell the information including any leads related to Users, or to anyone;
offer a catalog or link to a third party website without the express prior written permission of Resixty;
post a single service but offer additional identical services in the service description
offer the opportunity through Resixty to purchase the Service or any other service outside of Resixty;
use your profile/account page or user name to promote services not offered on or through the Website and/or prohibited services;
give, solicit, or receive, nor offer to give, solicit or receive any gift, gratuity, commission or bonus in consideration for return for the referring, recommending or procuring of any Registered User during his course of interaction with other Users on the Website;
at any time use the Website to interact with any electricity and or energy sector or renewables sector industries, finance or insurance and or O&M companies, in terms of receiving gifts, availing travel facilities, receiving cash or monetary grants etc.;
imply that Resixty endorses your work, titles, products names, service names, or domain name;
fail to ensure that, prior to use of the Website or any matter incidental thereto by its employees or agents, all such parties are notified of this Terms of Use;
disparage us, our affiliates, Partners or Users or any of their or our respective products or services or any customer;
use the Website for any marketing or promotional purposes whatsoever (except as permitted herein), or otherwise in any way inconsistent with Resixty privacy policies or applicable law.
You, as a Partner, shall:
provide the description of the services offered by You in the format as required by us and promptly update such information as necessary to ensure it, at all times, remains accurate and complete;
ensure that all fees due and payable by You under this Terms of Use are paid promptly and without any delay;
All payment related to service/order shall be routed through Resixty and Partner authorises for the same. Invoice shall be raised by the sellers / partners on the Website.
ensure to inform Resixty in the event a contract is executed between You and Registered User within 5 (five) days of entering into such contract
adhere to Resixty Standards, in your dealings with Registered Users, at all times, including before a contract is executed between You and Registered User and thereafter.
when selling your products or services to Users, ensure that the price quotation provided by You is in the format required by Resixty, is complete in all respects, is in accordance with Resixty Standards and is submitted directly to Resixty. Each quotation shall include the price, payment terms, bill of material, if applicable, etc. as may be specified by Resixty from time to time. Once a
quotation has been submitted no change in the same shall be allowed and You shall be obliged to execute a contract with the User, if your quotation is selected, on the same terms and conditions as specified in your quotation and in accordance with the Resixty Standards.
Partner will provide the Bill of Quantities (BoQ) and itemised costing for each part of BoQ complying with the work-process and format that will be used further in the e-bidding platform by the Website.
If a Partner violates any of the above-referenced rules, Resixty , at its sole discretion, may take any of the following actions: (a) cancel the posting of the said Partner; (b) suspend or terminate the Partner’s account; (c) decrease the Partner status/rating on their Website, if any; and/or (d) take any other appropriate action as it may deem fit in accordance with the terms contained herein.
You may not need to register or pay a fee to simply visit and view the Website. However, registration may be required for accessing certain areas of the Website and using certain functions or features of the Website. Provided, however, Resixty, at its sole discretion, may, at any time, charge a subscription fee or a usage fee, which shall be notified from time to time.
The Registered Users shall need to confirm an order to the Partner prior to procurement of product / service. The payment for the same may consist of different components, including but not limited to booking fee, advance payment, interim milestone based payment and the balance payment. The quantum of the payment components may be notified by Resixty from time to time and this quantum of payment may change from time to time at the sole discretion of Resixty. The booking fee shall be paid to Resixty directly unless Resixty specifically tells You at the time of booking to pay to any of our Partners or channel partners.
The Registered User may be required to pay the said payment components to Resixty or the Partner directly, as notified by Resixty from time to time, except in so far as the Booking Fee is concerned, which would always have to be paid to Resixty directly unless specified otherwise by Resixty at the time of booking.
The mode of payment at the Resixty website may be an online payment (third party payment gateway) or a cheque. Further, Resixty at its sole discretion may require You to make the payments or a part thereof only through the Website, or as specified by Resixty.
For any Additional Services that may be provided by Resixty, Resixty reserves the right in its sole discretion to charge a fee to the Registered Users on a per-transaction basis or in any other manner, as may be notified from time to time.
No payment shall be made by the Registered Users to the Partner directly, except in so far as may be specifically in accordance with this Terms of Use or through email, even though the privity of contract as regards the services/supplies/any work performed by the Partner for the Registered User may be between the Registered User and the Partner.
Once the verification process is complete and approved by Resixty, at an appropriate juncture, Resixty shall provide You access to a personalized dashboard, which will provide details of payment of fees in accordance with the type and number of Resixty Services that You wish to avail of, which fee may include but is not limited to: (i) subscription fee; (ii) periodic fee; (iii) transaction fee including contingency fee; (iv) fee for providing Additional Services; (v) fee for providing access to information related to Resixty leads; and (vi) any other fee that may be notified by Resixty from time to time.
Dashboard may also include project timelines and progress status.
Resixty may retain an appropriate percentage of the advance and other payments as commission, as may be notified to the concerned Partner, on its personalized dashboard. The balance amount of advance payment, if any, after deduction of: (a) the commission and; (b) appropriate taxes in accordance with applicable law, shall be remitted to the Partner.
The User hereby agrees and acknowledges that no payment, which is due and payable to Resixty shall be conditional upon the receipt of monies/fees from the counterpart User.
A subscription fee, which may be charged as and when notified by Resixty, will not be refundable.
The advance payment made by a Registered User is refundable up to fifteen days from the date of payment subject to its credit thereof to the Resixty designated bank
account.The token money paid to initiate bidding will be refundable if, after the discovery of the lowest price, the User does not wish to proceed with the next steps in the process.
In the event the customer does not confirm their acceptance of the lowest price discovered from the bidding within three (3) days, the token money shall be forfeited.
The Partner is required to refund the advance payment to Resixty (if any) received from Registered Users in case such Registered User cancels the posted requirement or de-registers or
deactivates its account. Project-related advances and any other payments made up to that point shall be forfeited if the customer withdraws from their commitment.
Resixty shall not be a party to, nor called upon to make, any refunds in the event of any disputes between the Registered User and the Partner.
Resixty shall not be liable to refund of Advance Fees or Commission or lead fees received from Partners in the event a Registered User deregisters or deactivates its account.
In addition to the foregoing, Resixty will not be liable to refund any amount paid to it unless it is expressly stated at the time of payment of the relevant fees/refund policy that may be notified from time to time.
The User hereby unconditionally and unequivocally authorizes Resixty to: (i) use a proprietary or third party payment facility provider; (ii) to collect any fees and/or charges payable by the Partner and/or Registered Users and/or a User through such proprietary or third party payment facility provider.
Collect all payments from the Registered User for and on behalf of the Partner; and
Retain and appropriate a certain percentage of the advance payment and other interim payments as commission, as may be notified to the concerned Partner as a part of its personalized dashboard.
All consideration paid to Resixty, whether in the form of fees, or subscription charges or otherwise, shall be exclusive of all applicable taxes including all value added, service, sales, use, goods and services and similar taxes, whether leviable on a reverse charge basis or otherwise, and You will pay any taxes that are imposed and payable on such amounts. You shall be solely and exclusively responsible at all times to ensure compliance with all tax obligations under all applicable laws, if any, arising out of or in connection with the access and use of the Website, or any matter incidental thereto, and keep Resixty indemnified from any such liability that may occur upon You for which Resixty may be approached by the tax authorities.
Further, if for any reason, it is determined by government/tax authorities that any tax including income tax or withholding tax is required to be deducted and deposited on any payments or
remittances to You, Resixty will have the right to deduct and deposit any such applicable taxes with the appropriate regulatory authority. You agree and acknowledge that you will make no claim in respect of the taxes deposited by or on behalf of Resixty.
To the extent permitted under applicable law, and notwithstanding anything contained in this Agreement, both parties agree that in no event shall Resixty, its officers, directors, executives, management, employees, managers, suppliers, agents, successors, assigns, subsidiaries, parent companies or affiliates be liable for any loss or damage of any kind, direct, indirect, incidental, special or exemplary, or consequential including, without limitation damages, loss of profit, loss of data, quality, performance, and non-performance claims however caused whether based on Warranty, Contract, Tort, (including negligence) or any other legal theory, whether or not Resixty is advised of the possibility of such damages, resulting from:
access to and use of Website or any services offered therein or any Services offered by the Partners via the Website, including any services provided pursuant to an agreement formed independently of the Website,
errors, mistakes, or inaccuracies of content uploaded, submitted or provided by Resixty, data, marks, information, materials, or substance of the Website;
any unauthorized access to or use of secure servers and/or personal information and/or financial information stored therein;
any bugs, virus, or the like transmitted to or through the Website by a third party;
any failed negotiations for a service, any dispute that may arise during or after the negotiation of a service or the formation of a contract for any service or any dispute that may arise between the Users or dispute between Users and Partners or dispute between Users and third parties; and
any defamatory, offensive, illegal conduct of a third party or a User. If You are dissatisfied with the Website, or any materials, products, or services on the Website, or with any of the Website's Terms of Use, your sole and exclusive remedy is to discontinue using the Website.
Each User and/or Partner acknowledges, agrees and understands that Resixty itself has no role in the execution or provision of services, notwithstanding that the payment by such agreements may be routed through Resixty designated bank accounts. It is further clarified that notwithstanding anything contained in this agreement or any other document, agreement, heads of agreement, letters of agreement, etc., Resixty shall not have any liability whatsoever for any aspect of the
arrangements between the Registered User and the Partner as regards the services offered and executed by the Partner or any related aspect therein.
The User agrees and acknowledges that it bears sole and exclusive responsibility to check the availability of the Partner, the credentials of the Partner, and/or find out specific details of the services being offered by the Partner and Resixty shall have no liability in relation thereof.
In any event the total aggregate liability of Resixty, or any of the Resixty associate entities / persons referenced above, arising from the use of the Website or procurement of Resixty Services shall not be more than the total commission actually paid to Resixty by a User in relation to the particular Resixty Services availed of by such a User in accordance with the terms contained herein. Provided, however, Resixty shall under no circumstance, be liable if the User is merely accessing and / or visiting the Website.
Notwithstanding the terms contained herein, in any event, Resixty shall not be liable for any loss or damage after the expiration of one months from the happening of loss or the damage unless the claim is the subject of pending action or arbitration.
Resixty would not be liable for any loss or damage of any nature whatsoever caused by such advice, discussion or any of the Contents posted by any User including a Partner, or by any member/consultant of the Resixty Team on the Website to any User, Partner, or a third party.
The development of this Website with respect to the nature of the information or data available on this Website is a continuous and ongoing process. Resixty disclaims any and all liability and/or responsibility for loss of any information or data, or any consequence, intended or unintended, due to the operation of this Website. Resixty does not assume or purport to assume any responsibility or liability for your failure or inability to use or access this Website for any purpose. Published information or data available on this Website may not be current or up to date.
You shall indemnify and hold harmless Resixty, its officers, employees, managers, suppliers, agents, successors, assigns, subsidiaries, parent companies or affiliates, from any claim, demand, damages (actual or consequential) of every nature, known or unknown, suspected or unsuspected, foreseeable or unforeseeable, disclosed or undisclosed or actions including attorneys’ fees/legal expenses, made by any third party or penalty imposed due to or arising out of your breach of the Terms of Use, use of Website or any service provided thereunder, Resixty’s Privacy Policy and other rules and regulations forming part of this Terms of Use, or the documents it incorporates by
reference, or your violation of any applicable law, rules or regulations or the rights of a third party. We reserve the right to take over the exclusive defence of any claim for which we are entitled to indemnification under this section. In such an event, You agree to provide us with such cooperation as is reasonably requested by us, as well as pay for the cost of defence in such cases, including legal, incidental and out of pocket expenses.
Resixty shall not be liable for any spam or fraudulent information in relation to a lead that may be provided by a User.
Resixty shall not provide or be in any manner responsible for, all hardware and/or software necessary to access the Website. You shall be responsible for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software in all events.
The Website may include a variety of features, such as Resixty calculatorTM, Financial model, dashboards, online bidding, discussion forums, blogs, photo- and video-sharing pages, e-mail services and social networking features some of which may allow feedback to us and allow Users to interact with each other on the Website, connect with Partners, or to post content and materials for display on the Website. The Website also may include other features, such as personalized home pages and e-mail services that allow Users to communicate with third parties. Further, the Content may also contain links to third party sites. Any information that may be collected by third-party websites, whether or not such websites are linked on the Website, is governed by and subject to the privacy practices of those third-party websites, and is not governed by or subject to Resixty’s Privacy Policy. By accessing and using any such features and/or posting any Content, the User and the Partner (as the case may be) represent and agree that:
It is the owner or has the necessary licenses, rights, consents, permissions to use, and authorizes Resixty to use, any materials posted or submitted on the Website, or is posting or submitting such materials with the express consent of the owner of the materials such that all such Content may be used in the manner contemplated by the Website and this Terms of Use; <hopefully the document indemnifies Resixty through some clause against any legal proceedings arising out of such content shared by partners or users>.
The Partner/User agrees to indemnify, defend, and hold harmless Resixty, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with:
Any content submitted, posted, or transmitted by the Partner/User through the Website.
Any breach of the representations and warranties made by the Partner/User in Clause 16.1.1.
Any violation of any law or the rights of a third party by the Partner/User in connection with the use of the Website.
It has the written consent, release, and/or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every individual to enable inclusion and use of the Content in the manner contemplated by the Website and this Terms of Use; and agrees to pay all royalties, fees and any other monies owing to any person by reason of any Content posted on the Website without recourse to Resixty.
The solar energy system or any other product or services, if any, featured or pictured or submitted as a part of its Content has been installed at its home or place of business, or on one of its properties, as the case may be, or in case of a Partner it has have secured the permission of the owner of the system that is featured or pictured or submitted as a part the Content, and it is in a position to provide Content relating to such system.
Any product or service delivered through leads generated from the Website has the intellectual property rights to publish its details and photographs on its Website or in a third-party forum, claiming this as business generated by the Website.
It shall endeavour to keep all records necessary to establish that the Content does not violate any of the foregoing representations and warranties and it shall make all relevant records and permissions relating to the Content available to Resixty upon a written request;
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Resixty owns and reserves all intellectual property rights, including but not limited to trademark, copyright and patent in all text, programs, products, processes, technology, content and other material, which appear on this Website.
All Resixty logos, including but not limited to ResixtyCalculator, Resixty, The Banyan Tree Ecotag and all related products and services, names, design marks and slogans are the trademarks or service marks of the company. All other marks are the property of their respective companies and You shall seek specific permission for using such marks. Access to this Website does not authorize anyone to use any name, logo or mark, which appears on the Website in any manner. References on this Website to any names, marks, products or services of third parties or hypertext links to third party websites or information are provided solely as a convenience to You and do not in any way
constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service.
You may download or copy the Contents and other downloadable materials displayed on the Website for your personal non-commercial use. No rights, title or interest of a commercial nature in any downloaded materials or software is transferred to You as a result of any such downloading or copying. If You wish to download or copy any material for purposes other than: (a) your personal non-commercial use and/or (b) fair use as permitted under applicable law, please see the licensing policy of the author/owner of such works or obtain requisite license/permission from the author/owner of such works. You hereby agree that, except as expressly provided herein, You have no right to copyright publish, market, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software or materials derived from the Website.
Additionally, Partners or Users are strictly prohibited from using our data, logo, or any intellectual property without our explicit written consent.
All software used on this Website is the property of Resixty or its licensors and is protected by applicable copyright laws in India and international copyright laws, as the case may be. The Contents, tools and software on this Website may be used for sharing and as a browsing resource in accordance with this Terms of Use. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the contents on this Website is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) and in parts of all content on this Website is the exclusive property of Resixty and is also protected by copyright laws in India.
If You believe that your work has been copied and posted on the Website outside the purview of these Terms of Use or any other agreement with Resixty, in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to Resixty immediately: (a) identification of the copyrighted and/or trademarked work claimed to have been infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Website, or information reasonably sufficient to permit Resixty to locate the material; (c) written statement that You have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law; (d) information reasonably sufficient to contact You as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted; (e) statement by You, that the information in your notice is accurate and that You are the owner of the exclusive right or authorized to act on the behalf of the owner of such exclusive right; and (f) any other information that may be required from time to time. Provided, however, the notice under this provision may be sent to Resixty only by the owner of the intellectual property rights in question. In the event You are not the owner of the intellectual property then You should contact the owner of the said intellectual property, who may choose whether to send a notice under the terms contained herein. This notice shall be sent on [email protected].
As a participant on the Website, You agree to use careful, prudent, and good judgment when leaving feedback for another User/Partner. The following actions constitute inappropriate uses of feedback:
(a) threatening to leave negative or partial feedback for another User/Partner unless that User/Partner provides services not included in the original Posting or not agreed to as part of the Service to be provided between the User and the Partner; (b) leaving feedback in order to make the Partner appear better than he or she actually is or was; and (c) including conditions that may restrict a User/Partner from leaving feedback. Use of foul language or inaccurate feedback representing services or quality of services different from those actually delivered.
Resixty reserves the right to: (i) remove your Suggestions/feedback; or any of your postings; (ii) limit your account privileges; and/or (iii) suspend or terminate your account with or without cause and with or without notice, for any reason in accordance with the terms contained herein.
In any event, notwithstanding the above, if there is any dispute between the Users and/Partners and Resixty concerning the Suggestions/feedback, Resixty shall be the final arbitrator of such dispute.
In addition to the above, Resixty has the right in its sole discretion to remove any Content, including any feedback or Suggestion, or take any action as it deems reasonable without incurring any liability whatsoever.
You agree and acknowledge that Resixty has no obligation to review, monitor, supervise or remove any feedback/Suggestion/posting or any other information submitted by You or any other User.
During the course of your use of Resixty Services, You may receive information relating to our affiliates or us or to Resixty Services that is not known to the general public ("Confidential Information"). You agree that:
all Confidential Information will remain Resixty’s exclusive property;
You will use Confidential Information only as is reasonably necessary for your participation in the Resixty Services and ensure that persons who have access to Confidential Information will be made aware of and will comply with the obligations in this provision; and
You will not otherwise disclose Confidential Information to any individual, company, or other third party, including any affiliates.
You may not issue any press release or make any public statement or publish on social media related to Resixty Services or Partners, or use our name, trademarks or logo in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the relationship between us in any way.
The User agrees that Resixty shall have no liability, whatsoever, for any interruption or delay in the services offered by it in whole or in part by reason of any act, event, circumstance or a combination of acts, events and circumstances beyond its reasonable control and without its fault or negligence such as technical issues terrorism, strikes, lockouts, acts of God, acts of war and other such similar events.
Resixty reserves the right at its sole discretion, at any time, to modify or discontinue, temporarily or permanently, the Website, Terms of Use (including any document incorporated herein by reference), or any part thereof, with or without notice. Resixty shall not be liable to any person including any User, Partner or to any third party for any modification, suspension or discontinuance of the Website, Terms and Conditions (including any document incorporated herein by reference) or any part thereof.
Resixty may amend the Terms of Use at any time by posting a revised version on the Website. It is hereby clarified that all updates and amendments shall be notified only via posting of the amended Terms of Use on Website, and that there shall be no separate notification which shall be provided to You. Please ensure that You periodically update yourself with the current version of the Terms of Use. The updated Terms of Use will be effective at and from the time Resixty posts it on the Website. The Users and/or Partners are advised to regularly check for any amendments or updates to the Terms of Use. By use of the Website, the Users shall be deemed to accept and agree to be bound by this Terms of Use as provided from time to time. If You do not want to be bound by the Terms of Use or any future terms and conditions, please do not access or use the Website.
No agency, partnership, joint venture, or employment is created as a result of these Terms of Use or your use of any part of the Website or any agreement that may be executed between the User and the Partner. You do not have any authority whatsoever to bind Resixty in any respect.
You agree that, except as otherwise expressly provided in the Terms of Use, there shall be no third-party beneficiaries to the Terms of Use.
Your right to access, or use the Website, or your subscription cannot be assigned, sold or transferred in any manner to any other person, corporate body, firm or individual. Resixty may at its sole discretion assign this Terms of Use at any point of time.
If any part of this Terms of Use is determined to be invalid or unenforceable pursuant to applicable law or term including, but not limited to, the warranty, disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Terms of Use shall continue in effect. Unless otherwise specified herein, this Terms of Use constitutes the entire agreement between You and us with respect to the Website/Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and us with respect to the Website/Service. Resixty’s failure to act with respect to a breach by You or others does not mean Resixty waives its rights to act with respect to subsequent or similar breaches.
Termination of this Agreement shall be without prejudice to the accrued rights and liabilities of the Parties at the time of such termination and all provisions of this Agreement necessary for the continued enjoyment of such accrued rights and liabilities, including but not limited to the Indemnity, Confidentiality and Dispute Resolution provisions of this Agreement shall survive the termination of this Agreement for the period so necessary.
The use of this Website and any Term and Conditions, Privacy Policy or any other document stated in this Terms of Use or executed pursuant hereto is subject to the laws of India. In case of any disputes arising out of the use of the Website, the Courts of Delhi will have exclusive jurisdiction.
If any dispute arises between You and Resixty during your use of the Website or, in connection with the validity, interpretation, implementation or alleged breach of any provision of this Terms of Use or the documents incorporated by reference (except for any dispute which may arise under or in connection to Clause 19; ‘Suggestions and Feedback’), the dispute shall be referred to a sole Arbitrator, who shall be an independent and neutral third party appointed at the time of such dispute having arisen, by Resixty. The place of arbitration shall be New Delhi. The Arbitration & Conciliation Act, 1996, as amended from time to time, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
Notwithstanding the foregoing, You agree that Resixty itself does not have any role in the execution or provision of services listed by the Partners itself, and hence Resixty shall not be responsible or liable for any loss or damage of any whatsoever incurred as the result of any such transaction or dealings between the User (excluding the Partner) and the Partner. If there is a dispute between the Users or between the User (excluding the Partner) and the Partner or any User or third party, You acknowledge and agree that Resixty is under no obligation to become involved. In the event a dispute arises between one or more Users (excluding the Partner), Partner and/or third party(/ies), You hereby release Resixty, its officers, directors, executives, management & non-management staff
managers, members, directors, employees, agents and successors from any claims, demands, (actual and consequential) of every kind, known or unknown, suspected or unsuspected, foreseeable or unforeseeable, disclosed or undisclosed, arising out of or in any manner related to such disputes and/or Website or any service provided thereunder.
In compliance and in accordance with the IT Act and rules made thereunder, the name and contact details of the Grievance Officer are published on the Website.
These general terms and conditions apply to the products and services provided by M/s Resixty MarketPlace Pvt. Ltd. (“Resixty”) with its registered office located at Rampur Road, Moradabad-244001, Uttar Pradesh, India to the clean energy system buyer (“Customer”) (each a “Party” and collectively “Parties”) and shall be read together with the Order Form (collectively, the “Agreement”).
In the event of a conflict between this Agreement and any offer for sale from Resixty, this Agreement shall prevail and be binding on Resixty and the Customer and or Partner and or User, being the parties to this Agreement.
Resixty provides a marketplace for clean energy products and services that connects buyers and sellers to facilitate the purchase and sale of solar energy systems and related services . Resixty™ is a trademark of Resixty MarketPlace Private Limited and/or its affiliates (“Resixty Marketplace”) and Resixty shall use the Resixty trademark.
Resixty acts as a facilitator and provides necessary liaison and coordination between the Users and Partners.
The Customer hereby represents and warrants that the Customer has the sole legal capacity to enter into this Agreement and authorize the construction, installation, and commissioning of the Solar Power Plant (“Solar Power Plant”) which is inclusive of Balance of System (“BoS”) on the Customer’s premises (“Customer Site”). Resixty reserves its right to verify ownership of the Customer Site and Customer covenants to cooperate and provide all information and documentation required by Resixty for the same.
The User acknowledges and agrees that:
Any timeline or schedule shared by Resixty for the provision of services and delivery of the Solar Power Plant is only an estimate, and Resixty will not be liable for any delay that is not attributed to Resixty.
All information disclosed by the Customer to Resixty in connection with the supply of the Goods and the Solar Power Plant (or any part thereof), services, and generation estimation (including, without limitation, the load profile and power bill) are true and accurate. The Customer acknowledges that Resixty has relied on this information to customize the Solar Power Plant layout and BoS design for the purposes of this Agreement.
The Customer shall not use the Solar Power Plant or any part thereof other than in accordance with the product manufacturer’s specifications. The Customer also covenants that any risk arising from misuse or misappropriate use shall be to the account of the Customer alone.
The Customer covenants, represents, and warrants that:
The Customer has the legal capacity to permit unfettered access to Resixty and its Authorized Vendors for the purposes of execution and performance of this Agreement, including conducting site surveys, installing the Solar Power Plant, and carrying out maintenance.
The Customer has and will provide requisite power, water, and other necessary resources for the construction, installation, operation, and maintenance of the Solar Power Plant.
Unless otherwise intimated by the Customer in writing, Resixty is entitled to take photographs, videos, and testimonials of the Customer and the Customer Site, and to create content which will become the property of Resixty. Resixty can freely use this content as part of its promotional and marketing activities across all platforms as it deems fit.
The Customer validates the stability of the Customer Site for the installation of the Solar Power Plant.
All the payment except the loan disbursement shall be routed from User to vendor through the Resixty platform against the invoice/PI raised by the vendor on the platform itself.
If the Customer fails to make payment of any invoice raised by Resixty pursuant to this Agreement, Customer shall be liable to pay Resixty the outstanding amount with interest at the rate of 2% (two percent) per month of delay computed from the due date until payment in full is received by Resixty.
The Advance and Booking Amount will not be refunded if the User cancels the order after 15 (fifteen) days from the date of remittance of Advance or the date of Order Confirmation.
Notwithstanding the above, the Customer shall not be entitled to cancel the Order Form after Resixty or its authorized Vendor has dispatched the Solar Power Plant (or any part thereof, including BOS) to the Customer Site. If the Customer chooses to terminate the Order Form after dispatch, the entire amount paid by the Customer till date shall be forfeited by it, and Resixty shall be entitled to retain it.
To the maximum extent permitted by applicable law, Resixty, its officers, directors, executives, management & non-management staff directors, employees, affiliates, and
agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities, arising out of or in connection with the use of Resixty's services, or any products or services obtained through the Resixty Platform.
The Customer agrees to indemnify, defend, and hold harmless Resixty, its officers, directors, employees, affiliates, and agents from and against any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising out of or related to the Customer's use of Resixty's services or any products or services obtained through the Resixty Platform.
To the maximum extent permitted by applicable law, in no event shall Resixty be held liable for any special, incidental, indirect, or consequential damages whatsoever for personal injury or any other loss or claim, arising out of or in relation to misrepresentation (including negligence) of any third party, including manufacturing representations & warranties. Nothing in these terms purports to limit or exclude the liability of Resixty for fraudulent misrepresentation, or for death or personal injury caused by Resixty’s wilful negligence, or for any other liability which cannot lawfully be limited or excluded, and this Clause 7 (c) shall be construed accordingly.
The parties agree that Resixty’s aggregate liability to the Customer in agreement, tort (including negligence), misrepresentation or howsoever otherwise caused arising from or in connection with any agreement shall not exceed the invoiced price for the products supplied to the Customer under this agreement.
This provision also applies to the matters referred to in Annexure A hereto.
The interpretation of this Agreement shall be construed and enforced in accordance with the laws of India. If any part of this Agreement is deemed invalid or unenforceable, the remainder of this Agreement shall be valid and enforceable.
If any provision or provisions of this Agreement shall be held unenforceable for any reason, then such provision shall be modified to reflect the Party’s intention. All remaining provisions of this Agreement shall remain in full force and effect for the duration of this Agreement.
A failure or delay in exercising any right, power, or privilege in respect of this Agreement will not be presumed to operate as a waiver, and a single or partial exercise of any right, power, or privilege will not be presumed to preclude any subsequent or further exercise, of that right, power, or privilege or the exercise of any other right, power, or privilege.
In the event of any dispute or disagreement between the parties arising out of or relating to the support services and provision thereof (the “dispute”), the parties will endeavour to resolve the dispute in accordance with this section. Customer may invoke this section by providing Resixty written notice of its decision to do so, including a description of the issues subject to the dispute by writing to [email protected].
The numbering and captions of the various sections are solely for convenience and reference only and shall not affect the scope, meaning, intent, or interpretation of the provisions of this Agreement, nor shall such headings otherwise be given any legal effect.
Resixty shall be entitled to assign its rights and obligations hereunder to any person it deems fit without requiring any consent from the Customer. The Customer shall not be entitled to assign its rights or obligations hereunder.
