THE GREEN WATER COMPANY
TERMS AND CONDITIONS
Welcome to The Green Water Company!
Our web-portal and its corresponding mobile application and/or operating system (collectively “Platform”), on which you may avail the Services (defined below), is managed and operated by Green Water Application Private Limited having its registered office at J-3, Block B-1, Mohan Co-operative Industrial Estate, Mathura Road, New Delhi 110044 India (“Company”, “we” “us” or “our”).
The Company is engaged in the business of offering water management solutions whereby it inter alia offers varied services including: (a)repairing leaking faucets, blocked drains and pipes, and any incidence of pipe burst; (b)optimising the efficiency of pumping systems; (c)optimising the efficiency of waste water treatment plant; (d)maintaining and operating swimming pools and other water bodies; (e)maintaining water storage infrastructure; (f)drinking water solutions; (g)annual maintenance services; and (h)varied other services as may be updated on the Platform from time to time (“Services”). As a part of the Services, the Company also offers varied range of products (“Products”) as required for performing the Services.
Any person who accesses and/or use the Platform in any manner ( “you” or “your”), shall be subject to these terms and conditions for use and be bound by the policies formulated by the Company from time to time.
These terms and conditions for use of the Platform, terms and conditions of service, and such other policies or terms as may be prescribed by the Company (“Terms”), together constitute a legally binding agreement between you and the Company, in connection with the access to or use of the Platform, availing Services and purchase of Products thereof. By using the Platform, you expressly agree to be bound by the Terms, so you are requested to read these Terms carefully before you continue to access or use the Platform. If you have any questions about these Terms, please contact firstname.lastname@example.org. Please note that your access to the Services, utilisation of Products, offers or promotions in relation to the Products as may be provided by the Company or its affiliates, may be governed by other terms and conditions, policies or guidelines (“Additional Terms”) along with these Terms. If these Terms are inconsistent with any Additional Terms, the Additional Terms will control to the extent of such inconsistency with respect to the applicable Service or utilisation of the Product. These Terms govern your use of the Platform and transaction or dealings thereon.
These Terms are divided into 2 (two) parts. Please carefully read all the parts to understand the conditions applicable in case of usage of the Platform, for availing Services, and/or for purchase of Products thereof.
PART A – TERMS AND CONDITIONS FOR USAGE OF THE PLATFORM
- This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as may be applicable and the amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.
- In addition to these Terms, you may be required to comply with the terms and conditions of the third parties, whose links are contained/embedded in the Services. It is hereby clarified that the Company shall not be held liable for any transaction between you and any such third parties.
- By accepting these Terms, you affirm that you are 18 (Eighteen) years of age or above and are fully competent to enter into this Terms, and agree to abide by and comply with this Terms. In case you are below 18 (Eighteen) years of age, you may access and use the Platform only if enabled by a parent or legal guardian. Further, if you are using the Services on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts these Terms.
REGISTRATION OF YOUR ACCOUNT
- In order to use the Platform and avail the Services thereof, you will be required to register on the Platform. Registration is a one-time process and is free of cost. You will receive a confirmation e-mail/ message from us after completion of your registration on the Platform, and will be eligible to further access and avail the Services.
- You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the log in credentials of your account on the Platform and for restricting access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You shall remain solely liable for all the actions undertaken through your account.
COMMUNICATION AND UNSUBSCRIPTION
- You can unsubscribe/opt-out from receiving marketing/promotional communications, newsletters and other notifications from Company at any time by following the instructions set out in such communications.
USER WARRANTIES AND RESTRICTIONS
- You represent and warrant that: (a)your use of the Platform and/or Services will not violate any applicable law or regulation; and (b)all information that is submitted to the Company in connection with the Platform and/or Services is true, accurate and lawful, and the same will not cause injury to any person or entity (including that the content or material is not defamatory). If at any time, the information provided by you is found to be false or inaccurate, the Company will have the right to reject registration, cancel all orders, and restrict you from using the Services and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify Company and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties and covenants.
You will not do any of the following:
- Delete or modify any content on the Platform, including but not limited to, any information regarding the Services, their performance, sales or pricing, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify;
- Decompile, reverse engineer, or disassemble the content on the Platform;
- Use the Services in any way that is unlawful, or harms the Company or any other person or entity, as determined in Company’s sole discretion;
- Use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs, Easter eggs, cancel bots, intelligent agents, etc.) to navigate or search the Platform;
- Make false or malicious statements against the Services, the Platform or the Company;
- Post, copy, submit, upload, distribute, 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 Platform and/or Services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Platform and/or the Services;
- Introduce any trojans, viruses, any other malicious software, any bots or scrape Platform for any information;
- Probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture;
- Hack into or introduce malicious software of any kind onto Platform;
- Gain unauthorized access to, or interfere with, or damage, or disrupt the server on which the details connected to the Services are stored, or any other server, computer, or database connected to the Services; or
- Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” “phishing,” and “griefing” as those terms are commonly understood and used on the internet.
You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing on or through the Platform, any information that:
- is libelous, defamatory, abusive, threatening, harassing, hateful, and offensive or otherwise violates any law or right of any third-party;
- belongs to another person and to which they do not have any right;
- is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
- harms minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonates or defames another person; or
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
CONTENT ON PLATFORM
- The contents of Services, information, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement and assembly of the content on the Platform or any of the other Services are the property of Company or its affiliates (“Company Content”), and are protected under copyright, trademark and other applicable laws. All copyright and other intellectual property rights in the Company Content are either owned by Company or have been licensed to Company by the owner(s) of those rights so that it can use the Company Content as a part of the Platform. You shall not modify the Company Content or reproduce, display, publicly perform, distribute, reverse engineer or otherwise use the Company Content in any way for any public or commercial purpose or for personal gain.
- The Company authorises you to view and access the Company Content on your personal device only for your personal use, subject to the grant of a limited, revocable, personal, non-exclusive and non-transferable license to you by Company when you register on the Platform solely for identifying Products and carrying out purchases of Products.
- You shall not: (a)copy (whether by printing off onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), download, display, perform, reproduce, distribute, modify, edit, alter, enhance, broadcast or tamper within any way or otherwise use any Company Content contained in the Platform except as set out hereunder. These restrictions apply in relation to all or part of the Company Content available on the Platform; (b)copy and distribute the Company Content on any other server, or modify or re-use text or graphics on this system or another system; (c)reproduce any part of the Platform or sell or distribute the same for commercial gain nor shall it be modified or incorporated in any other work, publication or web site, whether in hard copy or electronic format, including postings to any other web site; (d)remove any copyright, trademark or other intellectual property notices contained in the original material from any material copied or printed off from the Platform; or (e)link any other material to the Platform, without our express written consent.
- You hereby grant to Company a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material, review, feedback, comments etc., posted by you on the Platform without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and you waive any claim over all feedback, comments, ideas or suggestions or any other content provided by them to Company through the Platform. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Company, including the execution of deeds and documents, at its request.
- You agree that the Company does not routinely monitor your postings on the Platform but reserves the right to do so. However, if the Company becomes aware of inappropriate use of the Platform or any of its Services, the Company will respond in any way that, in its sole discretion, the Company deems appropriate. You acknowledge that Company will have the right to report to law enforcement authorities of any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, Company will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the internet.
- Submissions and unauthorised use of any materials contained on the Platform may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your username and/or password. As such, you shall indemnify and hold Company and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all loss, costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Platform or the use of the Platform by any person using your user name and/or password (including without limitation your participation in the posting areas or your submissions) violates any applicable law or regulation, or the rights of any third party.
MANNER OF USE OF PLATFORM
- In your use of the Platform, you may participate in promotions of advertisers or members or sponsors of Platform or access any other third-party website linked to the Platform. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that the Company has no liability, obligation or responsibility for any such correspondence, purchase or promotion, access or usage of any third-party website and the contract under such instances remains between you and any such third party. All information in relation to such third parties, are provided solely for reference. The Company is not endorsing the third-party information and is not responsible for any errors and representation nor is it associated with it, and you access the third-party information at your own risk.
DISCLAIMER OF WARRANTIES, INACCURACIES OR ERRORS
- While the Company will endeavour to ensure that all information and recommendations, whether in relation to the Products, Services, offerings or otherwise (hereinafter “Information”) provided as part of this Platform is correct, the Company does not guarantee the accuracy of the Information. The Company makes no representations or warranties as to the completeness or accuracy of Information.
- You agree that the Information is being supplied to you on the condition that you will make your own determination as to the suitability of such information for your purpose prior to use or in connection with the making of any decision. No Information at the Platform shall constitute an invitation to invest in Company or any affiliates. Any use of this Platform or the Information is at your own risk. Neither Company, Company affiliates, nor their officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, the Platform, the Information, or any third-party website linked to this Platform. The Company is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access links of any third-party platforms, you are doing so entirely at your own risk and expense.
- The Company will try to make access to and use of the Platform error-free. However, your access to the Platform may be suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services. Please note that the Company does not take responsibility for any access or use problems that arise from internet related issues at your end. Company reserves at all times, the right, at its sole discretion, to refuse access to the Platform, terminate accounts, remove or edit content at its discretion.
- The Platform may contain user generated content which the Company does not pre-screen, and which contains views that may be opinions of users and also of experts. The Company does not claim any ownership rights to the text, files, images including photos, videos, sounds, musical works or any user generated content that you may submit or publish on the Platform. After posting any user generated content on the Platform by you, you continue to own the rights in that content, subject to the limited license set out herein. The Company will do its best to monitor, edit or remove such user generated content where it considers it appropriate or necessary to do so. The Company does not promise that any user generated content on the Platform is accurate, complete or updated, and that it will not offend or upset any person or that it does not infringe the intellectual property rights of third parties.
- As a means to assist you in identifying the Products of your choice, the Company provides visual representations on the Platform including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representations, the Company disclaim any guarantee or warranty of exactness of such visual representation or description of the Service or the Product. Nothing contained herein is to be construed as a recommendation to avail any Service, use any Product, process, equipment or formulation.
- The Platform may include content and information made available from third party sellers. The descriptions of such content and information that we publish, have been provided to us by such third-party sellers who are solely responsible for any representations contained in those descriptions. Such content is published on the Platform on ‘as-is’ basis. We don’t endorse or assume any responsibility for such third-party content including but not limiting to liability arising out of intellectual property infringement.
The Product and the Services included on or otherwise made available to you through the Platform are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, except if otherwise specified in writing. The Company does not covenant or warrant:
- that the Services will be made available at all times;
- that there will not be any delay in provision of the Services;
- that the operation of the Platform, including the functions contained in any content, information and materials on the Platform or any third-party sites or services linked to the Platform will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Platform or the servers that make such content, information and materials available are free of viruses or other harmful components; and
- that the Company Content available on the Platform is complete, true, accurate or non-misleading; and
- in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content (including Product or pricing information and/or specifications) on the Platform.
INDEMNIFICATION AND LIMITATION OF LIABILITY
- You agree to indemnify, defend and hold harmless Company, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Platform or the Services, violation of these Terms, or infringement of any intellectual property or other rights of Company or any third-party. Company will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide Company with reasonable assistance, at their expense, in defending any such claim, loss, liability, damage, or cost.
- To the fullest extent permitted by law, in no event shall Company or any of its directors, officers, employees, agents or content or service providers (collectively, the “Company Representatives”) be liable to you for any direct, indirect, special, incidental, consequential, exemplary, special, remote or punitive damage, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising from, or directly or indirectly related to, the use of, or the inability to use, the Platform or the content, materials and functions related thereto, the Services, provision of information via the Platform, lost business, even if such Company Representatives have been advised of the possibility of such damages.
In no event shall Company Representatives be liable for:
- the use or inability to use the Platform and/or the Services;
- any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Platform; or
- any other matter relating to the Platform or the Services.
- The Company is neither liable nor responsible for any actions or inactions of the other users of the Platform or any breach of conditions, representations or warranties by them. The Company is not obligated to mediate or resolve any dispute or disagreement amongst two or more users of the Platform.
ACCESS OUTSIDE THE REPUBLIC OF INDIA
PART B – TERMS AND CONDITIONS OF SERVICE
The terms and conditions of service as set out herein (“Terms of Service”) constitute an agreement between the Company and you and govern the terms and conditions on which you avail any Service or purchase any Products from us on or through the Platform. By availing any Service, you expressly agree to be bound by these Terms of Service.
OUR CONTRACT OF SERVICE
- Listing and display of details relating to our Services/ Products by us on the Platform is our invitation to you to make an offer for availing such Services/ Products. Likewise, the placement of an order on the Platform by you is your offer to avail the Services or buy the Product(s) from us.
- Once you have placed an order with us/ requested for a Service on the Platform, you will receive an e-mail confirming receipt of your request/ order and containing the details of your request/ order (the “Order Confirmation”). The Order Confirmation is merely an acknowledgement that we have received your order and does not signify our acceptance of your offer. The contract between us for any Service/ Product would be deemed to be binding/ conclusive, only when the Services are actually performed by us.
- All orders placed on Platform are subject to the availability of personnel to perform the Services, our acceptance of your order/ request on the Platform and your continued adherence to these Terms of Service. You agree and acknowledge that the Services would involve providing on-site Services, and the same will be performed by our employees or independent third party contractors who may not be employed by the Company. Any act or omission of such personnel, in breach of the Terms or any law or any other contract otherwise, in their individual capacity should not be attributable to the Company.
- You agree and acknowledge that you will be responsible and liable for any harm, loss or damage caused to any personnel of the Company providing on-site Services, and the Company reserves the right to take all actions as available under law or otherwise. You agree to co-operate and provide all kind of support to the personnel during provision of the Services at your site.
- Beyond what we say on that webpage or otherwise on the Platform, we cannot be more specific about availability of Service. As we process your order, you will be informed by e-mail if any Services are not available.
PRICING AND TAXES
- You agree and acknowledge that Services will be performed subject to due payment by you to the Company.
- In order to ensure user convenience, the Company may offer multiple payment options (including net banking, credit card, debit, cash on delivery etc.) for its users. The Company without prior notice to the users, reserves the right to add or delete payment options on the Platform.
- We may use a third party service provider to manage credit or debit card and other payment processing provided that such service provider will not be permitted to use your payment account information except to process your credit card, debit card and/or other payment information for us. The third party service provider may require you to open an account with it in accordance with its terms and conditions and applicable policies, including but not limited to, privacy policies, for payment processing.
- You shall be responsible for payment of all fees/costs/charges associated with the purchase of Services/ Products from us and you agree to bear any and all applicable taxes.
LIMITATION OF LIABILITY
In no event, our aggregate liability, if any, that is proven and ordered by a court of competent jurisdiction pursuant to a claim by you or person acting on your behalf, shall extend beyond the money charged from you for services/ purchases made pursuant to an order under which such liability has arisen and been established. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of Product by us to you was formed.
We reserve the right to make changes to our policies, and these Terms at any time. You will be subject to the policies and Terms in force at the time you order Services from us, unless any change to those policies or these Terms is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
The Company shall not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond Company’s reasonable control.
Any consent by Company to, or waiver of a breach by the User, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms, all transactions consummated between you and Company and the relationship between you and Company is governed by the laws of India, without reference to any choice or conflict of laws principles of any jurisdiction. You agree, in the event of any dispute arising in relation to these Terms or any dispute arising in relation to the Platform whether in contract or tort or otherwise, to submit to the exclusive jurisdiction to the courts of New Delhi, India for the resolution of all such disputes.
In accordance with the applicable law, any grievances which you may have with respect to the information shared by you with Company hereunder and its treatment or any grievance related to Services being availed hereunder may be directed by you to our grievance officer, Anwar Ahmad at email@example.com