Terms and Conditions for use of www.jivawater.com

 

This document is an electronic record of the terms and conditions for use of (Website)www.jivawater.com which is binding and enforceable against all Users of the Website. The document has been prepared in terms of Information Technology Act, 2000 read with Rules framed there under. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (hereinafter referred to as “Intermediaries Guidelines”) Rules 2011, thereby making this document a deemed agreement between the users of the Website (hereinafter referred to as “Users”) and the owner of the Website.

The Website is owned and operated by 4th Phase Water Technologies Private Limited, a company incorporated under the provisions of the Companies Act, 2013 bearing CIN Number U29210KA2020PTC138051and having its registered office situated at 12 2, 2nd Main 7th Block Jayanagar Below State Bank of India Bangalore Bangalore KA 560070 (Company). The Website has been created and established to enable all Users to procure devices developed and marketed by the Company (hereinafter referred to as “Product”) and primarily used to structure water.

The Company reserves the right to modify, amend and revise the terms and conditions as incorporated in this document from time to time and all such modifications will be binding on the Users.

I. Purpose of the Website:

The Website enables all Users to purchase the Products of the Company online by placing an order for the same. The Company subject to availability and compliance by the Users regarding payment and other terms will ship the products to the Users as required.

II. Products:

·                The Products made available by the Company through its Website are the result of extensive research and development undertaken by the Company using the best methods. The Product is device by the Company which reinitiates the vital energies back  in water, when water flows through it.. This is done by managing flow patterns inside, when water flows through the Product and certain specific vibrations that are induced internally.

·                The Users shall purchase the Products at their sole discretion and own risk as no consultation has been offered regarding the Products and its use through the Website.

III. General Conditions:

By using the Website and purchasing the Products thereon the User agrees, undertakes and confirms that his/her/its use shall be strictly governed by the following binding principles:

 

·           Use of the Website and purchase of Products shall be solely for lawful purposes and the User will be solely responsible for the activities undertaken under his/her/its User Account, if any.

·           The User will not post, submit, upload or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Website or any connected network, or otherwise interfere with other users’ use of the Website.

·           The User shall not attempt to gain unauthorized access to any portion of the Website, or any other systems or networks connected to the Website or to any server, computer, network, by hacking, “password mining” etc.

 

IV. Intellectual Property:

·           The entire contents of the Website including design, contents, information relating to the products, trademarks, logos and such like (hereinafter referred to as “Contents”) displayed on the Website are the Intellectual Proprietary Rights(hereinafter referred to “IPR”) of the Company and the Company owns absolutely all intellectual and other proprietary rights over all the Contents of the Website.

·           No User shall in any manner reproduce, replicate, copy or otherwise use all or any portion of the Contents of the Website for any purpose whatsoever whether with intent to commercially exploit the same or not.

·           Any misuse of the Website and the Contents of the Website including infringement of the Intellectual Proprietary Rights of the Company is actionable and the Company will exercise its rights for such misuse in the manner available to it both under law and in equity.

V. Disclaimer:

·           The use of the Website and the products that are purchased online through the Website is at the sole discretion of the Users. The Company offers all products on an as is where is basis and for purposes for which it has been displayed on the Website.

·           Products are manufactured by the company in the most hygienic manner and with the best of specifications after extensive research, it does not in any manner guarantee any result from the use of the products as the final output depends on many factors, hence results may vary. The Company will not in any manner be held responsible or liable for any damages from the use of the products purchased through the Website or otherwise.

·           The Company will also not replace any of the products for any reason whatsoever.

·           The Company undertakes no liability, legal remedy, equitable remedy or otherwise with respect to the Website, Contents of the Website and all or any of its products.

·           The Company will not be held directly or indirectly responsible or liable for any loss, damage or other consequences that may arise from the use of the Website and the products in any manner.

VI. Data Privacy:

While placing an order for the products, the User will be required to disclose their First Name, Last Name, email Id, Billing Address, Shipping Address and other details for shipping of the products as required (hereinafter referred to “User Data”). The Company will protect all User Data provided by the Users with the best industrial standard and will not disclose or share the User Data with any third party except for the limited purpose of servicing the orders placed by the User for products online. The Users are recommended to read the Privacy Policy of the Website as provided to understand how their data is being collected, used and stored.

VII. Limitation of Liability:

Under no circumstances, whether in tort, contract, strict liability or otherwise, shall the Company or any of its affiliates, employees, partners, designated partners, officers, agents, vendors or suppliers be liable to the User or to any other person for any indirect, special, incidental or consequential losses or damages of any nature, arising out of or in connection with (i) the use of or inability to use the Website; (ii) use of or reliance on the Website, for information relating to the products made available through this Website; (iii) providing User Data; (iv) use of Products of the Company (vi) non-availability of the products or (vii) late delivery of the products ordered and all other connected issues arising out of the use of the Website and/or the products. In no event will the Company be liable for any losses, damages or expenses in excess of the amount paid by the User towards the price of the product ordered by the User. The User hereby releases Company from any and all obligations, liabilities and claims in excess of this limitation.

VIII. Indemnification:

The User agree, to the fullest extent permitted by law, to indemnify and hold Company, its partners, designated partners, officers, employees, affiliates, group companies, agents, contractors, and licensors (Indemnified) harmless with respect to any claims arising out of, use of the Website for other than intended purpose non-compliance with applicable laws or regulations in the jurisdiction in which User is accessing the Website by the User. The User will defend, indemnify and hold harmless the Company and its affiliates and group companies and from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to any of the above.

 

IX. Suspension and Termination:

·           The Company reserves the right to suspend the User or temporarily disable access to whole or part of the Website in the event of any suspected illegal activity or requests by law enforcement or other government agencies. In addition, the Company reserve the right to t deny the services to any User without assigning any reason.

 

·           If any User Account has been created, the Company reserves the right to terminate User Account without assigning any reason therefore. Termination of User Account will include deletion of User Data in User Account.

 

X. Shipping Policy:

·        The Company will immediately despatch the product on receipt of the order and confirmation of the payment for the same.

 

·        The product will reach the customer within 5 to 10 working days from the date of dispatch.

 

·        All Orders will surface shipped through domestic courier companies from the warehouse of the company.

 

·        The company is not responsible for any delay in delivery by the courier/shipping company due to insufficient or wrong address given by the customer.

 

·        The Company shall not be responsible in any manner for delay in delivery due to external forces which are out of the control of the company.

 

·        The Company is in no way responsible for any damage to the product while in transit to the buyer as the product does not include any moving parts.

 

XI. Refund Policy

·         The company shall not entertain any refund request for the reason of defect in product as the product does not have any moving parts or electronic parts.

·         Any refund will be at the sole discretion of the company and only due to any manufacturing defects.

·         All disputes are subject to jurisdiction of Courts in Bangalore, Karnataka.

 

XII. Governing Law:

The terms of use of the Website is controlled by the Company as indicated in this document and can be accessed by most countries around the world. On access of the Website the User agrees that the laws of India are applicable to all matters relating to the use of the Website.

Only the Courts of Bengaluru will have exclusive jurisdiction over any matters relating to the use of our Website and the products.

XIII. Force majeure:

The Company shall be not held liable for any delay or access the Website by the User and also in the matter of supplying and delivery of the products orders by the User from any cause beyond the control of the Company such as acts of God, acts of civil or military authority, current laws and regulations and changes thereto, embargoes, pandemics, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, political unrest, other major environmental disturbances, or acts or omissions of transportation or telecommunications common carriers or acts, omissions, overloading or slowdowns over the Internet or any third party Internet service providers impacting the Website and the services of the Company to the Users.

 

XIV. Arbitration:

Any dispute related to interpretation and implementation of this Policy will be solved through Arbitration governed by Arbitration and Conciliation Act, 1996. Disputing Parties shall mutually appoint a sole arbitrator within thirty days from the date of notice of dispute. In the event, parties cannot agree on sole arbitrator, The Arbitrator shall be appointed by Court in terms of Part II of the Arbitration and Conciliation Act, 1996. The seat of Arbitration shall be at Bengaluru and the proceedings of shall be in English.

 

XV. Contact Us:

The User can contact the Company for any questions or comments regarding this Website or Services provided thereon at

Mail id: [email protected]

 

 

XVI. Grievance Officer:

In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below: 

Name: Mr Shaji Zacharias

Contact details : [email protected]

The Grievance Officer of the Company will respond to the queries within 3 business days from the date of receipt of query and endeavor to resolve such queries within a period of 15 business days or such period as stated in the response.