GOWATR Terms of Service / Terms of Use

The Gowatr Platform is operated by GoWatr Pvt Ltd.

The Gowatr Platform provides every user with a platform where they can avail of specific water delivery services which are offered by us. The Gowatr Platform may be presently accessed on our website, www.Gowatr.com, the Gowatr Mobile Application or by calling us on 9444222000, our toll free number, where our team will make a booking for you on the Gowatr Platform.

Use of the Gowatr Platform is governed by the following terms and conditions (“Terms of Service”). Please review the Terms of Service carefully. The use of any other product or service offered by GoWatr Pvt Ltd (including access to its websites) shall be governed by separate terms and conditions and are not covered by these Terms of Service.

By using the Gowatr Platform, you are agreeing to comply with and be bound by the Terms of Service. If you do not agree to the Terms of Service, you should not use the Gowatr Platform.

The terms “we” and “us” refers to Gowatrs Logistics Ltd and its affiliates and any successor entity, and the term “you” refers to you, the user of the Gowatr Platform.

What do we provide on the Gowatr Platform

We operate a water transport aggregation agency including through the Gowatr Platform and any other related websites, toolbars, widgets, applications, mobile apps, or other distribution channels (including application programming interfaces) we may, from time to time, operate. Users of the Gowatr Platform and our services would be permitted to book water tanker their selected locations. From time to time we may also provide value added services and other services through the Gowatr Platform. You may use the Gowatr Platform for your personal and business use or for business purpose of the business entity or organisation that you represent.

You understand that by using the Gowatr Platform you are entering into a contract of carriage for water with us and these terms of service shall apply to our arrangement wherein we provide you logistics and carriage services as a water transport agency. We reserve the right to provide our services and other services to you, at our sole discretion, and upon the terms of service set out here, or other terms we may specifically communicate from time to time. We are not responsible for any loss caused to you arising out of the carriage services being provided by your use of the Gowatr Platform. We shall issue a goods receipt / consignment note, based on these terms of service.

Acceptance of the Terms

By using the Gowatr Platform, you are agreeing to comply with and be bound by the Terms of Service.

Your use of the Gowatr Platform is subject to the Terms of Service, which may be updated from time to time without notice to you.

Your acceptance of the Terms of Service is valid, binding and constitutes the entire agreement between us (irrespective of whether you are a user of or visitor to the Gowatr Platform). The Terms of Service supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Gowatr Platform, and the services that are provided to you through the Gowatr Platform.

Eligibility

By using the Gowatr Platform, you represent and warrant that

You are not eligible to use the Gowatr Platform if you are our competitor, or if you operate a similar business or platform. The Gowatr Platform is available only to genuine users who are accessing it for their personal or business purposes.

Registration and Your Account

You can create an account with us by registering on the Gowatr Platform. The registration of your account on the Gowatr Platform is subject to you satisfying the Terms of Service at all times.

If we have reasonable grounds to suspect violation of these Terms of Service or that registration information you have provided is untrue, inaccurate, outdated, or incomplete, we may terminate your account and refuse current or future use of any or all parts of the Gowatr Platform.

Security and Access of Your Account

You are solely responsible for maintaining the confidentiality of your username and password and for all activities carried out under your account. We are not responsible for any loss or damage to you or any third party that may be incurred as a result of any unauthorised access and/or use of your account, or otherwise.

You agree not to use the account, username or password of another user (unless validly authorised) at any time or to disclose your password to any third party or do anything else that might jeopardize the security of your account. You agree to notify us immediately of any unauthorised use of your account.

You agree not to access or use the Gowatr Platform in any manner that could damage, disable, overburden, or impair any computer system, network, website, the Gowatr Platform or any other product, service or website operated by us or any other person. You also agree not to interfere with or attempt to gain unauthorised access to any parts of the Gowatr Platform or any accounts, computer systems or networks, etc.

You agree not to use any robot, spider, scraper or other automated means to access the Gowatr Platform or any other product, service or website operated by us or any other person. We may, at our sole discretion, permit the use of distribution channels such as application programming interfaces for the Gowatr Platform.

Your Content, User Data and Privacy

We are concerned about your privacy and have developed a policy to address privacy concerns. Any personal information collected on the Gowatr Platform may be accessed and stored globally and will be treated in accordance with our Privacy Policy which can be accessed here http://www.gowatr/privacy-policy

Any content you create or store on the Gowatr Platform (collectively, “Content”) remains yours. You are solely responsible for your Content and the consequences of its transmission. You are further responsible for ensuring that you do not accidentally make any private Content publicly available. Any Content that you may receive through the use of the Gowatr Platform from your is provided to you ‘AS IS’ for your information and personal use only and you agree not to use or otherwise exploit such Content for any purpose without the express written consent of the person who owns the rights to such Content. You represent and warrant that the Content does not violate any applicable law, rule or regulation or third party rights. You agree to indemnify us against any claims against us arising out of your Content.

You agree not to use, display or share your Content or any data we provide you in a manner inconsistent with the Terms of Service or any applicable law, rule or regulation. We are not under any obligation to keep back-up copies of the Content once your account is deleted. We make no guarantee that Content will be safely stored on the Gowatr Platform. To be safe, you should independently back-up your Content, to the extent permitted herein and by applicable laws, rules and regulations.

Pricing

Information on the indicative pricing and charges for all services offer on the Gowatr Platform is available on the Gowatr Website, Mobile App or will be informed by our Call Center representative at the time of booking. The actual pricing and charges will be known to you once we have the information regarding your requirement and the destination and any other relevant information. We reserve the right to change the pricing without notice to you since it is dynamic and pricing is based on several factors depending on the nature of your booking and location. We also reserve the right to customise the pricing for different users based on specific requirements applicable to each booking.

Payments, Invoicing and Taxes

You shall pay the charges and any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing the services. You may choose to make payment for the services availed by any of the following methods:

      a. Cash payment: Where you opt to pay by cash, you shall make the cash payment upon delivery of your consignment to the person / driver of the vehicle carrying your consignment, as nominated by Gowatr. You are required to make payment of the price communicated to you, and we through the person / driver collecting your consignment may be entitled to withhold the consignment or take any further action against you if you fail to make payment as per the agreed terms.

      b. Online payment: Online payment for the services shall be made to us at the time book our services, and can be made either via credit card / debit card / cash cards, net banking, NEFT, RTGS, IMPS, etc., as may be processed by independent payment service providers, through other banking channels . In the event the payment cannot be accepted through the online payment methods, you will have to make a cash payment of the charges to us by directly making payment to the person / driver collecting your consignment.

We may offer discounts and consequent deductions in the charges to be paid by you at our sole discretion. Any requests for refunds will be reviewed in light of the refund policy applicable.

We will generate an invoice which will be sent across to you by e-mail upon the completion of the services. The invoice shall be indicative of all applicable charges including but not limited to the surcharge, toll charges, right time charge, wait time charge, service tax or any other fees / taxes / charges we may incur in the provision of the services.

You are responsible for paying all fees and applicable taxes associated with the services in a timely manner with a valid payment method. Your use of the Gowatr Platform and/or the services we provide you may be subject to taxes, duties and fees payable in India and/or your location. You shall be solely responsible for payment of all such taxes, duties and fees and the charges provided by us are exclusive of any taxes, duties and fees. In certain cases, we may have the obligation to pay taxes, duties and fees arising out of our arrangement and such taxes, duties and fees shall be charged to you in addition to any payments you make for the services. If the payment method specified by you fails or your account is past due, then:

      a. you agree to pay all amounts due on your account upon demand and reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorised or accepted,

      b. we may collect fees owed using other collection mechanisms, if it remains unpaid; and

      c. we reserve the right to either suspend or terminate your account or any pending services, including deletion of your account.

You agree to submit any disputes regarding any charge to your account in writing to us within thirty (7) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.

GST

Liability

We shall not incur any liability to you for providing you with the services and access to the Gowatr Platform. Notwithstanding this, in the event we are ever held liable for any loss suffered by you, our liability shall not exceed the fees received by us for the particular services you have selected on the Gowatr Platform. No liability shall be incurred by us in the event of a force majeure event resulting in the disruption of the services.

You will be required to indemnify us from and against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and costs) claims, demands, actions and proceedings which we may incur or sustain directly or indirectly from or by any reason of or in relation to the use or proposed use of the Gowatr Platform or a breach of any representations and warranties made by you, and shall pay such sums on demand by us.

Refunds

We generally do not refund any amounts received from you for any services delivered through the Gowatr Platform. However, in cases or erroneous transactions and other similar exceptional cases, you can write to us at contact@gowatr.com with all the relevant details, and we shall consider any refund on a case-to-case basis, at our sole discretion.

Inactive Accounts Policy

We reserve the right to disable or deactivate unpaid user accounts that are inactive for more than [45] days, at our sole discretion. In the event of such termination, all data associated with such account may be deleted. We will provide you prior notice of such termination by email.

Monitoring

We reserve the right (but have no obligation) to monitor all activities on your account to ensure compliance with the Terms of Service and applicable law.

Service Communication

We may contact you with service-related communication, from time to time, including any notices required by law, in lieu of communication by postal mail or important notices pertaining to our arrangement. We shall use the contact information provided at the time of registration and you should ensure that they are up-to-date. We may also use contact information to send you other messages, such as updates, user communications, newsletters, changes to features of the Gowatr Platform, or our offers.

Third Party Links and Interaction

Additionally, we may provide hyperlinks though the Gowatr Platform, or any other form of link or redirection of your connection to other sites (“Third Party Sites”). Links to these Third Party Sites are provided solely for your convenience and in no way does the inclusion of any link on the Site or Services imply our affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein. We expressly disclaim responsibility for the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to by or through the Gowatr Platform.

You release us, our officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with other users and / or third parties.

Intellectual Property

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights (including applicable copyrights, trademarks and other proprietary rights) of any kind on the Gowatr Platform, and our websites, emails, platforms, mobile sites, applications, other products and/or services. We are not granting any license to you under any of those intellectual property rights by virtue of these Terms of Service. You further acknowledge and agree that we retain ownership and control over the “look and feel” and substance of our tools, widgets, buttons, applications and the like. We reserve all rights that are not explicitly granted to you in under these Terms of Service.

Our trademarks, logos, service marks, images, trade names, designs, page headers, button icons, scripts and other distinctive branding features constitute our intellectual property and may not be copied, imitated, or used, in whole or in part. You agree not to infringe any intellectual property rights when you use the Gowatr Platform and that you will indemnify us for any claims which may arise on us in this regard.

We have invested substantial time and effort into developing the Gowatr Platform and it contains our own or licensed intellectual property. You further agree not to breach our intellectual property rights or attempt to reverse-engineer or discover the source code (by any means) of the Gowatr Platform. You agree that any infringement of these restrictions will cause us irreparable loss.

Disclaimer of Warranties

We do not warrant that:

        a. the Gowatr Platform will meet your specific requirements;

        b. the cost of procurement of substitute products and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Gowatr Platform;

        c. unauthorized access to or alteration of your transmissions or data;

        d. statements or conduct of any third party on the Gowatr Platform;

        e. or any other matter relating to the Gowatr Platform.

Your sole and exclusive remedy for any dispute regarding the Gowatr Platform, with us or any of the persons detailed above shall be termination of your relationship with us. In no event shall our entire liability to you in respect of any Service, whether direct or indirect, exceed the fees paid by you towards the services in question.

We shall not be liable for any claims which may arise out of our arrangement and your only recourse for any loss you may suffer will be under the applicable insurance policy you may take for the consignment of the goods. You shall indemnify us against any claims which may arise out of your interactions with your customers or actions of your customers pursuant to your use of the Gowatr Platform. The Gowatr Platform does not conduct any independent verification and does not undertake any liability arising due to your use of the Gowatr Platform.

Notwithstanding anything contained in the terms of service or the goods receipt / consignment note / goods forwarding note, you acknowledge and agree that we shall not incur any liability for any damages of any kind arising from the use of the service provided by us. Further, we shall not be responsible for any loss you may suffer for any reason whatsoever, including due to non-compliance with applicable law or these terms of service, or arising out of any event beyond our control, including but not limited to, acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost or other natural calamities or disasters, war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commotions, national or local disruptions in transportation networks and mechanical problems to modes of transport or machinery, latent defects or inherent vice in the contents of the consignment, criminal acts of third parties such as theft and arson, etc.

Indemnification

You agree to indemnify, defend, and hold harmless GoWatr Pvt Ltd, its affiliates and subsidiaries, and their respective officers, directors, agents, co-branders or other partners, and employees and its agents from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys’ fees) arising out of or relating to:

        a. claims arising out of your use of the Gowatr Platform, or any damage or loss caused due to your consignment;

        b. your use or misuse of the Gowatr Platform;

        c. your connection to and use of the Gowatr Platform;

        d. your breach or alleged breach of these Terms of Service; or

        e. your violation of any applicable law and/or rights of a third party.

Changes to the Gowatr Platform

We reserve the right at any time (and from time to time) to modify, suspend, or discontinue providing the Gowatr Platform or any part thereof with or without notice. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Gowatr Platform.

Amendment of these Terms of Services

Gowatr may change, modify, amend, or update this agreement from time to time without any prior notification to user(s) and the amended and restated terms and conditions of use shall be effective immediately on posting. If you do not adhere to the changes, you must stop using the service. Your continuous use of the Services will signify your acceptance of the changed terms. User(s) shall also be bound by any amendment made in any policy or agreement from time to time, referred to in this Terms of Service.

Term and Termination

You may terminate your account and end your use of the Gowatr Platform at any time. We have the right (at our sole discretion and without any liability to you) for any reason to:

        1. delete, disable or deactivate your account, block your email or IP address, or otherwise

        2. terminate your access to or use of the Gowatr Platform;remove and discard any Content within any account or anywhere on the Gowatr Platform; or

        3. shut down an account, with or without notice.

If you terminate your account, we will have no obligation to refund you any fees you may have paid. Upon deactivating your account, these Terms of Service terminate and your access rights to the Gowatr Platform immediately cease to exist. Our rights survive the termination of these Terms of Service.

Governing Law and Dispute Resolution

These Terms of Service shall be governed by the laws of the Republic of India without giving effect to any principles that may provide the application of the law of another jurisdiction.

Any controversy or claim arising out of or relating to these Terms of Service shall be settled by binding arbitration in accordance with the requirements of the Arbitration and Conciliation Act, 1996 of India. The venue of the arbitration shall be Chennai, India and the sole arbitrator shall be appointed by us. The decision of the sole arbitrator shall be final and unappealable. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our rights in any court of competent jurisdiction. Subject to the foregoing, the Courts in Chennai shall have exclusive jurisdiction over all matters touching upon this Terms of Service.

General

A failure on our part to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, it shall not invalidate the rest of the Terms of Service which shall remain in full force and effect, and we shall try to give effect to the intention as reflected in the provision. We may assign the agreement between us pursuant to the Terms of Service in whole or in part in its sole discretion without your consent and without notice. Nothing in this Agreement shall prevent us from complying with the law and applicable regulations.