Subscription contract terms and conditions for ro/ water purifier
Certain words in this Subscription Contract have a specific meaning and are explained below:
- Account Balance: the current available amount in Customer Account.
- Activation: means activation of the Service under the terms of this contract, after Installation of the Unit including provision for service for upgrade at the Address
- Carry Forward: the balance units left in the Customer Account onto the next month upon subsequent pre-paid recharge. However, such carry forward of balance units of water can only occur once after the initial subscription fee is paid.
- Grace Period: the period starting from the notified due date i.e. the date on which Customer Account is due for recharge until the date the service of costumer is deactivated for failure to maintain the Minimum Account Balance.
- Helpline: OWO Technologies Pvt. Ltd. Call Centre.
- Installation: set-up of the Unit at the Address.
- Minimum Account Balance: the Subscription Fee required to cover at least 1 day of subscription of the costumer chosen Service (in case of monthly subscriptions) or total value of the customer chosen Service (in case of Long Duration Subscriptions or showcase events)
- Package: any package for providing specific units of Water which may be offered and selected by Customer from time to time as part of the Service.
- Premises: Address provided by Customer for the Installation of the Unit.</.li>
- Registration: by paying registration fee for subscription on OWO Technologies Pvt. Ltd. website or any other mode authorized by OWO Technologies Pvt. Ltd.
- Customer: shall mean a person (You) who agrees to these Terms and Conditions for availing OWO Technologies Pvt. Ltd. Services but excludes Commercial Establishments and referred to as Customer, in this Contract and includes any person/persons who uses services under the Customer)
- Customer Account: the personal subscription account of customer with OWO Technologies Pvt. Ltd. for carrying out all transactions with OWO Technologies Pvt. Ltd.
- Customer ID: the unique Customer identification code issued to customer for purposes of accessing Customer’s Account and availing of the Service at the specified Address.
- Subscription Contract: this contract together with its Terms and Conditions stated on www.owowater.com or owo water application, and the Installation Work Order and Relocation Work Order as modified and amended by OWO Technologies Pvt. Ltd. from time to time.
- Subscription Fee: the amount payable by customer to receive the Service.
- RO/ Water Purifier/Unit/Product: OWO Technologies Pvt. Ltd. RO/ Water Purifier. Model No. ClassiX, Excel Pure, Drink Fresh, Emperor, King Top.
These terms and conditions mentioned below shall form the Subscription contract between the parties, i.e. OWO Technologies Pvt. Ltd. Private Limited and the Customer and shall be governing their mutual relationship and shall be binding on both parties, on their representatives, assigns, successors in interests of parties and shall also be equally applicable on all persons/entities who are using the services of OWO Technologies Pvt. Ltd. under the customers.
3.Declaration by the parties
By agreeing to these terms and conditions, the customer declares that:
- He/she is an individual residing in India, above 18 years of age, fully competent under law to enter into the Contract or;
- A OWO Technologies Pvt. Ltd. /entity having its place of business in India, represented by an individual having appropriate authority to accept the Contract;
- That all information provided to OWO Technologies Pvt. Ltd. and KYC submitted are accurate, true and correct.
- customer has subscribed the chosen plan after fully understanding all commitments, obligations and its suitability
- before agreeing to the said terms and conditions, the customer has fully understood and accepted the present terms and conditions
- the customer has been notified that no salesperson or agent of OWO Technologies Pvt. Ltd. is authorized to change any term of this Agreement or to make any warranties or representations about, it, oral or otherwise.
- He/she acknowledge that the Agreement is not an offer by OWO Technologies Pvt. Ltd. to sell the RO/ Water Purifier to Customer and OWO Technologies Pvt. Ltd. are not obligated to accept any offer made.
4. Term of contract
The Contract will commence upon on the date of Online Payment (“Registration”) and acceptance of Terms and Conditions contained herein and, will remain valid, subject to applicable Terms and Conditions till the validity of the said plan and/or continued usage of the services of OWO Technologies Pvt. Ltd. under the subscribed plan, unless terminated prior in accordance of this contract.
5. Information/ identification of customer
The customer shall provide the complete, accurate and true information and valid KYC Documents which must include Valid Photo Identity Card & Valid Address Proof and such other documents as may be called and/or required by OWO Technologies Pvt. Ltd. and/or mandated by law. The customer shall be eligible to take the equipment/product under the lease product offer/scheme provided by the OWO Technologies Pvt. Ltd. only once the KYC of the lessee/customer has been approved from the office of the OWO Technologies Pvt. Ltd. . OWO Technologies Pvt. Ltd. and/or its authorized agents shall be entitled to visit the customer and the scheduled premises for the purpose of verification. The KYC of the lessee/customer shall be reviewed by the OWO Technologies Pvt. Ltd. within 5 working days. OWO Technologies Pvt. Ltd. will not be liable for any incorrect information and/or document provided by the Customer, whether obtained illegally, or by means of fraud or forgery, or otherwise. The OWO Technologies Pvt. Ltd. reserves the right to reject, in whole or in part, and without any liability whatsoever, any subscription offer, without assigning any reason, including for incomplete or incorrect information/documents.
6. Access to the customer
OWO Technologies Pvt. Ltd. grants the access to the Customer, subject to payments, permission RO/Water Purifier and customer shall not use the RO/Water Purifier for personal and non-commercial use, the access is limited as per plan subscribed, in accordance with these terms and conditions. RO/Water Purifier shall be commissioned at the address as shall be instructed by the Customer, which hereinafter shall be called and referred as ‘Scheduled Premises’.
7. Incidental provisions
The customer shall be responsible for arranging provisions incidental to said RO/Water Purifier such as, but not limited to having continued, internet connections, uninterrupted raw water supply, electricity supply and drainage for waste water at its own costs, without any right of reimbursement from OWO Technologies Pvt. Ltd. . OWO Technologies Pvt. Ltd. will not be liable if any water and/or power supplies/Internet connection are faulty or incompatible and the loss or inability to use due to any defect and/or deficiency in raw water and power supply shall not absolve the Customer from the Customer’s liability to pay charges on account of the Service and/or the use of the Product. The Customer is solely responsible to ensure that the Customer has internet connection to access and/or use Product and OWO Technologies Pvt. Ltd. Or OWO water Application .
8. Product installation
OWO Technologies Pvt. Ltd. or its affiliates shall install the Product at the location of the Customer’s premises (“Premises”) upon receipt of confirmation of the order for installation from the Customer. The Customer acknowledges that up to 7 business days may be required from date of receipt of confirmation order for Engineer to install the said Unit at the Premises. The Customer is entitled to verify identity of the agent/ engineer sent by OWO Technologies Pvt. Ltd. for installation of Unit at Premises. The Customer acknowledges that any dispute between Customer and 3rd party upon whose premises such services are availed, will not involve OWO Technologies Pvt. Ltd. and the duty to ensure necessary permissions and dispute resolution belongs solely to Customer. OWO Technologies Pvt. Ltd. reserve the right to charge Customer and debit Customer’s Account, if the Engineer has visited and the Installation has not taken place because:
- Any necessary permission(s) /authorisation(s) have not been obtained or are withdrawn
- Customer or Customer’s Authorised Representative are not present at the appointed time;
- Customer has failed to furnish a valid age proof and address proof, photo identification as required;
- Of a lack of authorized third-party services and materials required for Installation;
- Of any other force majeure event. Orders placed on Sunday and after working hours 9:00 AM to 7:00 PM will be considered under next working day order.
As the subscription plans of RO/Water Purifier are based on monthly basis, with supply of specific units of water (in Liters) corresponding to the package purchased by the Customer upon registration, on pre-paid basis therefore the customer has to recharge immediately either on the event of reaching the maximum consumption fixed or on the expiry of month term, whichever happened earlier.. These services shall continue/ be determined earlier upon recharge of said package or upon non-recharge respectively, as provided by the terms and conditions set forth herein. If the customer has an excess requirement of the water consumption then customer can recharge /top up the equipment/product as per the said requirement from the app of OWO Technologies Pvt. Ltd. . The liability of the customer to pay the monthly fees as per the agreed and subscribed plan is absolute, notwithstanding that the customer was not using the said RO or the services were suspended due to failure of customer in recharging and/or topping up of the RO/Water Purifier.
The customer can opt any of the following plans for different RO/Purifiers:
SILVER: Rs.499 ClassiX (Rs.20,000) – 200L/Month
GOLD: Rs.699 Excel Pure (Rs.28,000) – 200L/Month
DIAMOND: Rs.599 Drink Fresh (Rs.20,000) – 200L/Month
PLATINUM: Rs.2699 Emperor (Rs.38,000) – 500L/Month
TITANIUM: Rs.1599 King Top (Rs.45,000) – 400L/Month
10. Change of plan
OWO Technologies Pvt. Ltd. provide the Customer to subscribe to any one of OWO Technologies Pvt. Ltd. service packages, for details of the service packages kindly refer to OWO Technologies Pvt. Ltd. website www.owowater.com or OWO water Application, Customer may migrate from a particular package to any other existing package offered by OWO Technologies Pvt. Ltd. with a request in writing by way of registered e-mail and thereupon registration to a new package, as per the relevant terms and condition prescribed by OWO Technologies Pvt. Ltd. from time to time. In order to change the Package, Customer must have a Minimum Account Balance and be authorised to receive the Service. The requested Package will be effective within 3 working days from the date of request. Customer will be liable to pay the applicable charges for the requested Package and such charges shall be effective from the date of migration to the said Package.
11. Pricing & security deposit
The Subscription Fee shall be non-refundable and in accordance with the subscription plans as displayed on the company website and may be changed from time to time, without any prior notice. The OWO Technologies Pvt. Ltd. reserves the right, to change the prices, including increase the prices or modify the plan and offer in accordance with Applicable Law. Customer must visit the OWO Technologies Pvt. Ltd. Website for the updated prices, tariff plans and offers. Customer may be called to maintain interest free security deposit (“Security Deposit”), if required in accordance with the terms of the package or the offer that may be subscribed by the Customer. OWO Technologies Pvt. Ltd. reserves the right to charge a Security Deposit and make reasonable adjustments to the said Security Deposit in full or in part satisfaction of any sum due from the Customer to the OWO Technologies Pvt. Ltd. at any time. The Security Deposit will be refundable upon expiration or termination of the Subscription herein after adjustment of any sum due from the Customer to OWO Technologies Pvt. Ltd. .
12. Carry forward of balance unit
If the Customer has not utilised entire units of water per package, such balance units shall be carry forwarded (“Carry Forward”) in the next month upon subsequent prepaid recharge. However, such carry forward of balance units of water can only occur once after the initial subscription fee is paid.
OWO Technologies Pvt. Ltd. reserves the right to charge additional amount from the Customer including Relocation Services, repair services, or such other offers, packages and additional services provided or associated with the Product. All payments, once paid, are not refundable unless the payment has been incorrectly drawn by OWO Technologies Pvt. Ltd. , or if customer have advised OWO Technologies Pvt. Ltd. that Customer do not want to proceed with a Plan. The customers are unconditionally bound to pay all amounts due under this Agreement for the minimum period of commitment in full without set-off, or counterclaim, and without any deduction in respect of taxes, unless prohibited by law or any account whatsoever. Without prejudice to OWO Technologies Pvt. Ltd. right to deactivate and cancel the Service, OWO Technologies Pvt. Ltd. reserve the right to charge interest at 18% per annum or the maximum rate permitted by Law on any past / current due amounts. Customer shall be entitled to only those discounts, credits or refunds as expressly authorized by OWO Technologies Pvt. Ltd. . OWO Technologies Pvt. Ltd. reserve the right to vary the prices for the Service from time to time. The Service will be made available to Customer during the Grace Period. Prior to the expiry of any applicable Grace Period, Customer will be required to maintain a Minimum Account Balance in Customer Account.
Unless otherwise specified by the OWO Technologies Pvt. Ltd. , the Customer is solely responsible and liable for payment of all taxes, duties, levies and charges imposed by or under any applicable law in connection with the product, Services or any associated services. Taxes collected by the OWO Technologies Pvt. Ltd. from the Customer will not be refunded under any circumstances including cancellation or termination or deactivation of the Subscription for any reasons by the OWO Technologies Pvt. Ltd. or at a request of the Customer.
15. Payment terms
OWO Technologies Pvt. Ltd. never asks for any payments in Cash. The mode of payment shall be only digital and as available on the website and on OWO water application . All payments shall be made through banking either by online transfers and/or credit-debit card and/or any other mode, in the designated account of the OWO Technologies Pvt. Ltd. as shall be communicated on the registered mobile number of the customer and/or displayed/notified on the website of the OWO Technologies Pvt. Ltd. , but never in cash. All Payments due to the OWO Technologies Pvt. Ltd. will be debited through the Customer Account including without limitation Installation Fee, Activation Fee and Reactivation Fee. Monthly Subscription Fee towards the Selected Packages will be debited through the Customer Account on a monthly basis, unless otherwise informed by the OWO Technologies Pvt. Ltd. . Any Month-Parts will be treated as a full Month for purposes of Subscription Fee. Customer must maintain a Minimum Account Balance to ensure uninterrupted services from the OWO Technologies Pvt. Ltd. . All payments shall be made in full by the due date. Any delay in payment beyond the due date will result in suspension or disconnection of the RO/Water Purifier service as deemed fit by the OWO Technologies Pvt. Ltd. . If the Customer fails to recharge his account on time or his account balance turns negative for any other reason, OWO Technologies Pvt. Ltd. shall have the right to stop the Product to function as desired and shall also have the right to repossess the Product.
RO/Water Purifier installed at the scheduled premises is the property of the OWO Technologies Pvt. Ltd. and is under the full, legal and perpetual ownership and effective control of the OWO Technologies Pvt. Ltd. . RO/Water Purifier has been installed by way of entrustment for the purpose of enabling customer to have RO/ Water Purifier and Services till the validity of subscription contract. No ownership right whatsoever shall deemed to have been transferred in respect of the said RO/Water Purifier and the said RO/Water Purifier shall always remain the sole and exclusive property of OWO Technologies Pvt. Ltd. . The Customer must keep the Product safely and must not remove any marking that identifies the Product as belonging to the OWO Technologies Pvt. Ltd. . Customer must not allow anyone else to otherwise tamper with or use the Product in any manner not specifically authorize by the OWO Technologies Pvt. Ltd. . The Customer shall indemnify the OWO Technologies Pvt. Ltd. against all loss and damage caused by such action against the Equipment/Product.
17. Customer obligations
By entering into this contract, the Customer is obligated;
- to honor the payment schedule of Subscription Fee as per the plan subscribed offer and without any reference, hindrance, delay, deduction, set off, for any reason in any manner whatsoever and shall not be connected with the state of use of Product, or any claim for service, quality, etc.
- not to sell, offer for sale, mortgage, pledge, sub-lease, create lien, or otherwise deal in any manner, with RO/ Water Purifier detrimental to the interest of OWO Technologies Pvt. Ltd. , and shall always protect the Product, against distress, execution or seizure same being the property of OWO Technologies Pvt. Ltd.
- To take such care of the RO/Water Purifier as a prudent person shall take care of his own property; to indemnify OWO Technologies Pvt. Ltd. to the extent of written down value of the Product in case of loss or damage to the Product during the term of lease
- Owner of the property shall not raise any objection if company(OWO) removes thiertheir assets assist from the rented property after vacating the premises by customer,if the property is the tenant property.
- The customer shall be responsible and pay the cost of product if the owner of rented property not allowed to the authorised representative of the OWO to remove the product from the premises.
- Customer should be fully satisfied by the standards which is maintained by company as per government rules & regulations, customer should not have raise any issues in this regard.
- Test report will be sent to on the registered email id of the customer.
- Customer will not resist option raise any dispute if the flow of the water got fluctuated due to air or any other sources.
- If there is a change in source of water then customer need to inform to the company in advance, so company will again change the standards & parameters according to the new water source.
18. Proof of violation
In the event that OWO Technologies Pvt. Ltd. detect any violation of this Subscription Contract or any intellectual property rights utilizing fingerprinting or any other mechanism or system deployed by OWO Technologies Pvt. Ltd. or by the authorized representatives of OWO Technologies Pvt. Ltd. , then such fingerprinting or other mechanism or system shall be acceptable to Customer and any findings of contractual or intellectual property violations and / or violations of any other law/s through the use of fingerprinting or other method presented before the relevant authority shall be treated as conclusive proof of any such violation.
Upon delivery of the RO/Water Purifier, customer must inspect it and satisfy itself that it is in good operating order and condition. The customer must rely on his/her/its own judgement as to the quality and condition of the Goods and its fitness and suitability for any particular purpose. The customer shall use the RO/ Water Purifier in strict compliance with all instructions manuals and any other reasonable instructions as may be provided time to time by OWO Technologies Pvt. Ltd. . Customer must always maintain and keep the Product in good and useable condition (normal wear and tear excepted) until returned to or collected by the OWO Technologies Pvt. Ltd.
OWO Technologies Pvt. Ltd. , without any prior notification and during reasonable hours permitted under the law any time during the Term of the Contract, may enter the scheduled premises and/or Address, or such other locations where the Product is installed and Services are availed by the Customer, to inspect and verify if the Customer is in compliance with the Contract. If customer fail to provide access to OWO Technologies Pvt. Ltd. and/or its authorized agents, OWO Technologies Pvt. Ltd. have the right, subject to compliance with any applicable law, to enter the premises, or authorise its agents to enter the premises, where OWO Technologies Pvt. Ltd. believe RO/ Water Purifier is located in order to confirm its existence, condition and proper maintenance. OWO Technologies Pvt. Ltd. shall be entitled to take photographs and collect documents, materials, equipment or other information necessary as proof of any violation of the Contract.
21. Service & maintenance
OWO Technologies Pvt. Ltd. shall use reasonable endeavors to provide free of cost all routine maintenance and repair of the Product that may be required from time to time. OWO Technologies Pvt. Ltd. , however, cannot guarantee the same and there might be delay in the same. OWO Technologies Pvt. Ltd. shall not be liable to refund any amount to the Customer nor compensate the Customer for any such disruption of Services. The Quality, functionality, and/or availability of the Services may be affected and the OWO Technologies Pvt. Ltd. , without any liability whatsoever, is entitled to refuse, limit, suspend, modify or disconnect the Services or any Packages or any Offer (in part or whole) at any time, for any cause, subject to Applicable Law, including, but not limited to, the following: d) due to change in business e) any legal, commercial or other reason, which the OWO Technologies Pvt. Ltd. finds as reasonable warranting a limitation/ disconnection of the Services.
At any given point of time, the OWO Technologies Pvt. Ltd. at its sole discretion, may repair and/or change and/or substitute and/or modify and/or the RO/ Water Purifier and/or any of its part. The customer is not permitted, in any manner whatsoever, to open, modify, repair, damage and/or remove RO/ Water Purifier or any of its part and/or change any part of the said RO/ Water Purifier. If any repairs are required due to the Customer’s negligence in operations, or unsafe operations, the cost for repair of the Product would be borne by the Customer. In case of knowing of any such unauthorized opening and/or modification and/or repairing and/or removal of RO/ Water Purifier and/or any of its part and/or any damage to said RO/ Water Purifier and/or to any of its Part, OWO Technologies Pvt. Ltd. shall be entitled to immediately terminate the contract, suspend all services and to get its RO/ Water Purifier back in its custody and/or to seek appropriate damage from the customer.
In case of any fault in RO/ Water Purifier being brought to the notice of OWO Technologies Pvt. Ltd. , by the Customer, which is being confirmed by technical support team of OWO Technologies Pvt. Ltd. and same being not caused by the Customer, the OWO Technologies Pvt. Ltd. , at the request of the said customer, OWO Technologies Pvt. Ltd. at its sole discretion either replace any defective part of RO/ Water Purifier and/or RO itself, free of charge. However, for any other change or replacement the standard charges shall apply.
OWO Technologies Pvt. Ltd. allows its Customer to change the Installation Address for provision of the Services to another residence, office or location of the Customer within the selected geographical area or locations where the Services are provided by the OWO Technologies Pvt. Ltd. . If the Customer is interested to change the Address, the Customer must inform the OWO Technologies Pvt. Ltd. by contacting the Helpline and booking a Relocation by giving the details of the new Address. Customer will be informed about the procedure and the applicable charges, as fixed by the OWO Technologies Pvt. Ltd. , from time to time. OWO Technologies Pvt. Ltd. shall not refund any amount to the Customer if he/she wishes to relocate or shift to locations where the Services are not provided by the OWO Technologies Pvt. Ltd. . Additionally, the OWO Technologies Pvt. Ltd. does not guarantee that the Service can be provided at the new Address or that the Customer will receive the Service at the new Address, even if such Services are provided in that location and/or area. Installation at the new Address will be subject to the terms and conditions applicable in connection with the Installation Services, including submission of valid proof of the new Address and/or such other information and document that may be required by the OWO Technologies Pvt. Ltd. . In case the Customer relocates on his / her own without using the services of the OWO Technologies Pvt. Ltd. , then the OWO Technologies Pvt. Ltd. shall have the right to suspend the maintenance privileges of the Customer. Customer if he/she wishes to relocate or shift the locations, charges against the relocation of the product shall be paid by the customer.
25. Suspension of services
OWO Technologies Pvt. Ltd. allows its Customer to make a request to the OWO Technologies Pvt. Ltd. to suspend all the Service availed by the Customer for a temporary period. Only Customers who have an Active Account Status with the OWO Technologies Pvt. Ltd. can opt for the Temporary Suspension Facility. Customer must visit the OWO Technologies Pvt. Ltd. Website for the latest policy to avail the facility of Temporary Suspension Services provided by the OWO Technologies Pvt. Ltd.
Customer may deactivate or cancel or completely discontinue availing all the Services provided by the OWO Technologies Pvt. Ltd. by providing a 30 (thirty) day prior request in writing on OWO Technologies Pvt. Ltd. registered email address by way of email through Customer’s registered email address. However, the OWO Technologies Pvt. Ltd. reserves the right to refuse such deactivation request if the subscription of any of the Service is within the lock-in period and/or minimum period of commitment, which was accepted and agreed by the OWO Technologies Pvt. Ltd. on the OWO Technologies Pvt. Ltd. Website. In such an instance the OWO Technologies Pvt. Ltd. reserves the right to make the cancellation request made by the Customer, effective from the date on which such lock-in period comes to an end. In case of a complete discontinuation of the Service, the Subscription Contract shall automatically stand terminated from the date of cancellation or discontinuation of that Services and Customer shall immediately return to the OWO Technologies Pvt. Ltd. the RO/ Water Purifier that the Customer may have in its possession. In the event, the Customer does not wish to extend the minimum period of commitment on/before any time beyond the Agreement date, the customer shall terminate the agreement by raising a dismantle and return request of the RO/ Water Purifier with the OWO Technologies Pvt. Ltd. . Upon such deactivation / cancellation of Subscription, OWO Technologies Pvt. Ltd. shall take custody and uninstall the Product and forthwith Customer shall return to OWO Technologies Pvt. Ltd. the Product and every part thereof, which may be in or under the Customer’s control. In case of cancellation, OWO Technologies Pvt. Ltd. will forfeit any available balance in Customer’s Account. In case of a deactivation, OWO Technologies Pvt. Ltd. reserve the right to cancel the Service, In case of a cancellation, the Subscription Contract shall stand automatically terminated from the date of cancellation.
In the event of a) end of subscription plan; or b) failure to make recharge; or c) failure to subscribe new plan; or d) temporary suspension and/or disconnection of services for any reason; or e) prior termination of the Contract in accordance of the present contract Customer undertakes to return the Product immediately. It is the customer who shall be responsible for returning of the Product to the authorized representative of OWO Technologies Pvt. Ltd. against the written acknowledgment by representative of OWO Technologies Pvt. Ltd. . Customer shall not claim any interest, charge or lien on the Product, even if any dispute is pending for resolution between the Customer and the OWO Technologies Pvt. Ltd.
Notwithstanding the foregoing, OWO Technologies Pvt. Ltd. reserves the right to repossess the Product and/or claim damages from Customer if the Product is
- stolen or lost
- damaged or
- used unauthorized
- Not returned by the Customer upon cancellation, deactivation or completion of the Term or at the instruction of the OWO Technologies Pvt. Ltd. .Non-exercise by the OWO Technologies Pvt. Ltd. , of this right of re-possession, does not operate as a waiver on the part of the OWO Technologies Pvt. Ltd. , from exercising this right. In such event the customer hereby gives unconditional and irrevocable license/permissions/authority to the representative of OWO Technologies Pvt. Ltd. to enter into the Scheduled Premises and/or any other premises where the said RO/ Water Purifier is kept for taking immediate custody and repossession of the said RO/ Water Purifier. It is made clear that repossession of said RO/ Water Purifier would be without prejudice to the rights of OWO Technologies Pvt. Ltd. to seek other remedies, reliefs which OWO Technologies Pvt. Ltd. otherwise would be entitled for in law.
29. Liability of customer
The customer shall be liable to pay to OWO Technologies Pvt. Ltd. for any damage (including but not limited to dent, scratches, chipping, cracked, machine, exposure to hardware and software tampering, including bending of frame, modification, unauthorized repairs, tampering of product serial number, malware installation or any other cause, loss or damage, temporary or permanent, not being the manufacturing defect) of the product, upto existing market value of the product, at the time of such damage. In case RO/ Water Purifier is lost/misplaced (including but not limited to robbery or theft or misapproprtion) and/or disposed of by the Customer or by anyone else, the customer shall intimate OWO Technologies Pvt. Ltd. and shall file a FIR with police having jurisdiction. The customer shall be liable for and shall be liable to pay the market value of the RO/ Water Purifier lost, stolen, robbed etc. whatever the case may be. The Customer confirms and agrees that OWO Technologies Pvt. Ltd. shall have sole authority to decide on the extent of damage caused to the Product and OWO Technologies Pvt. Ltd. reserves the right to update the damage schedule from time to time. The value of damage for any loss or damage caused to the RO (save normal wear and tear), which OWO Technologies Pvt. Ltd. shall be entitled to claim damage as per the following schedule:
|A||Front cover damage||INR 1,000|
|B||Main body damage||INR 1,700|
|C||Missing or malfunctioning Pump:||INR 2,500|
|D||Missing or malfunctioning Membrane:||INR 2,500|
|E||Missing or malfunctioning Filter||INR 500 per piece|
|f||Missing or malfunctioning SMPS (Power supply):||INR 700|
OWO Technologies Pvt. Ltd. reserves the right, without notice or any liability whatsoever to the Customer, to interrupt, deactivate, suspend, cancel, modify, or terminate any Services supplied to the Customer or deactivate the Customer Account if such action is deemed necessary by the OWO Technologies Pvt. Ltd.
- under any law or is requested by any competent authority;
- non-payment by the Customer or failure by the Customer to pay the advance subscription fees or to maintain the Minimum Account Balance or to make any payment which is due;
- for unauthorized use of the Services by the Customer;
- for any breach or default on the part of customer of any of the terms and/or condition of the present contract;
- for any technical, maintenance, security or failure or degradation of any facilities, equipment or systems used to provide the Service;
- for OWO Technologies Pvt. Ltd. is lost/misplaced/damaged/disposed of by the lessee/customer intentionally or unintentionally;
- Due to any act beyond the control of the OWO Technologies Pvt. Ltd.
- or in the event of emergency, such as, war or similar situation. Notwithstanding any other terms of this Agreement, OWO Technologies Pvt. Ltd. shall have the right to terminate the Agreement in case of any default on the part of the Customer.
31. EFFECT OF TERMINATION
On termination, the OWO Technologies Pvt. Ltd. shall have the right to take possession of RO/ Water Purifier delivered to the Customer immediately; and the Customer shall be liable for: a) any payment or arrear of rent pending from the Customer shall become payable immediately to the OWO Technologies Pvt. Ltd. ; b) any penalty or damages payable to the OWO Technologies Pvt. Ltd. in case of any damage/loss/misplacement/disposition of the Lessee/customer. In the event of termination, the Customer shall pay for the RO/ Water Purifier usage charges so long as the RO/ Water Purifier remains in the custody of the Customer. The Customer shall allow OWO Technologies Pvt. Ltd. to uninstall the Product and forthwith return to OWO Technologies Pvt. Ltd. , the Product and every part thereof, which may be in or under the Customer’s control, without demur or protest and without making any claims or demands whatsoever. Notwithstanding the termination of the present contract, the liabilities incurred by parties prior to the termination shall remain valid, binding and enforceable.
In the event of an interruption, suspension or deactivation of the Service, the OWO Technologies Pvt. Ltd. may, at its sole discretion, reactivate the Service, subject to any conditions that the OWO Technologies Pvt. Ltd. may impose from time to time subject to applicable law. Upon reactivation, the OWO Technologies Pvt. Ltd. may in addition to charging reactivation fees, deduct the expenses, charges and/or penalties that the OWO Technologies Pvt. Ltd. may deem fit, subject to Applicable Law. These additional charges shall be debited from the Customer Account or separately recovered from the Customer at the option of the OWO Technologies Pvt. Ltd. . Deactivation, suspension or termination shall be without prejudice to any other rights or remedies a Party may be entitled to in law or under the Contract and shall not affect any accrued rights or liabilities of either Party nor the coming into force or the continuance in force of any provision of the Contract, which is expressly or by implication intended to come into or continue in force on or after such termination.
The OWO Technologies Pvt. Ltd. makes no express or implied warranties, guarantees, representations or undertakings whatsoever regarding the Services/ equipment etc., unless expressly mentioned in the Contract. The OWO Technologies Pvt. Ltd. specifically disclaims any statements indicating that the RO/ Water Purifier shall be without any fault or damage, including faults or damages resulting from exposure to adverse environmental conditions, including excessive moisture and excessive temperatures or damage to the RO/ Water Purifier on account of Force Majeure.
34. LIABILITIES OF OWO
The liability of the OWO Technologies Pvt. Ltd. will be limited to only proven direct damages or losses incurred by the Customer. The Customer shall indemnify, defend and hold OWO Technologies Pvt. Ltd. harmless from and against any claim, demand, cause of action or loss or liability (including, but not limited to, attorneys’ fees and costs) for any RO/ Water Purifier damage or personal injury arising from the Customer’s use of the RO/ Water Purifier by any cause, except to the extent such is caused by the OWO Technologies Pvt. Ltd. negligence or willful misconduct. The OWO Technologies Pvt. Ltd. ’s liability shall not exceed the Subscription Fee paid by the Customer for the Service in the 3 (three) months immediately preceding the specific event that gave rise to such damage or loss. The provisions of this clause shall survive the termination of this Agreement with respect to any claim or liability accruing before such termination. In no event shall OWO Technologies Pvt. Ltd. be liable for any direct, indirect, special or consequential loss or damage arising out of Customer’s use of the Products.
The customer shall communicate with OWO Technologies Pvt. Ltd. through registered mobile No. and/or through registered email ID. OWO Technologies Pvt. Ltd. shall also communicate a) all payment reminders and/or confirmations b) all plan related communications etc. on the registered mobile and/or mail id of the customer. The customer shall take all reasonable precautions to ensure the safety and privacy of Customer Account. Customer login IDs, Password, Security Password shall not be shared by the Customer with any third party. The customer shall immediately notify to OWO Technologies Pvt. Ltd. about the breach and/or violation of any security or of any unauthorized use of customer ID and/or account and/or information. OWO Technologies Pvt. Ltd. shall not be responsible for loss, damage, fraud being committed by misuse, unauthorized use of customer account, login IDs, passwords registered mobile nos. and registered mail ids etc. and only customer shall be will be liable for all losses incurred by the OWO Technologies Pvt. Ltd. or others due to such unauthorized use.
36. PERMISSIONS TO CONTACT
- share information with regard to the subscription account such as alerts and account information.
- fulfil the Customer’s or Authorized Representative’s requests regarding the Services;
- respond to inquiries;
- conduct market research;
- enforce the legal terms or for other legal purposes;
- prevent fraud or potentially illegal activities;
- perform analyses;
- provide technical support;
- improve its products and/or Services;
- share marketing materials
- contact Customer or Authorized Representative for surveys or feedback;
- execute other activities such as marketing campaigns.
- to recommend products and services
- to provide ads, offers and other sponsored content
- to perform its obligations and duties as required by customary business practices.
37. REVISIONS AND MODIFICATION
These terms and conditions, are subject to modification and revision at the sole discretion of the OWO Technologies Pvt. Ltd. and shall be deemed to be effective as soon as the revised, modified terms and conditions are notified on the website of OWO Technologies Pvt. Ltd. . The customer should be checking for any latest version of the terms and conditions. The use of the services under the subscription plan is deemed to be acceptance of such revised terms and conditions.
All notifications, complaints and notices must be in writing and addressed to Grievance Officer and/or to Nodal Officer, at its registered office or otherwise as provided on the website of the OWO Technologies Pvt. Ltd. . The Customer agrees that notifications provided by the OWO Technologies Pvt. Ltd. in such form as prescribed by the OWO Technologies Pvt. Ltd. from time to time, including notifications displayed on the OWO Technologies Pvt. Ltd. Website or the Customer care service or the notification provided by Alert, SMS, Email or any other method specified by the OWO Technologies Pvt. Ltd. , will be sufficient and adequate notice to the Customer.
The Customer under any circumstances shall not assign or transfer or create any third party interest in this Agreement or RO/ Water Purifier without the consent of the OWO Technologies Pvt. Ltd. . Any such transferring of assignment shall be considered as illegal and hence a violation of the terms of this Agreement. The OWO Technologies Pvt. Ltd. reserves its right to assign this Agreement, to any third party without prior notice to the Customer.
40. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between OWO Technologies Pvt. Ltd. and the Customer. The acceptance of this Agreement also signifies the acceptance of the Customer, to the terms and conditions on the OWO Technologies Pvt. Ltd. website. In the event of any conflict between the terms and conditions on the OWO Technologies Pvt. Ltd. website and this Agreement, the terms and conditions on the OWO Technologies Pvt. Ltd. website shall supersede. The OWO Technologies Pvt. Ltd. reserves the right to amend the terms and condition of this Agreement and on the website from time to time, the customer is requested to check the website for update of terms and conditions.
If any law would otherwise make a provision of this Agreement illegal, void or unenforceable in any jurisdiction; or If a provision of the Agreement would otherwise contravene any law or regulation or rule applicable to the transection envisaged herein or impose an obligation or liability which is prohibited by the act or any other law, this Agreement is to be read as if that provision was varied to the extent necessary to comply with that law or, if necessary, omitted, without affecting the continued operation of the rest of this Agreement in that jurisdiction or any other jurisdiction.
Neither Party shall lose any right under this Subscription Contract if it fails to use that right, or delays in using it. For a waiver of a right to be valid, it must be written and will not give rise to an ongoing waiver of that right unless it is expressly stated to do so.
43. GOVERNING LAW, DISPUTE RESOLUTION & ARBITRATION
This Agreement is governed by Indian law. Any disputes, differences or questions, which may arise at any time hereafter between the OWO Technologies Pvt. Ltd. and the Customer touching the true construction of this Agreement or performance of the obligations or enforcing any rights and/or liabilities of the Parties hereunder, shall be first amicably resolved between the Parties within 30 (thirty) days from the date on which such dispute was raised by a Party and communicated to the other Party in writing failing which the dispute shall be referred to a sole arbitrator who shall be appointed by OWO Technologies Pvt. Ltd. . Both Customer and OWO Technologies Pvt. Ltd. , agrees and undertakes that it would be in interests of both parties. The arbitration shall be subject to the provisions of the Arbitration and Conciliation Act, 1996, as amended or any statutory modifications or re-enactment thereof for the time being in force. The venue of such arbitration shall be at Gurgaon and the Courts at Gurgaon alone shall have exclusive jurisdiction to deal with the arbitration proceedings and the awards in accordance with law. The arbitration proceedings shall be conducted in English language. The award passed by the arbitrator shall be final and binding upon the Parties.