Terms of Service

This Agreement was last revised on 27th February 2020

Contents

TERMS AND CONDITIONS

  1. INTRODUCTION
  2. DEFINITIONS

III.      INTERPRETATION

  1. INTRODUCTION AND SCOPE
  2. SERVICES
  3. MODIFICATIONS TO THE SERVICE

VII.     REGISTRATION INFORMATION

VIII.   ORDERING

  1. CUSTOMER’S SUBSCRIPTION PLAN
  2. OWNERSHIP
  3. LIMITED GUARANTEE

XII.     GEOGRAPHIC RESTRICTION

XIII.   CUSTOMER RESPONSIBILITIES

XIV.   PRODUCT WARRANTY

  1. EXCLUSION OF LIABILITY

XVI.   THIRD PARTY LINKS

XVII.  PERSONAL INFORMATION AND PRIVACY POLICY

XVIII.ERRORS, INACCURACIES AND OMISSIONS

XIX.   DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

  1. COPYRIGHT AND TRADEMARK

XXI.   INDEMNIFICATION

XXII.  MISCELLANEOUS

 

I. INTRODUCTION

www.m-water.com.au (“we,” “us,” or “our”) welcomes you.  

We offer you access for our product and services through our “Website” (defined below) subject to the following Terms of Service, which may be updated by us from time to time without notice to you.  By accessing and using this Website, you acknowledge that you have read, understood and agree to be lawfully bound by these terms and conditions and our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). In case you do not agree with any of these terms, then please do use the Website. 

II. DEFINITIONS

  • Agreement” is denotes to this Terms and Conditions and the Privacy Policy and other documents provided to you by the Website; 
  • Product” refers to the water bottle, dispenser, cups, racking and other consumables or water product sold to the Customer by the M-water.
  • Equipment” means returnable water bottle/s both Polycarbonate (PC) and PET, water dispensers, bottle rack/s and other materials purchased by the Customer from M Water under brands including M Water and M Nutra.
  • Bottle Deposit” refers to the refundable amount deposited by the customer to M-Water for availing the services and use of the bottles of the M-Water.
  • Service” or “Services” denotes to any service shown below, which we may offer from our Website.
  • User”, “You” and “your” are denotes to the person who is visiting or accessing for taking any service from us. User shall include the company, partnership, sole trader, person, body corporate or association taking services of this Website;
  • Customer” refers to the user who access the website and make payment for purchasing products and availing services;
  • We”, “us”, “our” and “Company” are references toM-Waterlocated at Australia;
  • Website” shall mean and include "https://m-water.com.au, mobile-application(“App”) and any successor Website of the Company or any of its affiliates;
  • Unauthorised liquid” any liquid which is not approved by M-water in writing;
  • Damaged Liquid”refers to the bottle which is damaged and not proper for use and filled with unauthorized liquid.
  • "CustomerAccount” shall mean an electronic account opened for the customer for purchasing products and availing various services offered in the website;
  • Subscription Fee” means the subscription fee paid by Customer for participation in the Subscription Plan, paid directly by Customers to the Website.
  • “Subscription Plan”shall means the plan available on the Website through which users can avail products and Services available on the Website.

III. INTERPRETATION

  • All references to singular include plural and vice versa and the word "includes" should be construed as "without limitation".
  • Words importing any gender shall include all the other genders.
  • Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force.
  • All headings, bold typing and italics (if any) have been inserted for convenience of reference only and do not define limit or effect the meaning or interpretation of the terms of this Agreement.

IV. INTRODUCTION AND SCOPE

  • By using the Website in any manner, you are bound by these Terms and Conditions, as well as the terms of the Agreement identified above. In case you do not accept the terms, then please do not use the Website. If you are accepting these Terms on behalf of a Company, organization, government, or other legal entity, you hereby represent and warrant that (a) you are legally authorized to do so, (b) the entity agrees to be legally bound by the Terms, and (c) neither you nor the entity is barred from using the Services or accepting the Terms under the laws of the applicable jurisdiction.
  • Scope. These Terms govern your use of the Website and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Products or Services, which are governed by their own terms of service.

 

  • Eligibility: Certain Service of the Website is not available to minors under the age of 18 or to any users suspended or removed from the system by us for any reason.

 

  • Electronic Communication:When you use this Website or send e-mails and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you agree to receive a reply communications from us electronically in the same format and you can keep copies of these communications for your records.

V. SERVICES

www.m-water.com.au is an online website to provide you pure, refreshing and almost certainly healthier water that what you’re currently drinking!

Water provided by M-Water tastes incredible and offer a superior alternative to the overpriced acid water sold by many large companies.

 

We are offering the best prices for various product with simple and easy shopping experience. And we are providing a variety of products under various categories.

 

The Products and Services are offered to the Users through various modes which may include issue of coupons and vouchers that can be redeemed for various Services

 

VI. MODIFICATIONS TO THE SERVICE

We reserve the right, in its discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”), at any time. We may notify you of Changes by sending an email to the address identified in your Account or by posting a revised version of the Terms incorporating the Changes to its Website. Your unrelenting use of the Website or Services ensuing notice of the Modifications (or posting of the Terms incorporating the Modifications in the event your email address is no longer lawful, is obstructed, or is otherwise not able to obtain the notice) will mean that you agree to the Changes. Such Modifications will apply prospectively beginning on the date, the Changes are posted to the Website.

VII. REGISTRATION INFORMATION

If you access this Website anonymously, you will not be mandatory to make a user name. But, in order to access certain Resources, you may be required to provide specific information and to make a user ID and password to create an account.

You accept that the information you provide in relation with starting any account is correct and that you will retain your information up-to-date. You are accountable for the security of all of your user names, passwords and registration details, and you are only accountable for any use (authorized or not) of your accounts. You agree to inform us immediately about any unauthorized activity regarding any of your accounts or other breaches of security. We may at our choice suspend or terminate any of your user names and passwords at any time with or without notice.

VIII. ORDERING

  • All the purchase from this website shall be governed by our terms and conditions.
  • If you make an Order for buying any product or equipment from our website. At the time ordering, while providing your details it is your duty to be careful and warrant that the information provided are true and accurate.
  • Payment mode shall be:
    • Online: Credit Cards and Debit cards;
    • Onsite with driver at time of delivery for additional bottles or products
    • Preferred method of payment is Credit cards via Shopify platform and Stripe.  Accepted cards are: Visa / Delta / Electron / MasterCard / Eurocard / Maestro/ American Express Debit cards are accepted if they have a Visa or MasterCard logo.
  • When purchasing our product from this Website you may be required to provide a username and password. You must ensure that you keep these details secure and do not provide this information to a third party.
  • We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing from the Website.
  • Any order to purchase product/equipment that you place with us is subject to acceptance by us. When you make your order online we will provide you an email to confirm that we have received it.
  • We may refuse or be unable to process your order if:
    • You card or Paypal does not give authorization for the payment of purchase price.
    • You do not meet the eligibility to order criteria set out above.

·        If the Customer request for the return of the product or equipment (including unused water bottles), then still the Customer shall be liable to pay for all outstanding costs, invoices and other reasonable dues (the “charges”) which may apply to customer payable to the M-Water.          

·        The prices of the product and equipment mentioned in the website are correct and accurate.

·        You must notify us instantly if any particulars are inappropriate. If your payment has not been accepted you will be informed of this in writing along with the reasons

  • We are happy to support you if there is any issue you can contact our back-office team for any inquiry or problem.
  • All refund shall be made as per our Cancellation and Refund Policy.
  • We take customer feedback very seriously and use it to constantly improve our products and quality of service.

IX. CUSTOMER’S SUBSCRIPTION PLAN

  • Any order for subscribing our monthly Subscription plan by the customer for taking the services from this Website is between Customer and M-Water. Customer agree to take particular care when providing us with its details and warrant that these details are accurate and complete at the time of ordering.
  • SUBSCRIPTION CHARGES: It is agreed by the user that:
    • Customer shall pay required subscription fee to us as per the Subscription plan available on the Website.
  • Subscription Payment:Payment mode shall be:
    • Online: Credit Cards and Debit cards;
    • PayPal

Preferred method of payment Credit and Debit cards are accepted via Shopify and Stripe merchant services. Accepted cards are: Visa / Delta / Electron / MasterCard / Eurocard / Maestro/ American Express Debit cards are accepted if they have a Visa or MasterCard logo.

  • When registering with this Website you may be required to provide a username and password. You must ensure that you keep these details secure and do not provide this information to a third party.
  • We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
  • Any order for subscribing to any Subscription plan that you place with us is subject to acceptance by us. When you place your order online we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your order and subscription details.
  • We may refuse or be unable to process your order/subscription if:
    • You card account does not give authorization for the payment of purchase price.
    • You do not meet the eligibility to order criteria set out above.

·        If a Customer taken subscription of our equipment then the customer shall not remove the equipment from the installed premises without taking approval from the M-Water and can remove the equipment after taking approval from the M-Water. M-Water shall provide the required approval in the reasonable and timely manner.

·        If the Customer request for the return of the product or equipment (including unused water bottles), then still the Customer shall be liable to pay for all outstanding costs, invoices and other reasonable dues (the “charges”) which may apply to customer payable to the M-Water.

·        The subscription customers are responsible for the bottles when in their care after delivery. Bottles must not be refilled with any liquid (including tap water) or substance.  

·        Empty bottles cannot be reused or refilled with any other liquids, including tap water, without permission from M Water in direct writing.

·        If a bottle is found to be reused or filled with any liquid, the bottle charge of $2.50 for PET and $5.00 for PC will be applied to every used bottle and these bottles will be deemed damaged.

·        Damaged bottle units decision are at the sole discretion of M Water and authorised driver on pickup of empty bottles.

·        M Water dispenser are back by a 1 year (365 day) complete guarantee from date of delivery.

·        The prices of the product and equipment mentioned in the website are correct and accurate.

·        You must notify us instantly if any particulars are inappropriate. If your payment has not been accepted you will be informed of this in writing along with the reasons

  • The user can cancel the subscription of any service anytime through their account.
  • No refund shall be applicable for any paid subscription fee.

X. OWNERSHIP

The Customer agreed that:

  • The ownership of the water bottle and equipment shall be remain with the M-water if the equipment are provided to the customer on rental.
  • The ownership of the water bottle and equipment will be transferred to the Customer if the customer make an outright purchase of the equipment.

If the customer breach the terms provided herein. The M-Water shall have the right to terminate the account of the customer.

XI. LIMITED GUARANTEE

By this Website:

  • We provide an opportunity for you to avail the offered Products and Services from our Website.
  • We do not provide any warranty or guarantee that the products and Service descriptions are accurate, complete, reliable, current, or error-free. If a Services offered by the Website/s is not as described, your sole remedy is to intimate us about Services for taking further action.

XII. GEOGRAPHIC RESTRICTION

We reserve the right, but not the obligation, to limit the usage or supply of any service to any person, geographic region or jurisdiction. We may use this right as per the necessity. We reserve the right to suspend any Service at any time. Any offer to provide any Service made on this Website is invalid where banned.

XIII. CUSTOMER RESPONSIBILITIES

  • You shall use the products, service and website for a lawful purpose and comply with all the applicable laws while using the Website;
  • You shall not upload, any content that:
    • Defamatory, infringes any trademark, copyright or any proprietary rights of any person or affect any one’s privacy, contain violence or hate speech, include any sensitive information about any person.
  • You shall not use or access the Website for collecting any market research for some competing business;
  • You shall not misrepresent or impersonate any person or entity for any false or illegal purpose;
  • You shall not use any virus, hacking tool for interfering in the operation of the Website or data and files of the Website;
  • You will not use any device, scraper or any automated thing to access the Website for any mean without taking permission.
  • You will inform us about anything is inappropriate or  you can inform us if you find something illegal;
  • You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Website;   
  • You will not take any act that levies or may levy (in our sole decision) an unreasonable or unreasonably big load on our technical arrangement; and
  • You will let us know about unsuitable content of which you become aware.  If you discover something that infringes any law, please let us know, and we’ll review it.
  • The equipment shall be used for the only purpose of using and dispensing product supplied by M-water.
  • In case, if the rental Equipment damaged or lost during the possession of the customer then customer shall be liable to pay reasonable cost of the repair and replacement of the equipment.

We reserve the right, in our sole and absolute discretion, to deny you access to the Website or any service, or any portion of the Website or service, without notice, and to remove any content.

XIV. PRODUCT WARRANTY

By this Website:

  • During the terms of this agreement, the M-Water provides full warranty for the Equipment and provide it without taking any charges which includes all repair and replacement for the good working condition of the Equipment.
  • M Water will provide a 12 month replacement warranty on any bottom loaded dispenser and a 6 month replacement warranty on any USB type dispenser.
  1. If any condition or warranty is implied into this document under any applicable legislation, and cannot be excluded, the liability of M Water for breach of the condition or warranty is limited to one of the following, at the option of M Water:
    • in the case of goods:
      • the replacement of the goods or the supply of equivalent goods;
      • the repair of the goods;
      • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
      • the payment of the cost of having the goods repaired; or
  1. in the case of services:
    • the supplying of the services again; or
    • the payment of the cost of having the services supplied again.
  • The Customer must agree to use the Equipment at their own risk.

XV. EXCLUSION OF LIABILITY

In no event shall M-Water, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use our product, equipment and Service; (ii) any conduct or content of any third party on the Service; (iii) any content attained from the Service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage, and even if a cure set forth herein is originate to have futile of its important purpose.

XVI. THIRD PARTY LINKS

The Website may comprise links to external or third-party Websites (“External Sites”).  These links are provided exclusively as ease to you and not as an authorization by us of the content on such External Sites.  The content of such External Sites is created and used by others.  You can communicate the site administrator for those External Sites.  We are not accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites.  You should take safety measure when you are downloading files from all these Websites to safeguards your computer from viruses and other critical programs.  If you agree to access linked External Sites, you do so at your own risk.

XVII.  PERSONAL INFORMATION AND PRIVACY POLICY

By accessing or using this Website, you approve us to use, store or otherwise process your personal information as per our Privacy Policy.

XVIII. ERRORS, INACCURACIES AND OMISSIONS

Every effort have been taken to ensure that the information offered on this Website is accurate and error-free. We apologise for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the Website will be error-free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available are free of viruses or bugs or signifies the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

XIX. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, ITS SERVERS OR ITS CONTENT OR SERVICE ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

 

WE DISCLAIM ALL LICENSES OR WARRANTIES, INCLUDING, BUT NOT LIMITED TO, LICENSES OR WARRANTIES OF TITLE, MERCHANTABILITY, NON-VIOLATION OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A MATTER OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IN RELATION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY UNINTENDED, INCIDENTAL, OR SUBSTANTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS STOPPAGE  RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE OR THE CONTENT, EVEN IF WE HAVE BEEN RECOMMENDED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITE OR THE CONTENT SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE WEBSITE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.

THE WEBSITE MAY COMPRISE TECHNICAL INCORRECTNESS OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT ACCOUNTABLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS RECORDED ON THE WEBSITE.  THE WEBSITE MAY CONTAIN INFORMATION ON CERTAIN SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION.  A REFERENCE TO A SERVICE ON THE WEBSITES DOES NOT SUGGEST THAT SUCH SERVICE IS OR WILL BE ACCESSIBLE IN YOUR LOCATION.  WE RESERVE THE RIGHT TO DO CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.

XX. COPYRIGHT AND TRADEMARK

The Website contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other the material provided by or on behalf of us (collectively referred to as the “Content”).  The Content may be possessed by us or third parties.   Unauthorized use of the Content may infringe copyright, trademark, and other laws.  You have no rights in or to the Content, and you will not take the Content except as allowed under this Agreement.  No other use is allowed without prior written consent from us.  You must recollect all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.  You may not transfer, provide license or sub-license, sell, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.  The use or posting of the Content on any other Website or in a networked computer environment for any purpose is expressly prohibited.

If you infringe any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content.

Our trademarks, service marks, and logos used and displayed on the Website are registered and unregistered trademarks or service marks of us.  Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”).  Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use.    None of the Content may be re-transmitted without our express, written consent for each and every instance.

M Water is a registered trademark

Hydration Redefined is a registered trademark

XXI. INDEMNIFICATION

You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your misuse of the Content or the Website.  We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.  We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section.  In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

XXII.MISCELLANEOUS

SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

TERMINATION

Term. The period of term of this Agreement will between the Customer and the M-water as mentioned in the Agreement Form or the first invoice or can be terminated by giving 14 days written either by the customer or M-Water.

The Services will be provided to you can be cancelled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination. Termination of these Terms will terminate all of your Services subscriptions.

Effect of Termination. Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro-rata or otherwise; (c) any fees you owe to us will immediately become due and payable in full, and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter contained in this Agreement.

 

GOVERNING LAW AND JUDICIAL RECOURSE

The terms herein will be governed by and construed in accordance with the law of State of Victoria, Australia without giving effect to any principles or conflicts of law. The courts of Victoria shall have exclusive jurisdiction over any dispute arising from use of the Website.

 FORCE MAJEURE

We will have no liability to you, your users, or any third party for any failure us to perform its obligations under these Terms in the event that such non-performance arises as a result of the occurrence of an event beyond the reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.

HOSTING SERVICES 

We have entered into arrangements with one or more third parties for hosting services that are essential to the Services incorporated within the Services and without which the Services could not be provided to you.

ASSIGNMENT

The Company shall have the right to assign/transfer these presents to any third party including its holding company, subsidiaries, affiliates, associates and group companies, without any consent of the User.

CONTACT INFORMATION

If you have any questions about these Terms, please contact us at sales@m-water.com.au.