Terms and conditions of Livpure Smart Homes Product Lease Offer
Acceptance of the Livpure Smart Homes Product Lease Offer is subject to the following terms and conditions:
1) This Product lease shall be effective from the time of registration and, unless terminated in accordance with the terms hereof, shall remain in force for a period of 2 years thereafter. The lease may be renewed for such further period as may be agreed to between the parties.
2) The Subscription Fee shall be in accordance with the subscription plans as displayed on the company website and may be changed from time to time, without any prior notice.
3) The lease may be terminated:
- By the Customer, any time during the lease period by serving a notice in writing, from the registered email id.
- By Livpure Smart Homes, if Customer defaults in payment of Subscription Fee or fails to observe the terms and conditions herein.
- By Livpure Smart Homes, if the Customer has not used the Product for a period of 60 days.
4) In the event of termination:
- The Customer shall pay for the Product usage charges so long as the Product remains in the custody of the Customer.
- The Customer shall allow Livpure Smart Homes to uninstall the Product and forthwith return to Livpure Smart Homes, 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.
- Livpure Smart Homes shall be entitled to claim the damages for any loss or damage caused to the
Product (save normal wear and tear), as per the following schedule. Livpure Smart Homes reserves the
right to update the following schedule from time to time:
- Front cover damage: Rs.1,000
- Main body damage: Rs.1,700
- Missing or malfunctioning Pump: Rs.2,500
- Missing or malfunctioning Membrane: Rs.2,500
- Missing or malfunctioning Filter: Rs.500 per piece
- Missing or malfunctioning SMPS (Power supply): Rs.700
5) Livpure Smart Homes 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.
6) The Customer shall have exclusive right to use the Product without any interference from Livpure Smart Homes, subject to payment of Subscription Fee for the Product installed in the Premises.
7) The Subscription Fee shall be paid in advance and work on a prepaid model. The mode of payment shall be only digital and as available on the website. The Customer shall ensure sufficient balance in his account to ensure continuing functioning of the Product. If the Customer fails to recharge his account on time or his account balance turns negative for any other reason, Livpure Smart Homes shall have the right to stop the Product to function as desired and shall also have the right to repossess the Product.
8) Livpure Smart Homes shall carry out free of cost all routine maintenance and repair of the Product that may be required from time to time. In case of any major repair to the Product, the Customer shall notify Livpure Smart Homes and, if required, Livpure Smart Homes will repair/replace the worn-out parts of the Product. 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.
9) The Customer acknowledges that the Customer has been offered a reasonable opportunity of examining the Product and has exercised his/her discretion in acceptance the Product.
10) The Customer agrees, confirms and undertakes that:
- The Customer has full right and entitlement to enter into this lease.
- The payment of Subscription Fee shall be honoured as per the lease 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.
- The Customer confirms that the Product is the property of Livpure Smart Homes and the Customer shall not sell, offer for sale, mortgage, pledge, sub-lease, create lien or any third party interest, or otherwise deal in any manner, detrimental to the interest of Livpure Smart Homes, and shall always protect the Product, against distress, execution or seizure.
- The Customer shall take such care of the Product as a prudent person shall take care of his own property.
- In case of loss or damage to the Product during the term of lease, the Customer shall indemnify Livpure Smart Homes to the extent of written down value of the Product. The Customer confirms and agrees that Livpure Smart Homes shall have sole authority to decide on the extent of damage caused to the Product.
- Livpure Smart Homes representative shall have authority to visit the Premises of the Customer to check the performance of Product with prior permission of the Customer, which the Customer shall not unreasonably withheld.
- The Customer shall provide such documents as may be required by Livpure Smart Homes.
- The Customer shall observe the terms and conditions specified herein.
11) The Customer shall indemnify and hold Livpure Smart Homes harmless from any and all claims, liabilities, judgment, losses, damages, cost and expenses, asserted against Livpure Smart Homes by any person or entity not a party to this lease which results from any cause attributable to the negligence or deliberate act of the Customer.
- Any notice or communication by Customer concerning this lease shall be in writing and be deemed sufficiently given when sent by certified or registered email id, if sent to the respective registered email id of Livpure Smart Homes.
- Livpure Smart Homes reserves the right to communicate by registered email, SMS, phone call to and from registered phone number, App notifications and company website publishing.
13) This lease, its validity, performance and all other questions arising hereunder, shall be governed by and construed in accordance with the laws in India. The Courts of Delhi, India shall have exclusive jurisdiction
Terms and Conditions
Certain words in this Subscription Contract have a specific meaning and are explained below:
1.1 Account Balance: the current available amount in Your Subscriber Account.
1.2 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.
1.3 Carry Forward: the balance units left in the Subscriber 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.
1.4 Grace Period: the period starting from the notified due date i.e. the date on which your Subscriber Account is due for recharge until the date Your Service is deactivated for failure to maintain the Minimum Account Balance.
1.5 Helpline: Our call centre
1.6 Installation: set-up of the Unit at the Address
1.7 Minimum Account Balance: the Subscription Fee required to cover at least 1 day of subscription of Your chosen Service (in case of monthly subscriptions) or total value of Your chosen Service (in case of Long Duration Subscriptions or showcase events)
1.8 Package: any package for providing specific units of Water which may be offered by Us, and selected by You from time to time as part of the Service
1.9 Premises: Address provided by Subscriber for the Installation of the Unit
1.10 Registration: by paying registration fee for subscription on our website or any other mode authorised by the Livpure Smart Homes.
1.11 Subscriber: shall mean a person (You) who agrees to these Terms and Conditions for availing Our Services but excludes Commercial Establishments and referred to as You, “Your” in this Contract)
1.12 Subscriber Account: Your personal subscription account with Livpure Smart Homes for carrying out all transactions with Livpure Smart Homes.
1.13 Subscriber ID: the unique subscriber identification code issued to You for purposes of accessing Your Subscriber Account and availing of the Service at the specified Address.
1.14 Subscription Contract: this contract together with its Terms and Conditions stated on www.livpuresmart.com, and the Installation Work Order and Relocation Work Order as modified and amended by Us from time to time
1.15 Subscription Fee: the amount payable by You to receive the Service.
1.15 Subscription Fee: the amount payable by You to receive the Service.
1.16 Unit/Product: Livpure RO Water Purifier. Model No. Livpure Envy +
2. Activation of Subscription
2.1 Orders placed on Sunday and after working hours 9:00 AM to 7:00 PM will be considered under next working day order.
2.2 Online payment made in favour of Livpure Smart Homes Private Limited (hereinafter referred to as “We”, “Us” or “Our”) at authorized and recognized online portal such as Razorpay
2.3 Subscriber warrants and represent that Subscriber or Subscriber’s authorised representative has achieved the age of majority, is otherwise competent to contract and has the authority to execute the Subscription Contract and be bound by it. Any breach of this section shall be grounds for cancellation of the Service and/or termination by us of the Subscription Contract.
2.4 We or our affiliates shall install the Product at the location of the Subscriber’s premises (“Premises”) upon receipt of confirmation of the order for installation from the Subscriber
2.5 Upon installation of the said Product, the 7 (seven) day Free Trial shall commence and the Subscriber has the right to return the said Product within the Free Trial Period by notifying Us through its registered email ID at Our registered email address whereupon We shall take custody of said Product without any hindrance or obstruction from the Subscriber and credit payment to Subscriber’s Account
2.6 The Subscriber shall have exclusive right to use the Product without any interference from Us, subject to payment of Subscription Fee for the Product installed in the Premises
The subscription to the services will commence 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
4.1 The services provided by Us are in accordance with the Law
4.2 We agree to supply specific units of water (in Litres) corresponding to the package purchased by the Subscriber upon registration. 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.
4.3 Any and all Intellectual Property or Confidential Information required to provide said Services to the Subscriber, ultimately belong to Us.
4.4 We shall be entitled to inspect the Address premises, without prior notice and during reasonable hours permitted under the law to verify Subscriber compliance with the Subscription Contract and the intellectual property rights of any party and, in connection with such inspection, to take photographs and gather documents, materials, equipment or other information necessary as proof of any violation of this Subscription Contract or intellectual property rights of any party
In the event that We detect any violation of this Subscription Contract or any intellectual property rights utilizing fingerprinting or any other mechanism or system deployed by Us or by Our authorized representatives, then such fingerprinting or other mechanism or system shall be acceptable to Subscriber 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.
5.1 We provide the Subscriber to subscribe to any one of our service packages, for details of the service packages kindly refer to our website www.livpuresmart.com:
5.2 Subscriber may migrate from a particular package to any other existing package offered by us with a request in writing by way of registered e-mail and thereupon registration to a new package, as per our relevant terms and condition prescribed by us from time totime.
5.3 In order to change the Package, Subscriber must have a Minimum Account Balance and be authorised to receive the Service
5.4 The requested Package will be effective within 3 working days from the date of request.
5.5 Subscriber 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.
6.1 We or our affiliates shall install the Product at the location of the Subscriber's premises (“Premises”) upon receipt of confirmation of the order for installation from the Subscriber.
6.2 The Subscriber acknowledges that the Subscriber has been offered a reasonable opportunity of examining the Product and has exercised his/her discretion in acceptance the Product.
6.3 The Subscriber is entitled to verify identity of the agent/ engineer sent by Us for installation of Unit at Premises.
6.4 The Subscriber 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
6.5 The Subscriber acknowledges that any dispute between Subscriber and 3rd party upon whose premises such services are availed, will not involve Us and the duty to ensure necessary permissions and dispute resolution belongs solely to Subscriber and the 3rd party.
6.6 In the event Subscriber wish to change the Installation Address, or reschedule the installation time, Subscriber will inform Us by contacting the Helpline at least forty-eight (48) hours prior to the scheduled Installation.
6.7 We reserve the right to charge Subscriber and debit Subscriber’s Account, if the Engineer has visited and the Installation has not taken place because: (i) any necessary permission(s) /authorisation(s) have not been obtained or are withdrawn; or (ii) Subscriber or Subscriber’s Authorised Representative are not present at the appointed time; or (iii) Subscriber has failed to furnish a valid age and address photo identification as required; or (iv) of a lack of authorised third-party services and materials required for Installation; or (v) of any other force majeure event.
6.8 If Subscriber want to relocate the Unit to a new Address, Subscriber must notify Us immediately and book a Relocation Work Order request giving Us details of the new address. Subscriber will be then advised by Us on the procedure and the charges applicable for the relocation. We cannot guarantee that the Installation can be performed or that Subscriber will be able to receive the Service at the new Address. Installation at the new Address will be carried out only in Subscriber or Subscriber’s Authorised Representative's presence.
6.9 We reserve the right to uninstall the Unit in case the Unit is moved from the Address and installed at an alternative address without Our express authorisation.
7. Pricing and Payment
7.1 The Services shall be availed vide online payment made in Our favour at our authorized and recognized online portal www.livpuresmart.com through recognised gateway such as Razorpay
7.2 Subscriber will be required to pay for the Activation and Subscription services on a prepaid basis, unless otherwise informed by Us.
7.3 The Subscription Fee shall be non-refundable and in accordance with the subscription package as displayed on Our website, and may be changed, from time to time, sans prior notice.
7.4 The Subscription Fee shall be paid in advance and shall work on a pre-paid model. The mode of payment shall be only digital and as available on the website. The Subscriber shall ensure sufficient balance in his account to ensure continuing functioning of the Product
7.5 If the Subscriber has not utilised entire units of water per package, such balance units shall be carry forwarded (“Carry Forward”) unto 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.
7.6 If the Subscriber fails to recharge his account on time or his account balance turns negative for any other reason, We shall have right to stop the services of the Unit/Product and shall also exercise the right to repossess/uninstall the Product from Subscriber premises where the Unit has been Installed.
7.7 We reserve the right to vary the prices for the Service from time to time. Please refer to the Helpdesk or our website www.livpuresmart.com for current pricing information and for other information regarding the Service.
7.8 The Service will be made available to Subscriber during the Grace Period. Prior to the expiry of any applicable Grace Period, Subscriber will be required to maintain a Minimum Account Balance in Subscriber Account
7.9 Unless otherwise specified by Us, Subscriber are responsible and liable for payment of all taxes, duties, levies and charges imposed by or under any Law in connection with the Service
7.10 Without prejudice to Our right to deactivate and cancel the Service, We reserve the right to charge interest at 18% per annum or the maximum rate permitted by Law on any past / current due amounts.
7.11 Subscriber shall be entitled to only those discounts, credits or refunds as expressly authorised by Us.
8. Account and Subscription
The Subscriber hereby acknowledges that:
8.1 All information and records provided to Us by the Subscriber are true and correct
8.2 Our Helpline shall maintain a record of Subscriber’s registered e-mail IDs/ contact information as verification
8.3 Our representative shall, as part of the subscription, have authority to visit the Premises of the Subscriber to check the performance of Product with prior permission of the Subscriber, which the Subscriber shall not unreasonably withheld.
8.4 The Subscriber shall provide such documents as may be required by Us to verify subscription or account of Subscriber.
8.5 The Subscriber shall observe the terms and conditions specified herein.
We shall carry out free of cost all routine maintenance and repair of the Product that may be required from time to time. In case of any major repair to the Product, the Subscriber shall notify Us and, if required, We will repair/replace the worn-out parts of the Product. If any repairs are required due to the Subscriber's negligence in operations, or unsafe operations, the cost for repair of the Product would be borne by the Subscriber.
10. Representation and Warranties
The Subscriber hereby represents, warrants and acknowledges that:
10.1 The Subscriber has full right and entitlement to enter into this subscription.
10.2 The payment of Subscription Fee shall be honoured 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
10.3 The Subscriber confirms that the Product is Our property and the Subscriber shall not sell, offer for sale, mortgage, pledge, lease, create lien or any third party interest, or otherwise deal in any manner, detrimental to Our interest, and shall always protect the Product, against distress, execution or seizure.
10.4 The Subscriber shall take such care of the Product as a prudent person shall take care of his/ her own property.
10.5 In case of loss or damage to the Product during the term, the Subscriber shall indemnify Us to the extent of cost of the Product. The Subscriber confirms and agrees that We shall have sole authority to decide on the extent of damage caused to the Product
10.6 The Subscriber shall provide such documents as may be reasonably required by Us.
10.7 The Subscriber shall observe the terms and conditions specified herein.
The Subscriber shall indemnify and hold Us harmless from any and all claims, liabilities, judgment, losses, damages, cost and expenses, asserted against Us by any person or entity not a party to this Subscription Contract which results from any cause attributable to the negligence or deliberate act of the Subscriber
The lease may be terminated:
12.1 By the Subscriber, any time during the Subscription period by serving a notice in writing on Our registered email address, from the registered email address, whereupon We shall take custody of the Product with immediate effect
12.2 By Us, if Subscriber defaults in payment of Subscription Fee or fails to observe the terms and conditions herein
12.3 By Us, if the Subscriber has not used the Product for a period of 60 days.
12.4 In the event of Termination:
12.4.1 The Subscriber shall pay for the Product usage charges so long as the Product remains in the custody of the Subscriber
12.4.2 The Subscriber shall allow Us to uninstall the Product and forthwith return to Us, the Product and every part thereof, which may be in or under the Subscriber's control, without demur or protest and without making any claims or demands whatsoever.
12.4.3 We shall be entitled to claim the damages for any loss or damage caused to the Product (save normal wear and tear) in either case where:
184.108.40.206 Loss or Damage caused to Product is made within the 7 (Seven) Day Free Trial Period; or
220.127.116.11 Loss or Damage is caused as per the following schedule. We reserve the right to update the following schedule from time to time;
|Front cover damage||INR 1,000|
|Main body damage:||INR 1,700|
|Missing or malfunctioning Pump:||INR 2,500|
|Missing or malfunctioning Membrane:||INR 2,500|
|Missing or malfunctioning Filter:||INR 500 per piece|
|Missing or malfunctioning SMPS (Power supply):||INR 700|
13.Deactivation of Subscription AND Cancellation
13.1 The Subscriber reserves the right to deactivate or cancel the said subscription by providing a 30 (thirty) day prior request in writing on Our registered email address by way of email through subscriber’s registered email address. Upon such deactivation / cancellation of Subscription, We shall take custody and uninstall the Product and forthwith Subscriber shall return to Us the Product and every part thereof, which may be in or under the Subscriber's control.
13.2 Subscriber Service will be deactivated by Us if
(a) Subscriber fail to maintain a Minimum Account Balance at the end of the Grace Period; or
b) Subscriber request for deactivation of the Service in accordance with law
13.3 We may cancel Subscriber Service at any time if, in Our sole discretion, We determine that Subscriber
(a) are in breach of any provision of the Subscription Contract;
(b) have acted in a manner that is inappropriate
(c) use in any manner whatsoever any of Our trademarks.:
13.4 In case of cancellation, Subscriber will for feit any available balance in Subscriber’s Account.
13.5 In case of a deactivation, We reserve the right to Cancel the Service, In case of a cancellation, the Subscription Contract shall stand automatically terminated from the date of cancellation.
14. Governing Law and Jurisdiction
14.1 This Subscription Contract will be governed and construed under the laws of India.
14.2 The Service being of an all India nature, the courts at New Delhi will have exclusive jurisdiction over all disputes, differences, claims, actions and proceedings pertaining to this Subscription
15. Notices and Communications
15.1 Any notice or communication by Customer concerning this Subscription Contract shall be in writing and be deemed sufficiently given when sent by certified or registered email address, if sent to Our registered email address
15.2 We reserve the right to communicate by registered email address, SMS, phone call to and from registered phone number, App notifications or website publishing.
The failure of either party to assert any of its rights hereunder including, but not limited to, the right to terminate this Subscription Contract for default, shall not be deemed to constitute a waiver by that party thereafter to enforce each and every provision of this Subscription Contract in accordance with its terms
17. Force Majeure
If We are unable to fulfil any of its obligations as solicited because of any natural calamity, act of God, labour strike, act of public enemy, war, riot, embargo, rebellion , invasion, insurrection, disruption of utilities, act or omission of government or similar cause beyond the reasonable control of such party, the party so affected shall immediately notify the other party, by giving a Notice in writing, and shall do every thing possible to resume performance within 30 days of such notice. Upon the other party's receipt of such notice, the obligations of the party affected by such Force Majeure Event shall be suspended until performance can be resumed.
18.1 This Subscription Contract contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements or understandings, written or oral, with respect to the subject matter herein except with respect to subscription contract(s) separately entered into by Subscriber with Us in respect of the Service pertaining to Set Top Boxes purchased by Subscriber whether prior or subsequent to entering into this Subscription Contract.
18.2 Any provision of this Subscription Contract which is illegal, void or unenforceable will be ineffective to the extent only of any such provision being held to be illegal, void or unenforceable without invalidating the remaining provisions.