Terms and Conditions for Registered Consumer
The following terms and conditions will constitute the legally binding contractual agreement between you, who will be referred to hereafter as “registered consumer” and Loomian Enterprices Pvt. Ltd., regd office: Adarsha Nagar Road, TMC 14/135-1, Chittethukara, Kakkanad, Ernakulam, Kerala, India 682037, hereafter referred to as “Agua”.
HOWEVER, it is mutually agreed that the Terms and Conditions may be amended at the sole discretion of Agua and such amended terms and conditions shall be in force from the date of notification of such amended terms and conditions on the web site/platform.
Terms and conditions as herein provided or as amended from time to time, shall be applicable from the time when the registration is made by a Registered consumer, till the time the Registration is valid or till the time a service is availed using the platform. These terms and conditions shall continue to govern the matters between the parties covered herein arising during its currency, and even after the expiry of the agreement.
Definitions:
PLATFORM
Platform means the website/ application or any other means through which Agua provides its services to registered distributor or registered consumer through electronic means.
THE SERVICE of Agua is to provide a platform wherein registered consumers can place single or bulk orders for water bottles and refills, or to subscribe refills of their choice brand which will be catered through registered distributors, and ‘SERVICE’ in this agreement will have that meaning.
REGISTERED CONSUMER means a person who has registered as a consumer accepting these terms and conditions applicable to such registration on the platform.
REGISTERED DISTRIBUTOR means a person who has registered as a distributor accepting terms and conditions applicable to them on the platform.
Registration:
Any person who has, using the provisions provided on the platform, provided all the necessary information, and accepted appropriate terms and conditions would be registered as Registered Consumer/ Registered Distributor as the case may be.
The mobile number and email ID provided at the time of registration would be treated as the registered mobile number/ Email ID of the Registered Consumer/ Registered Distributor, unless it is changed through the facility provided for on the platform.
By registering as a Registered Consumer/ Distributor, the person so registering is expressly representing that the person is a legal entity or natural person eligible to enter in to legally binding contracts. Agua shall not be held responsible for any misrepresentation or suppression in this regard.
On registration, the Registered Consumer/ Distributor shall be permitted to set up a password. The said Registered Consumer/ Distributor shall be solely and entirely responsible for the safeguard of confidentiality of the password and it is mutually agreed that Agua would be free to assume that any usage of the platform with the said password, including use of password saved in any device and automatically used in the platform, shall be usage by the Registered Consumer or by a person authorized by them. The Registered Consumer shall notify Agua immediately on them noticing any unauthorized or suspicious use of the platform.
Verification:
The Registered Consumer/ Distributor will be subjected to telephonic verification through the telephone number provided at the time of registration or/and Email verification through the Email address provided at the time of registration by the consumer.
Legal Relationship
Agua only provides a platform for connecting the Registered Consumer/ Distributor.
Agua in no manner guarantees any minimum standard/quality of service to any Registered Consumer or any minimum quantum of business to any Registered Distributor.
Nothing in these terms and conditions shall be deemed to create any partnership, Joint Venture, agency, employer employee relationship, trust or fiduciary relationship between Agua or any Registered Consumer/ Distributor.
The contract between Registered Distributor and Registered Consumer shall be independent and Agua will have no role to play in the same except to the extent of dispute resolution system provided under these terms and conditions.
Orders and Subscription
Registered Consumer can place orders with minimum quantity (two refills/purchases)/ scheduled subscription order/ non-scheduled subscription order on the platform.
The registered consumer shall be able to only place orders for a minimum of two jars.i.e. minimum quantity per order. In case one additional New Jar is required, the Customer Support assistance can be utilised. Subscriptions shall be available only for refills.
The Registered Customer is required to place an order for a minimum of 2 water cans/bottles as Single Can/bottle orders are no-longer accepted.
In case of scheduled subscription order, the Registered Consumer can opt for delivery of water refills on a regular interval which can be set on the platform. The order shall be valid till the time chosen for the same by the Registered Consumer and the payment for the same shall be made in advance.
In case of unscheduled subscription order, the Registered Consumer shall be able to pay for refills in advance and activate a refill during the validity of the subscription subject to availability of outstanding advance amount. Till such refill is activated, delivery will not be initiated.
Every delivery pursuant to any order or part thereof shall be assigned through the platform to an appropriate registered distributor for delivery.
A subscription can be cancelled only till the delivery of the first refill is made under the subscription. After the same, subscription shall not be permitted to be cancelled.
All orders shall be delivered on the chosen day from the list of available slots for the delivery of the chosen brand.
The rates and terms and conditions applicable to each order shall be indicated when the respective order is being placed on the platform and the Registered Consumer is deemed to have accepted the said terms and conditions as part of these terms and conditions by accepting the same, and placing the respective order on the platform.
Dispute resolution system Agua will provide on its platform a method for both Registered Consumers/Distributors to raise a complaint or dispute against the other in respect of any service booked through Agua.
Any complaints relating to the service availed by the Registered Consumer or any payment due to the Registered Distributor, shall be communicated with in 48 hours to the Agua.
Agua will consider the said complaint through its dispute resolution council with reasonable opportunity to both parties. Opportunity will be provided only to make response through email and for this purpose the details of the complainant and contents of the complaint would be shared with the opposite side. The decision of the council shall be final.
For every order of refill the registered consumer shall be responsible for returning an unfilled bottle which would be replaced by a filled bottle. Unfilled bottle shall be readily available when the filled bottle is brought. If unfilled bottle is not handed over at the time of delivery the order for refill would not be catered to and it shall be cancelled at the sole discretion of the delivery partner.
If any order is cancelled before commencement of delivery the full amount would be returned to registered consumer. Order will not be permitted to be cancelled if the delivery has commenced.
Removal and Black listing
If on verification, or complaint or by any other means Agua comes to realise that the Registered Distributor/Registered Consumer has provided false, inaccurate, incomplete, misleading, or fraudulent information on the platform, Agua may in its discretion remove the Registration of the Registered Distributor/Registered Consumer and /or blacklist the Registered Distributor, thus preventing such Registered Distributor from again registering on the platform.
The actions mentioned above which may result in removal /blacklisting would also make the Registered Distributor/ Registered Consumer for being subjected to legal action both under civil and criminal law. The removal /blacklisting as the case would be without prejudice to such legal action Agua may take.
Queries,Complaints and Information
If you have queries, complaints or require more information, you may email us at book@aguaindia.com or contact support by phone at:+917273006006
Agua will only be liable to disputes raised with respect to an order placed via the application and the registered distributor that took part in delivery. Any issues arising outside the same will not be under the authority of Agua to resolve.
A Registered consumer is required to inform the support team in case of any application failure such as failure to place orders, payment errors etc.
A Registered consumer can also request to change existing brand to another available brand for the following reasons however any difference in price shall be incurred by the registered consumer itself:
- The delivered brand is not to your liking(Taste/Bottle Quality/Price).
- If the Registered distributor misbehaves or refuses to deliver.
Agua is not liable for the quality of the products except for the ones owned by Agua. The quality of all other products are to be guaranteed by the respective manufacturers however Agua examines basic quality of the products sold.
Additional Payments
If the registered consumer orders to a flat/apartment that has no functioning lift/elevator facililty, a Floor charge per floor shall be levied on the registered consumer from the second floor onwards. Failing to pay the same or deliberately giving false information on the same can lead to order cancellation.
A delivery charge has to be incurred by the registered consumer per order on Express Deliveries.
Agua can levy platform charges from the registered consumer for the service offered through the convenience of the app.
Communications
The Registered Consumer/ Registered Distributor hereby agrees that any communication send to the email address provided by them at the time of registration or as updated from time to time shall be sufficient communication to them regarding the matter communicated. This shall include, but not limited to, any information regarding change of these terms and conditions or any notices in respect of any proceedings under Dispute Resolution System, or Removal and Blacklisting Procedure.
Rating
A Registered Consumer would be provided an option to rate the Brand of Water and Service by Registered Distributor. The said Registered Consumer would be also permitted to give a feedback regarding various brands and service of Registered Distributor.
The average rating given by Registered Consumers and the feedback given by them as against the Brands of Water and Registered Distributor would be made available for other Registered Consumers.
Indemnity
Agua shall not be responsible for the service provided to the registered consumer by the registered Distributor. The registered Distributor shall endure to give best service to the registered consumer and the registered Distributor shall always indemnify Agua against any claim of a registered consumer in respect of the service rendered by the said registered Distributor.
Agua shall not be responsible for the behaviour of Registered Consumer towards Registered Distributor. The Registered Consumer shall always indemnify Agua against any claim of a Registered Distributor in respect any behaviour of Registered Consumer towards them.
Privacy
Agua collects personal information which is willingly provided by the Registered Distributor/Registered Consumer only. It includes and is not limited to, name, email address, address, phone numbers and other contact details, GPS location, profile description, password, bank account details and professional credentials /licenses for the purpose of connecting the Registered Distributors with Registered Consumers. Agua does not rent or sell any of the information to third parties. Agua would disclose the information collected only to users of the platform for the purpose of enabling interaction between services providers and consumers. Agua will not share any of the information with any third parties without the express consent of the person providing such information. Any information provided by Registered Distributor/ Consumer shall be secured with industry standard protocols and technology by Agua.
However, nothing in this agreement shall prevent Agua from disclosing any information given to it to any Governmental Agency or Authority who may demand such information as authorized by any law in force.
Agua may collect IP Address of any person who logs in to its website or on the platform and would also collect information from the browser used as cookies, and store such information. These information are used only for system administration purposes and they are not in any manner linked to personally identifiable information unless in case of detection of fraud or crime.
Any personal information collected by Agua is secured through industry standard protocols and technology and is stored on the servers/ systems accessible only to authorized personnel of Agua with whom non-disclosure agreements are in place mandating confidentiality in respect of client information.
Intellectual Property
The Registered Distributor/ Consumer hereby represents that any information they provide on the platform shall not violate any intellectual property rights of any third party and undertakes that they would keep Agua indemnified as against any claim arising from such violation of Intellectual property rights of third parties by the Registered Distributor/ Consumer
The contents made available by Agua on the platform are its original work and the intellectual property rights in respect of the same shall remain with Agua. The contents include and are not limited to the logo, icons, graphics, feature logos, token system and its algorithm, check-in feature, search algorithm, ad words, User Interface, Agua Coupon System and its algorithm, etc. The Registered Distributor/ Consumer undertakes not to use any such content without the express written permission of Agua.
Change of terms and conditions
Agua reserves to itself all rights to unilaterally amend the terms and conditions here in contained as and when need arises. Any revision of such terms would be ex post facto be intimated to both registered Distributors and registered consumers by communication over the platform. By continuing to use the platform after such intimation the users are consenting and concurring to the amended terms and conditions.
Arbitration
Any dispute arising under this agreement shall be resolved through arbitration under Arbitration and Conciliation Act,1996 through a sole arbitrator to be appointed by Agua.
Jurisdiction
Any dispute that arise in respect of any claim under this agreement shall be subject to the jurisdiction of the courts at Ernakulam only.
Force Majeure
While all efforts will be taken by Agua to keep any down time that may occur for the platform to the minimum, Agua shall not be responsible in any manner for any failure or delay in performance of any obligations arising from these Terms and Conditions due to labour disturbances, accidents, natural disasters, strikes, wars, riots etc., or acts of government, or any disruption of communication system like internet.