These terms and conditions also referred as Terms of Service or Terms of use or T & C is to be applicable for mobile application on all platforms i.e. Android and iOS. These T&C sets forth clauses that embody the rules, requirements, restrictions and limitations that a user must agree as a precondition to use this mobile app or services offered by this app. These T&C collectively forms an important legal agreement between application and its users. Relationship between application and its user is defined. Though the requirement is not mandated by any law but for the purpose of benefits to both app and its users and also to provide a basis for ascertainment of liability and other matters these T&C are provided in this application. Terms and Conditions are provided to maintain rights to exclude users from app in the event that they abuse app, and to maintain legal rights against potential abusers of app, provide for liability of app, to define permitted conduct of application, set up and indemnification process, implement limitation or exclusion of liability etc.
Scope:
Definitions and interpretive Matters: The terms appearing in these rules shall be interpreted according to their natural meaning unless a different meaning is provided for the term purpose. Some of the meanings are hereby provided:
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and admin of the App (water express Hyd) (“we,” “us” or “our”), concerning your access to and use of the app as well as any other media form, media channel, mobile, website or mobile application related, linked, or otherwise connected thereto (collectively, the “app”).
You agree that by accessing the app, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the app and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the app from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason.
We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the app after the date such revised Terms of Use are posted.
The information provided on the app is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the app from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Conditions apply to any and all use of the app. By using the app, the user signifies their acceptance to these Conditions in full and agrees to be bound by them.
No access to the Services will be permitted unless the Conditions are accepted in full. No user is entitled to accept part only of the Conditions. If a user does not agree to the Conditions, such user may not use the Services.
All users agree to comply with the Conditions and accept that their personal data may be processed in accordance with the Privacy Policy.
In the event that any user fails to comply with any of the Conditions, we reserve the right, but not the obligation at its own discretion, to withdraw the User Account in question and suspend or withdraw all Services to that user without notice.
These Conditions are intended to create binding rights and obligations between user and the app in accordance with the Indian Contract Act, 1872.
We can change the terms and conditions listed above without any notice to users and we reserve the right to change them.
In addition, we may vary or amend the Services provided through the app, its functionality and/ or the “look and feel” of the app at any time without notice and without liability to users.
In addition, we may vary or amend the Services provided through the app, its functionality and/ or the “look and feel” of the app at any time without notice and without liability to users.
Users will be deemed to have accepted any varied Conditions in the event that they use any Services offered through the app following publication of the varied Conditions.
Users shall retain all ownership rights over the content posted in the application, and we do not claim any right or title over the content part.
Ownership over content/data lies with the user however when user uploads or submits content in the app for the purpose of providing service they grant us license over the content to us. Such license allows us to use the content for the purpose of offering service to users and also to communicate, distribute, modify, publicly display or perform, publish, reproduce, store and use such content worldwide. This license granted by users is for the purpose of operating, promoting, marketing and improving our services.
Users are expressly asked not to publish any defamatory, misleading or offensive content or any content which infringes any other persons intellectual property rights (e.g. copyright). Any such content which is contrary to our policy and we does not accept liability in respect of such content, and the user responsible will be personally liable for any damages or other liability arising and agrees to indemnify us in relation to any liability it may suffer as a result of any such content. However as soon as we become aware of infringing content, we shall do everything it can to remove such content from the app as soon as possible.
Unless otherwise indicated, the app is our proprietary property and all source code, databases, functionality, software, app designs, audio, video, text, photographs, and graphics on the app (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the as in force in India and international conventions.
The Content and the Marks are provided on the app “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the app and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the app, you are granted a limited license to access and use the app and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the app, the Content and the Marks.
1. Account and information:
Account: In order to use the Services each user (customer) must create a User Account and agrees to provide any personal information requested.
User agrees and accepts that all of the information they provided when setting up their User Account and at any other time shall be true, correct, complete and accurate in all respects. user also agree that any information supplied or posted on the app in connection with name, address, mobile number, bank account details and the like will be true, accurate and complete. User agrees and understands that we may undertake any verification to confirm the accuracy of any information provided by the user. We will not be liable to any user in the event that any information provided by another user is false, incomplete, inaccurate, misleading or fraudulent. Unless expressly agreed by us, users are limited to one User Account per user. No User Account may be created on behalf of or in order to impersonate another person
Required information: users are required at the time, when for the first time they download the application or any time after that are required to fill in asked information, without which services cannot be availed. The information so required is to include name, mobile number, email address, location, bank account details and other details as required. Such information is to be provided in the form requested and also correct information is to be provided.
Confidentiality: Information or data entered by users in the application or otherwise known through this application by us shall not be in any case shared with any third party to the prejudice of the users, except when it is required by law or justified by law to do so or where there has been fraud played on by users.
2) Service:
This application offers to sale and supply of water cans to users through various modes i.e. one time delivery, monthly subscription and express delivery in selected area. We provide the services in the areas of Hyderabad and surroundings including Kondapur, Masjid Banda, Gachibowli, Nanakramguda, Manikonda, Khajaguda, Narsingi, Nallagandla, Kokapet, Raidurgam, Jubilee Hills, Banjara Hills, Film Nagar, Gandipet, Bandlaguda, Attapur, Toli chowki, Sun City. We may extend the services to other areas or restrict to some of the areas at our discretion.
User can visit profile and Edit profile picture, Edit profile, Edit or change mobile number, address etc.User to enter details in the profile as to address.
3) Messages:
User can in this section communicate with us via Message, or call.
We may review, scan, and moderate the messages the users exchange with us through the app in particular for fraud prevention, customer support purposes and ensure compliance with applicable law. By using the app and accepting the Terms and conditions user agrees that we, at our sole discretion, may review, analyze and moderate the messages exchanged through the app.
In particular the user undertakes to refrain from writing/sending any message which content:
4) Contacting users
By accepting the terms and conditions contained herein, every user hereby agrees and gives consent to us to communicate via phone calls, sms, email and such other means as we may deem fit. Such communications to users may be recorded through technical support provided by third parties for the purpose of training, quality and for regularly updating the users about the services of application.
5) Process:
This application provides for users to place order for various type of water cans.
All products are subject to availability, and we cannot guarantee that items will be in stock]. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
We are offering this application on as-Is basis and provide no guarantee or representation or conditions of any kind legal, express or implied arising out of usage of this application.
Due care has been taken to ensure that all the information contained in this application is correct; despite all efforts in case of any error we shall not be liable. We don’t give any warranty regarding virus or any other similar programs that may occur due to usage of this application.
This being an internet based mobile application may sometime mal function or cause some technical problem, we shall try to remove such defects at our earliest convenience, and shall not be liable to pay damages in case of such defect in running of the application.
We accept the payment via payment gateway. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the app. You further agree to promptly update account and payment information, including email address, payment method, and bank details, so that we can complete your transactions and contact you as needed. tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Indian Rupees only.
You agree to pay all charges at the prices then in effect for your purchases and any applicable delivery fees, transactional charges, maintenance cost, service charge and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.
If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the app. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
We may provide you areas on the app to leave reviews or ratings. When posting a review, you must comply with the following criteria:
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.
We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, nonexclusive, worldwide, royalty-free, fully-paid, assignable, and sub licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the app ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
Rights of the app owner: admin to have the following rights:
1) Termination: we reserve the right to terminate any of the users account without any prior notice if the user violates any of clauses of these T&C or create risk or possible exposure to legal proceedings.
2) Relationship: it is hereby unequivocally stated that we are neither agents nor partners with any of the user who avails the services.
3) Complaints: Any complaints or grievances shall be communicated through email address provided or phone number given, best endeavor will be made to redress the same as soon as possible.
4) Marks: No person shall use our marks and shall be held liable for passing off/ infringements incase similar or identical marks are used resembling our app or of same features or display design etc.
5) Jurisdiction: any dispute arising as a result of usage of this application shall be subjected to jurisdiction of courts in Hyderabad only.
6) Governing Law: these T&C are to be governed as per laws that are in force in India and the laws in the state of Telangana.
7) Intellectual property/copy rights violation: if it is informed that the content of the application/website are causing copyright/Trade mark violation we shall take down/remove any material that turns out to be copyrighted if the violation is brought to our attention. We have a plan and policy in place for taking down violating material when it is brought to our attention.
8) Other terms and conditions: besides the terms and conditions contained herein user shall be subjected to terms and conditions which shall be shown in app from time to time.
9) Waiver: user cannot waive either by any act or abstinence any of these terms and conditions and privacy policy.
10) Contact us: any person whether user or otherwise can contact us.