These Terms of Use constitute a legal agreement between you (“You” or “Your” or “User”) and Bookwater Tech Private Limited (“Bookwater” or “We” or “Us”). It governs your use of www.bookwater.com  (“Website”) and the Bookwater mobile application (“App”) or any part thereof, including Bookwater’s software, services and related websites or mobile applications (collectively referred to as “Services”). Your access and use of the Services are subject to these Terms of Use, Privacy Policy and Payment Policy and all other policies and terms as may be applicable to You. These Terms of Use are in addition to any other agreements between you and Bookwater. By using the Services, you acknowledge that you have read and understood these Terms of Use and you agree to be bound by them at all times. If you do not agree to these Terms of Use, kindly do not use the Services.

For the purpose of these Terms of Use, wherever the context so requires ‘You’ or ‘Your’ or ‘User’ shall mean any natural or legal person who uses or registers on the Website/App or avails of any of the Services.

Disclaimers

You acknowledge that the Website/ App are only platforms that facilitate an interaction between you and our supplier/s and Bookwater is a mere facilitator between you and our suppliers.

You acknowledge and undertake that you are accessing the Services and transacting on the Website/App at your own risk and you are using your best and prudent judgment before entering into any transactions with our suppliers through the App/Website.

You further acknowledge that Bookwater is not responsible for any loss or damage caused to You or Your device/s arising out of any issues on account of usage of the Website/App on Your device/s or any interaction of the Website/App with other applications on Your device/s including but not limited to loss of data or content or money due to unauthorised or failed transactions.

You agree that the Bookwater Website/App will be updated/ modified regularly at Our discretion and failure to download the updated/ modified versions may result in You not being able to access or utilise some of our Services. Bookwater also reserves the right to terminate Your account should You fail to download or access the newer versions of the Website/ App.

Modifications

Bookwater reserves the right to modify any of these Terms of Use at any time and in any manner whatsoever, at its sole discretion, including but not limited to the right to charge for the Services (or any part thereof). All modifications to these Terms of Use shall be posted on the Website/App and shall be effective from the date of posting such notice. You agree that Bookwater shall not be liable to You or to any third party for any modification to these Terms of Use. You have the right to cease using any or all of the Services at any given time at Your discretion.

Registration

By using the Services, You agree that You are competent to contract, You are at least 18 years of age and You are not barred or prohibited by law in any manner from accessing the Website/ App and the Services.

You agree that You shall provide true, accurate, current and complete information about yourself at the time of registration for the Services or at anytime so required thereafter (“Registration Data”). Bookwater will verify your contact information by sending you a one-time password and failure to authenticate your account using this password will render your registration unsuccessful. You further agree to maintain and update the Registration Data from time to time, so as to keep it true, accurate, current and complete at all times.  In the event that Bookwater has reasonable grounds to suspect that You have provided Bookwater with untrue, inaccurate,  incomplete or out of date information, Bookwater shall have the right to suspend or terminate Your account and cease to provide You with present or future Services.

You are solely responsible for maintaining the confidentiality of Your login name and password (“Login Details”). You shall further be responsible for all activities conducted on Your account. In the event that You suspect any unauthorized use of Your account, You shall promptly notify Bookwater of the same.

Placing an order:

Upon successful registration and creation of your account, you may place orders on any of the suppliers listed on our Website/ App as a provider of services that you may require. However, the supplier shall be solely responsible for fulfilling the said orders within the timeframe specified in each order. Unless specifically stated otherwise in the order, the supplier shall supply water on the same day as the order is placed for independent orders and on the pre-designated date for recurring orders.

Our supplier/s are not authorised under any circumstances to collect any payment or monies directly from you. Please do not pay any monies to them directly.

In the event you have an issue with respect to fulfilment of your order such as delayed delivery or discrepancy in the TDS (Totally Dissolved Solids) levels of water being supplied to you, we will investigate the issues raised and consider a refund to you. However, our decision on the matter will be final.

Bookwater may publish information on offers and promotions on the Website/App. The terms and conditions governing each of these offers/ promotions shall be published alongside. You acknowledge that such offers and promotions are entirely at Bookwater’s discretion and You shall not be entitled to claim any rewards or prizes under these offers and promotions.

Charges

All charges and fees that Bookwater may levy on You shall be in accordance with the Payment Policy published on the Website/ App. Please go through the same thoroughly.

Disclaimer with respect to services provided through the Website/ App

You agree that Bookwater cannot be held responsible for the following:

1. Quality and source of water being supplied and any losses, claims or damages arising out of the same including health issues. However, in some cases Bookwater may publish the TDS levels and indicate whether the tanker fulfilling your order is full or not;
2. Fitness of the water tanker and the personnel of the supplier;
3. Any accidents caused by the personnel of the supplier;
4. Misbehaviour by the personnel of the supplier;
5. Adherence by the supplier to the terms of contract of delivery of water supply with you; or
6. Failure of transactions on third party payment gateways.

Usage Guidelines and Restrictions

You agree that the Services are for Your personal/corporate use and You shall not host display, upload, modify, publish, transmit, update or share any information which:

• belongs to another person and to which You have no right or contains any video, photographs, or images of any third-party person or group of persons without their consent (including minors represented by their parents / guardians);
• is misleading, abusive, harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, obscene, invasive of another’s privacy, defamatory, hateful, racially, ethnically objectionable, sexually explicit, bigotry, disparaging, relating or encouraging money laundering or gambling, or unlawfully threatening, unlawfully harassing or otherwise unlawful in any manner whatsoever;
• involves the transmission of ‘junk mail’, ‘chain letters’, or unsolicited mass mailing or ‘spamming’;
• infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets, invasion of rights of privacy including but not limited to unauthorized disclosure of a person’s name, email address, physical address or phone number;
• promotes an illegal or unauthorized copy of another person’s copyrighted work such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
• contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
• tries to gain unauthorized access or exceeds the scope of authorized access to the Website/App or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website/App or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
• engages in commercial activities and/or sales without prior written consent of Bookwater such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of ‘virtual’ items related to the Website/App;
• interferes with another User’s use and enjoyment of the Services;
• harms minors in any way;
• deceives or misleads the addressee/ Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• impersonates another person or group of persons;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information; providing or creating computer viruses;
• reverse-engineers or threatens to reverse engineer the App, gains or attempts to gain unauthorised access to or interferes with or removes Bookwater’s data, content or intellectual property including its trademarks, copyrights, designs and patents;
• threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation;
• is false, inaccurate or misleading and which may create any such liability for Bookwater or cause Bookwater to lose (in whole or in part) the services of its internet service providers (IPS) or other suppliers;
• competes or threatens to compete with Bookwater’s Services;
• uses the Website/App to promote Yourself or Your business, unless permitted by Bookwater in writing prior to such promotion.

You further agree that You shall not use any “page-scraper”, “robot”, “spider” or other automatic device, program, algorithm, hacking tool or methodology, or any similar or equivalent manual process or technology for the purpose of hacking, accessing, acquiring, copying, mining or monitoring any portion of the Website/App or any Content, or reproduce or circumvent the navigational structure or presentation of the Website/App or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website/App. Bookwater reserve the right to terminate any such User’s account and bar any such activity.

You shall not probe, scan or test the vulnerability of the Services or any network connected to the Website/App nor breach the security or authentication measures on the Website/App, or any network connected to the Website/App. You shall not reverse look-up, trace or seek to trace any information of any other User, including but not limited to any account on the  Website/App not owned by You, to its source, or exploit any or all of the Services or information made available or offered by or through the Website/App, in any way where the purpose is to reveal any information, including but not limited to personal identification.

You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about  Bookwater or its brand name or domain name, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Bookwater or its sellers or otherwise tarnish or dilute any of Bookwater’s trade or service marks, trade name and/or goodwill.

You agree that You shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or Bookwater’s systems or networks, or any systems or networks connected to Bookwater.

You shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website/App or any transaction being conducted on the Website/App, or with any other person’s use of the Website/App.

You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send Bookwater, on or through any of the Services offered on or through the Website/App.

You shall not use the Services or any content therein for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Bookwater or any other person.

You shall not engage in any transaction, which is prohibited by the provisions of any applicable law of India or Your respective domestic laws, including prevailing exchange control laws or regulations and / or international law.

Content

The Services may allow You and other third parties to post data, messages, comments, photographs, drawings, opinions, videos, audio files, e-mails, notes and other materials and information that may be accessible by You or other Users. (“Private Content”); (the Private Content along with the User Login Details and Registration Data shall collectively be referred to as “User Content”). You agree that You shall be personally responsible for all User Content transmitted through any or all of the Services. You shall ensure that all User Content posted by You shall be in accordance with Bookwater’s Privacy Policy and these Terms of Use.

Bookwater may at its sole discretion review and delete any User Content, in whole or in part that Bookwater may perceive to be offensive, illegal or violating any third-party rights and / or otherwise breaches these Terms of Use.

You hereby grant Bookwater complete access to Your User Content including but not limited to a royalty free, worldwide, transferable license to use Your User Content for the purposes of rendering the Services or rendering you access to the Services (or to any part thereto).

Termination

These Terms of Use shall remain in full force and effect unless terminated in accordance with this section. You may choose to terminate Your account for any reason, at any given time.

You agree that Bookwater may at any given time, at its sole discretion terminate Your Login Details, Your account (or any part thereof), use of the Services and/or access to the Website/App (or any part thereof) due to lack of use of the Services, improper use of the Services, violation of any law in force or these Terms of Use or failure to pay any fees, where applicable.

You agree that under no circumstances shall Bookwater be liable to You or any third party for any modification or termination of Your access to the Services, or for Your inability to recover any User Content.

Limited liability

Bookwater, its affiliates, suppliers, and their respective officers, directors, shareholders, employees, and agents shall not be held liable for any indirect, speculative, consequential, exemplary, incidental, special or punitive damages, which may include but not be limited to loss or theft of data, failure in the Services, business interruptions, and loss of profits, revenues or data or any other financial loss, regardless of whether such persons had advance notice of the possibility of any such damages. To the extent permitted by law, Bookwater, its suppliers, distributors, shareholders, directors and employees’ liability shall not exceed the amount paid by the User for the purpose of availing the Services.

Bookwater shall not be liable for any conduct, behavior or actions of the suppliers. However, We, encourage you to notify us of any complaints that you have against the suppliers or the services rendered.

You agree that Bookwater is only a facilitator and Bookwater shall in no event be liable for the quality of water or services provided.

Each of these provisions are severable and independent of all other provisions of these Terms of Use. Notwithstanding the above, Bookwater shall not be liable for any unforeseeable and/or unreasonable damages.

Bookwater shall not be liable for any third-party content, actions, services; or links to third-party websites on the Website/App, which are not under the control of Bookwater. You are advised to exercise discretion while relying on the same.

Bookwater shall neither be liable nor responsible for any actions or inactions of suppliers or other persons nor any breach of conditions, representations or warranties by the suppliers or their personnel and hereby expressly disclaim and any all responsibility and liability in that regard.

Indemnity

You agree to defend, indemnify and hold harmless Bookwater, its affiliates, suppliers, and their respective officers, directors, shareholders, employees, and agents from and against any and all cost, damages, liabilities and expenses (including reasonable attorney fees, costs, penalties interest and disbursements) they may incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to Your use of the Services  or the use of the Services by any person using Your account, including any claim that Your use of the Services violates any applicable law or regulation,  rights of any third party or these Terms of Use.

Grievances

For any issues relating to the Website/App or quality of services please email us at support@bookwater.com.

You are requested not to contact the suppliers directly for any services. In the event that you directly contact the supplier, Bookwater shall not be responsible for any actions or behavior of the suppliers.

Please report any payment or invoice related issues within 48 (Forty-Eight) hours of the issue arising.

Representations and Warranties

The Services and content thereto made available to You through the Website/App or otherwise are provided to You on an ‘as is’ basis, without representations or warranties of any kind. Bookwater disclaims all representations and warranties whether expressed or implied, oral or written with respect to the Services or content thereto, whether alleged to arise by operation of law, by reason of custom, usage or otherwise.

Bookwater further makes no representation or warranty with respect to the quality, value, scalability, functionality, accuracy, authenticity, title and non-infringement of the content or Services offered on the Website/App or otherwise.

Intellectual Property

You shall own all right, title and interest including all intellectual property rights to Your User Content. Bookwater shall not be responsible for any infringement of any third-party intellectual property rights in the User Content posted by You on the Website/App, in Your private messages or otherwise.

Your access to the Services is governed and limited by your acceptance of these Terms of Use and Bookwater shall retain all rights, title and interest in and to the Services and all intellectual property thereto including but not limited to various tangible and intangible information including, various data, trademarks, trade names, trade secrets, registered or unregistered patents, copyrights, designs, or any other documents.

Force Majeure

In no event shall Bookwater be liable for any loss or damage incurred due to failure or deficiency in performance of its Services or the services rendered by its suppliers due to causes beyond their reasonable control including war, fire, blockade, strikes (excluding strikes by its/his/her own personnel) or natural catastrophe or any other force majeure event.

Governing Law and Arbitration

These Terms of Use shall be governed and construed in accordance with the laws of India. All disputes, claims, suits and actions arising out of this Agreement or its validity shall be finally decided by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The arbitral tribunal shall comprise of a sole arbitrator mutually appointed by the parties to the dispute. The venue for arbitration shall be at Chennai City, India. The arbitration proceedings shall be conducted in English. Any award made in such arbitration shall be final and binding on the parties to the dispute.

Subject to the above, the competent courts at Chennai City, India alone shall have the jurisdiction over issues arising out of this Agreement.

Severability

Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining portions hereof or affecting the validity or enforceability of such provision in any other jurisdiction.