Terms of service

This document is an electronic record of the terms and conditions of:

  1. Use of the website by all users of www.jivawater.in or www.jivawater.com owned and operated by 4th Phase Water Technologies; and
  2. Use of the Website by the Users for purchase of the Company’s products.

This document has been prepared in terms of Information Technology Act, 2000 read with Rules framed thereunder. This document is published by the Company in accordance with the provisions of Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“2011 Rules”), thereby making this document a deemed agreement between each User or Buyer and the Company.

4th Phase Water Technologies Private Limited is a company incorporated under the provisions of the Companies Act, 2013 bearing CIN Number U29210KA2020PTC138051and having its registered office situated at 12 2, 2nd Main 7th Block Jayanagar, Below State Bank of India, Bangalore 560 070, Karnataka, India. The Website has been created and established to enable all Users to evaluate and order Jiva brand of water treatment devices developed and marketed by the Company. 

The User agrees that he/she is a major, i.e., above the age of 18 years, while accessing and shopping on the Website and is bound by the Terms of Service by browsing/viewing Products and purchasing on the Website. The Company reserves the right to modify, amend and revise the terms and conditions as incorporated in this document from time to time and all such modifications will be binding on the Users or Buyers.

  • Purpose of the Website:

The Website enables all Users to purchase the Products of the Company online by placing an order for the same. The Company, subject to availability and compliance by the Users regarding payment and other terms, will ship the Products to the Users as required. The Website is designed to create awareness and educate the Users/ audience on structured water.

  • General Conditions:

By using the Website and purchasing the Products, the User agrees, undertakes and confirms that their use shall be strictly governed by the following binding principles:

  1. Use of the Website shall solely be for lawful purposes and the User will be solely responsible for the activities undertaken under their User Account, if any.
  2. The User will not post, submit, upload, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Website or any connected network, or otherwise interfere with other users’ use of the Website.
  3. The User shall not attempt to gain unauthorized access to any portion of the Website, or any other systems or networks connected to the Website or to any server, computer, network, by hacking, “password mining” etc.
  4. The User shall not use the contents of the Website to violate any applicable laws and/or harass, defame, insult or harm any race, gender, ethnicity, caste, disability etc.
  5. The User or the Buyer, as applicable, shall not duplicate, resell, publish, broadcast, transmit, distribute, perform, display, sell, rebrand or otherwise transfer or commercially exploit the Product (excluding any user content).
  6. The User or the Buyer, as applicable, shall not utilize information, content or any data from the Website or the Product to provide any service that is competitive with the Company.
  7. The User or the Buyer, as applicable, shall not imply or state, directly or indirectly, that he/she/ is affiliated with or endorsed by the Company unless he/she/it has entered into a written agreement with the Company.
  8. The Buyer agrees that he/she/it shall not hold the Company liable for any fraud occurring on third party payment pages of the Website.
  9. The Buyer agrees that he/she/it will become ineligible to claim any Product warranty and shipping benefits (provided by the delivery service providers) if the Company’s servers track the usage of VPN connections for accessing and placing orders on the Website.
  10. The Buyer agrees to upload accurate personal information such as their first name, last name, email Id, date of birth, billing address, shipping address and other details and update them from time-to-time in the event of any change. If User’s delivery address changes post placing the order and prior to shipment, the User must contact the Company with the email address provided below.
  11. The Buyer shall not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the structure of the Product, or any part thereof.
  • Intellectual Property:
  1. The Website, including its design, images, content, information relating to the Products, trademarks, logos and the like (collectively referred to as “Contents”) displayed on the Website, is the intellectual proprietary rights (“IPR”) of the Company and the Company owns absolutely all IPR over all Contents of the Website.
  2. No User shall in any manner reproduce, replicate, copy or otherwise use all or any portion of the Contents of the Website for any purpose whatsoever whether with the intent to commercially exploit the same or not.
  3. Any misuse of the Website and its Contents, including infringement of the IPR of the Company is actionable and the Company will exercise its rights for such misuse in a manner available to it both under law and in equity.
  • Product Pricing and Availability:
  1. The current prices of the Products are the prices as displayed on the Website, which are inclusive of the applicable Goods and Services Tax (GST).
  2. The prices are subject to change without prior notice to the Users and the applicable prices of the Products are those that are visible to the Users on the Website as at the time of placing the order.
  3. The Company may at its sole discretion discontinue or modify any Product without prior notice to User.
  4. The User shall not hold the Company liable for any Product modification, discontinuation, or price changes.
  5. Any changes in applicable GST rates prior to shipping the Product must be borne by the Buyer. The Buyer will be notified of such tax increase via email/SMS within 3 business days from the date of such change in applicable taxes. On receipt of such notice, Buyer must pay the differential amount towards increased GST after which the order will be fulfilled by the Company.
  • Data Privacy:

While placing order for a Product, the Buyer will be required to disclose their User Data for shipping of the purchased Product. The Company will protect all User Data provided by the User or Buyer with the current industry standards and will not disclose or share the User Data with any third party, except for the limited purposes of servicing the order placed by the Buyer for the Products online. User is recommended to read the Privacy Policy of the Website to understand how their data is being collected, used, and stored.

The Buyer agrees that the Company is not responsible for any User Data collected by third party websites and payment gateways that are used to facilitate order purchase. It is recommended for the Buyer to read the terms of use and privacy policies of such service provider/ third-party website to understand how their data will be collected, used, and stored.

  • Company Communications:

The User understands and agrees that he/she/it may receive information and push notifications from Company via text messaging or emails. The User, upon accessing the Website, consents to receive such communications.

The User understands and agrees that any cost or charge incurred by he/she/it for calling, texting or emailing the Company for seeking details about the Products, providing feedback, lodging complaint or raising concern shall be borne solely by the User. The Company is not liable to reimburse any such charges incurred by the User.

  • Rights of the Company:

Website:

  1. The Company may edit, modify, copy or delete any User’s review on the Website without any limitation or the User’s prior permission.
  2. The Company may remove any review from the Website which is unlawful, defamatory, threating, objectionable, offensive in nature or violate the Company’s or any third party’s IPR. The Company may also take penal actions such as barring the User’s access to the Website and initiating legal action against the User.

Product: 

  1. In the event of unavailability of Product stock, occurrence of any natural calamity or other unforeseen circumstance or suspicion of fraudulent transaction, the Company reserves the right to limit or restrict the quantities ordered by a User or restrict sale to a geographic location or to suspend its operations. In such a scenario, the User who has purchased the Product will be notified via. email, SMS, or other available communication channels. 
  2. The Company may cancel orders placed by a wholesaler, retailer, and dealer without providing any reason therefor.:

Website:

  1. The use of the Website is at the sole discretion of the User. The Company undertakes no liability, legal remedy, equitable remedy or otherwise with respect to the Website and its contents.
  2. The Company will not, directly or indirectly, be responsible or liable for any loss, damage or other consequences that may arise to the User from the use of the Website in any manner.
  3. All testimonials uploaded are with the consent of the Users and are based on their personal experiences with the Product. The Company does not guarantee same or similar results from the use of the Product.
  4. The Company assumes no responsibility or liability for any review posted by a User on the Website.
  5. Any typographic errors, omissions or inaccuracies on the Website will solely be corrected by the Company.

Product:

  1. The Product design, colour, specifications and images are displayed as accurately as possible on the Website. However, the Company does not guarantee the actual Product to be exactly the same as that displayed on the User’s computer screen or mobile phone. There may be slight variations in their design or colour.
  2. The size of the Product is based on the measurements provided in the Product description. The images on the Website are solely for reference purposes.
  3. The Company does not offer any warranty on the aspect of meeting a Buyer’s expectations. The Product delivered will meet the standards as specified on the Website.
  4. The Products are provided to the User or the Buyer on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
  • Limitation of Liability:

Under no circumstances, whether in tort, contract, strict liability or otherwise, shall the Company or any of its affiliates, their directors, employees, officers, agents be liable to the User or to any other person for any indirect, special, punitive, incidental or consequential losses or damages of any nature, arising out of or in connection with: (i) the use or inability to use the Website; (ii) use or reliance on the Website, for information relating to the Products made available through this Website; (iii) providing User Data; (iv) failure of transactions due to Website down-time or (vii) all other connected issues arising out of the use of the Website.

Liability of the Company in relation to its Products is limited as in the ‘Shipping and Delivery Policy’ and the ‘Refund and Replacement Policy’ published on the Website.

  • Indemnification:

The User agrees to the fullest extent permitted by law to indemnify and hold the Company, its affiliates, their directors, officers, employees, affiliates, group companies, agents, contractors, and licensors (“Indemnitees”) harmless with respect to any claims arising out of the use of the Website for purposes other than the intended purpose of the Website and non-compliance with applicable laws or regulations by the User in the jurisdiction in which User is accessing the Website. The User will defend, indemnify, and hold harmless the Indemnitees from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to any of the above.

  • Suspension and Termination:

The Company reserves the right to suspend any User’s access to the Website or temporarily disable any User’s access to the whole or part of the Website in the event of any suspected illegal activities or due to requests by law enforcement or other governmental agencies. In addition, the Company reserves the right to deny its services to any User without assigning any reasons therefor. If any User Account has been created, the Company reserves the right to terminate that account without assigning any reason therefor. Termination of the User Account will include deletion of User Data from the Company’s database.

  • Governing Law:

The Terms of Service are controlled by the Company as in this document and can be accessed by countries around the world. On accessing the Website, the User agrees that the laws of India are applicable to all matters relating to the use of the Website without regard to conflict of laws rules.

The Courts of Bengaluru, India will have exclusive jurisdiction over any matters relating to the use of the Website.

  • Severability:

Any part of this ‘document that is prohibited or declared void or unenforceable in any jurisdiction will be ineffective only to that extent. The remaining parts of this document will remain valid and unaffected in that jurisdiction. In all other jurisdictions, the entire document will be applicable as above.

  • Force Majeure:

The Company shall be not held liable to any user for any delay in accessing the Website or in the matter of supply and delivery of the Products from any cause beyond the control of the Company, such as acts of God, acts of civil or military authority, current laws and regulations and changes thereto, embargoes, pandemics, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, political unrest, other major environmental disturbances, or acts or omissions of transportation or telecommunications common carriers, or acts, omissions, overloading or slowdowns over the internet or any third party internet service providers impacting the Website and the services of the Company to the User.

Contact Us:

The User may contact the Company for any questions or comments regarding the Website or the Products at: support@jivawater.com.


Grievance Officer:
In accordance with the Information Technology Act, 2000 and the rules made thereunder, the name and contact details of the Grievance Officer are:

Name: Mr. Shaji Zacharias

Contact details: support@jivawater.com (please address the email to the ‘Grievance Officer’ in subject line of email)

The Grievance Officer will acknowledge receipt of the email within 48 hours and work to redress a complaint within a period of one month from the date of receipt of the complaint.

  • Waiver & Modification:

Unless expressly declared, the Company’s failure to exercise any rights does not amount to waiver of such rights.

The Company reserves the right to modify this Terms of Service from time-to-time and the most recent version of the same can be found on the Website. The Company has no obligation to retain or share the previous versions of Terms of Service.