TERMS OF USE

  1. USE OF THE PLATFORM

Welcome to www.waterscience.in ("Site"). The website www.waterscience.in  is owned and operated by Aquagenics R&D India Private Limited ("Company”) a company incorporated under the provisions of the Companies Act, 2013 with its registered office at A-31, NGEF Industrial Estate, Mahadevapura, Whitefield, Bengaluru - 560048. You may be accessing our Site from a computer or mobile phone device (through an iOS or Android application, for example) and these Terms of Use govern your use of our Site and your conduct, regardless of the means of access. These Terms of Use govern all the products and services offered on the Site.

 The Site is only to be used for your personal non-commercial use and information. Your use of the Site and features of the Site shall be governed by these Terms and Conditions (hereinafter "Terms of Use") along with the Privacy Policy, Billing and Shipping PolicyRefund and Return Policy (collectively,  " Policies " ) as modified and amended from time to time. The Terms Of Use and the Policies together shall constitute an agreement between you and the Company (“Agreement”). 

 By merely accessing or using the Site, you are acknowledging, without limitation or qualification, to be bound by these Terms of Use and the Polices, whether you have read the same or not. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR UNCONDITIONAL AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THE AGREEMENT, SO PLEASE READ THE AGREEMENT CAREFULLY BEFORE PROCEEDING. If you do not agree to any of the terms enumerated in the Agreement, , please do not use the Site. You are responsible to ensure that your access to this Site and material available on or through it are legal in each jurisdiction, in or through which you access or view the Site or such material.

Company reserves the unilateral right to amend the Agreement from time to time and at any time, without notice to its users and in its sole discretion. Any change or modification to the Terms of Use and the Policies will be effective immediately from the date of such upload of the Terms of Use and Policies on the Site. Your continued use of the Site following the modifications to the Terms of Use and Policies constitutes your acceptance of the modified Terms of Use and Policies whether or not you have read them. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable policies, to understand the terms and conditions that apply to your use of the Site.  

  1. PRIVACY PRACTICES

We understand the importance of safeguarding your personal information and we have formulated a Privacy Policy, to ensure that your personal information is sufficiently protected. Apart from these Terms of Use, the Privacy Policy shall also govern your visit and use of the Site. Your continued use of the Site implies that you have read and accepted the Privacy Policy and agree to be bound by its terms and conditions. You consent to the use of personal information by the Company and its service providers in accordance with the terms of and purposes set forth in the Privacy Policy, the same may be subject to amendment from time to time at the sole discretion of the Company.  

  1. YOUR ACCOUNT

This Site is directed to be used by adults only. We assume that any minor, if at all, accessing our Site is under the supervision of their guardians. The Company or its associates do not knowingly collect information from minors. You will be responsible for maintaining confidentiality of your account, password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your account and password. You acknowledge that the information you provide, in any manner whatsoever, are not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature. 

If you are accessing, browsing and using the Site on someone else’s behalf; you represent that you have the authority to bind that person to all the terms and conditions herein. In the event that the person refuses to be bound as the principal to the Terms of Use, you agree to accept liability for any harm caused by any wrongful use of the Site resulting from such access or use of the Site in whatsoever nature.

If you know or have reasons to believe that the security of your account has been breached, you should contact us immediately at the 'Contact Information' provided below. If we have found a breach or suspected breach of the security of your account, we may require you to change your password, temporarily or permanently block or suspend your account without any liability to the Company.

We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms of Use are violated or if we decide, in our sole discretion, that it would be in Company’s best interests to do so. You are solely responsible for all contents that you upload, post, email or otherwise transmit via the Site. The information provided to us shall be maintained by us in accordance with our Privacy Policy. 

You represent that the Content provided by You shall not be inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful in any way. Although the Site Operator is not required to, it may monitor the Content provided by You, and reserves the right to edit/delete any Content that may be in violation of applicable laws and or/ the spirit and letter of this Agreement. 

  1. PRODUCT INFORMATION

Company attempts to be as accurate as possible in the description of the products and services on the Site. However, the Company does not warrant that the product description, colour, information or other content of the Site is accurate, complete, reliable, current or error-free. The Site may contain typographical errors or inaccuracies and may not be complete or current. The product pictures are indicative and may not match the actual product.

Company reserves the right to correct, change or update information, errors, inaccuracies or omissions at any time (including after an order has been submitted ) without prior notice. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability of the products. 

  1. PRODUCT USE

The products and services available on the Site, and the samples, if any, that Site may provide you, are for your personal and/or professional use only. The products or services, or samples thereof, which you may receive from us, shall not be sold or resold for any/commercial reasons. 

  1. PRICING INFORMATION

The Company strives to provide accurate product and pricing information, however errors may occur. 

Company cannot confirm the price of the product until you make the order. Without limiting the generality of Clause 7 (Cancellations, Refunds and Returns) below, if a product is listed at an incorrect price or with incorrect information due to any technical error, Company shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been delivered. In the event that an item is wrongly priced, the Company may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been delivered, your offer will not be deemed accepted and the Company will have the right to modify the price of the product/ service and either contact you for further instructions using the e-mail address provided by you during the time of registration or placing of order, or cancel the order and notify you of such cancellation. In the event that Company accepts your order the same shall be debited to your bank account, wallets or others, as the case may be, and notify you by email that the payment has been processed. The payment may be processed prior to Company’s dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed to your respective account. 

PRICES AND AVAILABILITY OF THE PRODUCTS PROVIDED OR OFFERED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AND AT THE SOLE DISCRETION OF COMPANY. Company may revise and cease to make available any product/ services at any time. In the event, the Company is unable to deliver the product to you on time or at all, you will be notified by an e-mail and your order will be automatically cancelled due to unavailability of the product or at your instructions due to failure to deliver the product on the expected time of delivery by our delivery partners. The Company shall not be liable to pay for any damages in such an event owing to cancellation of the order or delay in delivery. 

  1. CANCELLATIONS, REFUNDS AND RETURNS

Please refer to our Warranty and Support page provided on our Site. 

  1. MODE OF PAYMENT AND PAYMENT TERMS

Payments for the products available on the Site may be made in the following ways: 

Payments can be made by Credit Cards, Debit Cards and Net Banking. 

Credit card, Debit Card and Net Banking payment options are instant payment options and are recommended to ensure faster processing of your order. 

The price of Products mentioned in the Site are inclusive of taxes, delivery fees etc and the same would be reflected at the time of check-out only. 

  1. INTELLECTUAL PROPERTY RIGHTS

The names and logos and all related product names, design marks and slogans are the trademarks, logos or service marks (hereinafter referred to as "Marks") of the Company. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any Marks in any manner. Marks displayed on this Site, whether registered or unregistered, are the intellectual property of the Company. 

The Company expressly and exclusively reserves all the intellectual property rights in all text, programs, products, processes, technology, content, software and other materials, which appear on this Site, including its looks and feel. The compilation (meaning the collection, arrangement and assembly) of the content on the Site is the exclusive property of the Company and is protected by the Indian copyright laws and International treaties. Consequently, the materials on this Site shall not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed or modified in whole or in part or in any other form whatsoever. 

  1. LIMITED LICENSE

The Company grants you limited, non-exclusive, non-transferable, non-sublicensable license to access, and make personal and non-commercial use of the Site. All rights not expressly granted to you in these Terms of Use, are reserved and retained by the Site and its affiliates. 

The Company reserves the right, at any time, without notice, and at its sole discretion, to terminate your license to use the Site and to block and prevent your future access to the Site. 

  1. REPRESENTATIONS AND WARRANTIES

This Site is provided to you "AS IS". We make no representations regarding the use of or the result of the use/depiction of the Contents on the Site in terms of their correctness, accuracy, reliability, or otherwise. The Company shall not be liable for any loss suffered in any manner by the user as a result of depending directly or indirectly on the depiction of the Content on this Site. 

You acknowledge that this Site is provided only on the basis set out in the Terms of Use. Your uninterrupted access or use of this Site on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Site. 

The Company shall have the right, at any time, to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Site may discontinue disseminating any portion of information or category of information. The Company does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Site. 

  1. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

THE SITE IS PRESENTED "AS IS." NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE OR ANY OF THE CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. 

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (g) EVENTS BEYOND THE REASONABLE CONTROL OF THE COMPANY. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED. 

FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR SUBSIDIARIES, AFFILIATES, PARTNERS, WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE ACTUAL FEES/CHARGES CHARGED FROM YOU. 

YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU IN THIS REGARD. 

This disclaimer constitutes an essential part of this Terms of Use. 

  1. TERMINATION

These Terms of Use are effective unless and until terminated by \the Company. 

The Company may terminate the Terms of Use at any time and may do so without notice, and accordingly deny you access to the Site, such termination will be without any liability to the Site. 

Upon any termination of the Terms of Use by the Company, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Any such termination of the Terms of Use shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that you may have incurred under the Terms of Use. 

  1. INDEMNITY

You agree to defend, indemnify and hold the Company, its employees, directors, officers, agents and their successors and assigns, its holding, subsidiaries, affiliates, partners, or licensors harmless, from and against, any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to the Company, including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under the Terms of Use, or arising out of your violation of any applicable laws, regulations including but not limited to payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of the Terms of Use. 

  1. GOVERNING LAW AND JURISDICTION

The Terms of Use and the Policies shall be governed by and construed in accordance with the laws of the Republic of India. For proceedings arising therein the Courts at Bangalore shall have exclusive jurisdiction. 

Any dispute or difference either in interpretation or otherwise, of the Terms of Use and other Policies on the Site, between the parties hereto, shall be resolved mutually. Unresolved disputes, if any, shall be referred to arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time, by a mutually appointed single arbitrator. The seat and venue of arbitration shall be Bangalore. The language of arbitration shall be English.  

Without any prejudice to particulars listed in Clause 15 above, the Company shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its rights and interests.  

For disputes relating to orders outside India, International arbitration rules of Indian Arbitration and Conciliation Act 1996 shall apply. The seat and venue of international arbitration shall be Bangalore. 

  1. SITE SECURITY

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: 

  1. You shall not probe, scan or test the vulnerability of the \ Site  or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any Customer, of or visitor to, the Site, to its source, or exploit any content, Site or Site Services or information made available or offered by or through the Site, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Site;
  2. You shall not use any device or software to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site , or with any other person’s use of the Site;
  3. You shall not use the Site  for any purpose that is unlawful or prohibited by this Agreement , or to solicit the performance of any illegal activity or other activity which infringes the rights of the Site Operator or other third parties;
  4. You shall not reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software related to the Site 

The Company is entitled to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from the Company on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer). 

  1. ENTIRE AGREEMENT

Unless otherwise specified herein, you acknowledge and hereby agree to this Agreement and that it constitutes the complete and exclusive agreement between us concerning your use of the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written. 

Company's failure to act with respect to a breach by you or others does not waive its right to act with respect to the breach or subsequent and similar breaches.

  1. GENERAL
  1. Amendment : We reserve the right, in our sole discretion, to change/ alter/ modify this Agreement at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed terms and conditions of the Agreement. Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
  2. Relationship : Nothing contained in this Agreement shall be construed as creating any agency, partnership, affiliation, joint venture or other form of joint enterprise between us. Our failure to require your performance of any provisions hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of the Agreement shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render the remaining provisions unenforceable or invalid as a whole and that such provisions (unenforceable) shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Agreement are for convenience only and shall not be used in its interpretation.
  3. Terms of delivery: You acknowledge and agree that we only facilitate your acquisition of the Products through our third-party logistics service providers. You further acknowledge and agree that we shall not be responsible if the such third-party logistics service provider indulges in any illegal activity  or indulges in any sabotage/vandalism against your person or property. 
  4. Grievances:  In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Site or if You wish to report a grievance regarding Site or Site Services, please report the same to the following e-mail id: care@waterscience.in or reach out to our Grievance Officer, whose contact information is detailed below: 

    Name: Rahul Krishnan
    Email: rahul@waterscience.in 
    Postal address: A-31 NGEF Industrial Estate, Whitefield Road, Mahadevapura, Bangalore 560 048.

  5. Confidentiality: You acknowledge and agree that during the course of the Agreement, information that is confidential and of substantial value to us may be disclosed to you. Such Confidential Information shall include (but is not limited to) financial information, business strategies and models, software codes, technical processes, product designs, or material related to advertising or marketing. All such Confidential Information shall be kept confidential by you for the term of the Agreement and for a period of 3 (three) years thereafter.
  6. Non-disparagement: You shall not at any time during the Term and thereafter, make statements or representations, or otherwise communicate, directly or indirectly, in writing, orally, or otherwise, or take any action which may, directly or indirectly, disparage us or any of our subsidiaries or affiliates or their respective officers, directors, employees, advisors, businesses or reputations.
  7. Notices: All notices from us will be served by email to your registered email address or by general notification on the Site. Any notice provided to us pursuant to this Agreement should be sent to legal@waterscience.in with the subject line - Attention: Terms Of Use/Agreement

 

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