TERMS AND CONDITIONS

1. DEFINITIONS:

Certain words in this Subscription Agreement have a specific meaning and are explained below:

a. Account Balance: the current available amount in Customer Account.

b. Activation: means activation of the Service under the terms of this Agreement, after Installation of the Unit including provision for service for upgrade at the Address.

c. Carry-forward: The balance units remaining in the Customer Account will carry forward onto the next month only upon subsequent subscription renewal of limited plans. However, such a carry-forward of balance units of water can only occur after the initial subscription fee is paid. The maximum upper limit for carry forward the balance units left in the Customer Account shall be 5,000 litres in all limited plans in a year. Livpure Smart Homes reserve the right to change the maximum upper limit without any prior intimation.

d. 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.

e. Helpline: Livpure Smart Homes Call Centre.

f. Installation: set-up of the Unit at the Address.

g. Minimum Account Balance: the Subscription Fee required to cover at least 1 day of subscription of the customer's chosen Service (in case of monthly subscriptions) or total value of the Customer’s chosen Service (in case of Long Duration Subscriptions or showcase events)

h. Package: any package for providing specific units of Water which may be offered by Livpure Smart Homes, and selected by the Customer from time to time as part of the Service.

i. Premises: Address provided by Customer for the Installation of the Unit.

j. Registration: by paying registration fee for subscription on Livpure Smart Homes website or any other mode authorized by Livpure Smart Homes.

k. Customer: shall mean a person (an individual or a small size family) or a Smaller Shop, Clinic, office, or any other entity with a maximum capacity of 10 people, hereinafter referred to as “You or Customer”, who agree to these Terms and Conditions for availing the services of Livpure Smart Homes.

l. Customer Account: the personal subscription account of Customer with Livpure Smart Homes for carrying out all transactions with Livpure Smart Homes.

m. Customer ID: the unique Customer identification code issued to the Customer for purposes of accessing Customer’s Account and availing of the Service at the specified Address.

n. Subscription Agreement: this Agreement 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 Livpure Smart Homes from time to time.

o. Subscription Fee: the amount payable by Customer to receive the Service.

p. RO/Unit/Product: Livpure RO Water Purifier.

2. AGREEMENT:

These terms and conditions mentioned below shall form the Subscription Agreement between the parties, i.e. Livpure Smart Homes Private Limited (“Livpure Smart Homes”)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 Livpure Smart Homes under the Customer’s account.

3. DECLARATION:

By agreeing to these terms and conditions, the Customer declares that:

a. He/she is an individual residing in India, above 18 years of age, fully competent under law to enter into the Agreement or;

b. In case of an entity, the Customer is having its place of business in India, and is duly represented by an individual having appropriate authority to accept the Agreement;

c. That all information provided to Livpure Smart Homes and KYC submitted are accurate, true and correct.;

d. Customer has subscribed to the chosen plan after fully understanding all commitments, obligations and its suitability;

e. Before agreeing to the said terms and conditions, the Customer has fully understood and accepted the present terms and conditions;

f. The Customer has been notified that no salesperson or agent of Livpure Smart Homes is authorized to change any term of this Agreement or to make any warranties or representations about it, orally or otherwise.

g. He/she acknowledge that the Agreement is not an offer by Livpure Smart Homes to sell the RO to Customer and Livpure Smart Homes is not obligated to accept any offer made.

4. TERM:

The Agreement 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 Livpure Smart Homes under the subscribed plan, unless terminated prior in accordance of the terms specified herein.

5. KYC:

KYC Documents which must include Valid Photo Identity Card & Valid Address Proof and such other documents as may be called and/or required by Livpure Smart Homes and/or mandated by law. The Customer shall be eligible to take the equipment/product under the plans/offer/scheme offered by Livpure Smart Homes only once the KYC of the Customer has been approved by the office of Livpure Smart Homes. Livpure Smart Homes 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 Customer shall be reviewed by Livpure Smart Homes within 5 working days. Livpure Smart Homes 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. Livpure Smart Homes 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. LIMITED ACCESS:

Livpure Smart Homes grants the Customer, subject to payments, permission and limited access to RO and to have RO water, from the said RO for personal and non-commercial use, limited as per the plan subscribed, in accordance with these terms and conditions. RO shall be commissioned at the address as shall be instructed by the Customer.

7. INCIDENTAL PROVISIONS:

The Customer shall be responsible for arranging provisions incidental to said RO 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 Livpure Smart Homes. Livpure Smart Homes will not be liable if any water and/or power supplies 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 Livpure Smart Homes Smart Home mobile application.

8. Delivery in 4 hours followed by Installation in next 4 hours:

We aim to complete your water purifier installation within 4 working hours after delivery, for all new subscription orders where eKYC is successfully completed and verified before 4:00 PM.

a. Installation and delivery happen between 9:00 AM to 7:00 PM, Monday to Saturday
b. The service is provided by Livpure or its authorised partners.
c. While we strive for timely installation, there may occasionally be delays due to unforeseen reasons.
d. The 4-hour timeline is a best-effort promise, and we’re committed to doing our best—we are committed to providing extra validity for each day's delay caused by us.
e.The above offer is applicable if reschedule not done by the customer.
f. This offer is only for new subscription orders and may not apply to relocations or upgrades.
g. The service is available in Delhi NCR only.
h. Customers must be present at the installation address and provide access.

9. INSTALLATION:

Livpure Smart Homes or its affiliates shall install the Product at the 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 the date of receipt of confirmation order for the Engineer to install the said Unit at the Premises. Upon installation of the said Product, the 7 (seven) day Free Trial shall commence and the Customer has the right to return the said Product within the Free Trial Period by notifying Livpure Smart Homes through its registered email at the specified email address whereupon Livpure Smart Homes shall take custody of said Product without any hindrance or obstruction from the Customer and credit payment to Customer’s Account. The Customer is entitled to verify identity of the agent/ Engineer sent by Livpure Smart Homes 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 Livpure Smart Homes and the duty to ensure necessary permissions and dispute resolution belongs solely to Customer and the third party. Livpure Smart Homes reserve the right to charge Customer and debit Customer’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) Customer or Customer’s Authorised Representative are not present at the appointed time; or (iii) Customer has failed to furnish a valid age and address photo identification as required; or (iv) of a lack of authorized third-party services and materials required for Installation; or (v) 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 the next working day order.

Complimentary and Chargeable Material

During the installation, if required, Livpure Smart Homes, at its sole discretion, may provide the below complimentary material to the Customer: The Complimentary material is (free of cost) Diverter Valve – In Place of Reducer in Kit – the Engineer will get a replacement by depositing of Reducer with Customer details. PVC Pipe white for Installation – Consumable material. For the sake of clarity, the Customer cannot claim such material as a matter of right.

However, for the below material, Livpure Smart Homes shall charge separately. Pre Filter, PRV Valve, Booster Pump - Where Raw Input Water Pressure is low, Extension Nipple, if any, Where DV required to fixed in Water Mixer tap for balancing of length.

All payments shall be accepted as per clause 15 (Payment Terms) stated herein below.

10. PLAN:

As the subscription plans of RO are based on monthly basis, with supply of specific units of water (in Litres) corresponding to the package purchased by the Customer upon registration, on 'renewal of subscription therefore the Customer has to pay immediately either on the event of reaching the maximum consumption fixed or on the expiry of month term, whichever happened earlier. Also, the FAMILY Plan, is subject to a limit of 999 litres of water usage. This limit is applied keeping in mind that if an individual drinks 4 litres of water a day, 999 litres of water per month is more than enough for a mid-sized family of eight people.

In case a Customer opts for the temporary suspension facility by subscribing to holiday plan which is a plan to safeguard the subscription till the time you are away (maximum 28days) , the Customer cannot use the water/units during the suspension period.

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 mobile application of Livpure Smart Homes. The liability of the consumer to pay the monthly fees as per the agreed and subscribed plan is absolute, regardless of whether RO was in use or if services were suspended due to the Customer's failure to recharge or top up the RO.

11. CHANGE OF PLAN:

Livpure Smart Homes allows the Customer to subscribe to any of Livpure Smart Homes service packages. For details of the service packages, kindly refer to Livpure Smart Homes website www.livpuresmart.com. The Customer may migrate from a particular package to any other existing package offered by Livpure Smart Homes with a request in writing from the registered e-mail and thereupon registration to a new package, as per the relevant terms and condition prescribed by Livpure Smart Homes from time to time. In order to change the Package, the 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. The 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.

Carry-forward of the balance units shall not be transferred in case Customer shifts from limited plans to family plans or vice versa. In this case, the balance of units shall be considered zero.

12. PRICING, SECURITY & LOCK-IN:

The Subscription Fee shall be non-refundable and in accordance with the subscription plans as displayed on the Livpure Smart Homes’s website. Livpure Smart Homes reserves the right to change the prices, including increasing the price or modifying the plans from time to time without any prior notice. The Customer must visit Livpure Smart Homes Website for the updated prices, plans, and offers. The Customer may be called to maintain an interest-free security deposit (“Security Deposit”) if required in accordance with the terms of the package that may be subscribed by the Customer. Livpure Smart Homes 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 Livpure Smart Homes at any time. The Security Deposit will be refundable subject to lock-in period on expiration or termination, as the case may be, of the Subscription plan after adjustment of any damage caused to the RO or sum due and recoverable from the Customer. The Security Deposit shall be as per the terms specified on the website of Livpure Smart Homes. There shall be a lock-in period applicable. Livpure Smart Homes reserves the right to modify the lock-in period at any time without prior intimation to the Customer, so it is advisable to visit the website from time to time for further updates. Additionally, the Security Deposit will be forfeited in case the Customer leaves the platform before the lock-in.

13. CUSTOMER ACCOUNT:

If the Customer has not utilised entire units of water per package in a month, such remaining units shall be carried forward (“Carry Forward”) to the next month upon subsequent subscription renewal of limited plans. However, such a carry-forward of balance units of water can only occur once after the initial subscription fee is paid. The maximum upper limit for carry forward the balance units left in the Customer Account shall be 5,000 litres in all limited plans in a year. Livpure Smart Homes reserve the right to change the maximum upper limit without any prior intimation.

14. PAYMENTS:

Livpure Smart Homes reserves the right to charge the Customer additional amounts, including for 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 Livpure Smart Homes. 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 Livpure Smart Homes right to deactivate and cancel the Service, Livpure Smart Homes reserve the right to charge interest at 18% per annum or the maximum rate permitted by Law on any past / current due amounThe The Customer shall be entitled to only those discounts, credits or refunds as expressly authorized by Livpure Smart Homes. Livpure Smart Homes reserves 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.

15. TAXES:

Unless otherwise specified by Livpure Smart Homes, 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 Service, including ROs or any associated services. Taxes collected by Livpure Smart Homes from the Customer will not be refunded under any circumstances including cancellation or termination or deactivation of the Subscription for any reasons by Livpure Smart Homes or at a request of the Customer.

16. PAYMENT TERMS:

Livpure Smart Homes never asks for any payments in Cash. The mode of payment shall be only through digital mode and as available on the website. 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 Livpure Smart Homes as shall be communicated on the registered mobile number of the Customer and/or displayed/notified on the website of Livpure Smart Homes, but never in cash. All Payments due to Livpure Smart Homes will be debited through the Customer Account, including without limitation, the Installation Fee, Activation Fee and Reactivation Fee. The Monthly Subscription Fee towards the Selected Packages will be debited through the Customer Account on a monthly basis, unless otherwise informed by Livpure Smart Homes. A partial month will be considered as a full Month for purposes of Subscription Fee. The Customer must maintain a Minimum Account Balance to ensure uninterrupted Services from Livpure Smart Homes. 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 service as deemed fit by Livpure Smart Homes. 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 from functioning at its sole discretion and shall also have the right to repossess the Product.

17. OWNERSHIP:

RO installed at the Premises is the property of Livpure Smart Homes and is under the full, legal, and perpetual ownership and effective control of Livpure Smart Homes unless the Customer purchases the RO water. In the event the existing Customer (under the WAAS model) opts to purchase RO water, then his services shall be ineffective, and AMC chargeable subscription for after-sales service shall be separately taken by the Customer. RO shall be installed by way of entrustment for the purpose of enabling the Customer to have RO Water and Services till the validity of subscription. Unless RO water is purchased, no right whatsoever shall be deemed to have been transferred, in the said RO and the said RO shall always remain the sole and exclusive property of Livpure Smart Homes. The Customer must keep the Product safe and must not remove any marking that identifies the Product as belonging to Livpure Smart Homes. The Customer shall not allow any unauthorised person to tamper with or use the Product in any manner not specifically authorised by Livpure Smart Homes. The Customer shall indemnify Livpure Smart Homes against all losses and damages caused by such action to the Product. In case of a request to change the Customer's name or contact number, or both, the liability of the machine will be automatically shifted from the existing Customer to the new Customer, and the security deposit will be refunded to the latter.

18. CUSTOMER OBLIGATIONS:

By entering into this Agreement, the Customer is obligated;

a. To honor the payment schedule of the 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.;

b. Not to sell, offer for sale, mortgage, pledge, sub-lease, create lien or any third party interest, or otherwise deal in any manner, with RO detrimental to the interest of Livpure Smart Homes, and shall always protect the Product, against distress, execution or seizure same being the property of Livpure Smart Homes;

c. To take such care of the RO as a prudent person shall take care of his/her own property; to indemnify Livpure Smart Homes to the extent of written-down value of the Product in case of loss or damage to the Product during the term;

d. To take broadband wi-fi for connectivity is a must and compulsory for performance monitoring.

19. PROOF OF VIOLATION:

In the event that Livpure Smart Homes detects any violation of this Subscription Agreement or any intellectual property rights utilizing fingerprinting or any other monitoring mechanism or system deployed by Livpure Smart Homes or its authorized representatives, then the Customer acknowledges and accepts the validity of such methods. Any findings of contractual or intellectual property violations and / or violations of any other law/s through the use of fingerprinting or other methods presented before the relevant authority shall be treated as conclusive proof of any such violation.

20. USAGE:

Upon delivery of the RO, the 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 in strict compliance with all instructions manuals and any other reasonable instructions as may be provided from time to time by Livpure Smart Homes. The Customer must always maintain and keep the Product in good and useable condition (normal wear and tear excepted) until returned to or collected by Livpure Smart Homes. These water purifiers have been specifically designed considering the capacity of usage and commercial activity is strictly prohibited.

21. INSPECTION:

Livpure Smart Homes, without any prior notification and during reasonable hours permitted under the law any time during the Term of the Agreement, may enter the 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 Agreement. If the Customer fail to provide access to Livpure Smart Homes and/or its authorized agents, Livpure Smart Homes have the right, subject to compliance with any applicable law, to enter the premises, or authorise its agents to enter the Premises, where Livpure Smart Homes believe RO is located in order to confirm its existence, condition and proper maintenance. Livpure Smart Homes shall be entitled to take photographs and collect documents, materials, equipment or other information necessary as proof of any violation of the Agreement.

22. SERVICE & MAINTENANCE:

Livpure Smart Homes 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. Livpure Smart Homes, however, cannot guarantee the same, and there might be delay in the same. Livpure Smart Homes 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 Livpure Smart Homes, 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: a) due to change in business b) any legal, commercial or other reason, which Livpure Smart Homes finds as reasonable warranting a limitation/ disconnection of the Services. For shops, clinics, offices and other entities, a maximum of three services are allowed without further cost, and thereafter, it will be chargeable. Filter and membrane replacement is permissible once a year. However, the Customer shall be eligible for the first membrane replacement after 6 months. Any additional service or spare parts will be chargeable.

23. REPAIR:

At any given point of time, Livpure Smart Homes at its sole discretion, may replace, change, substitute, or modify the RO and/or any of its part. The Customer is not permitted, in any manner whatsoever, to open, modify, repair, damage and/or remove RO or any of its parts and/or change any part of the said RO. 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 any such unauthorized opening, modification, repairing or removal of RO or any of its part and/or any damage to said RO or to any of its Part, Livpure Smart Homes shall be entitled to immediately terminate the Agreement, suspend all services and to get its RO back in its custody and/or to seek appropriate damage from the Customer.

24. REPLACEMENT:

In case of any fault in RO being brought to the notice of Livpure Smart Homes, by the Customer, which is being confirmed by technical support team of Livpure Smart Homes and same being not caused by the Customer, Livpure Smart Homes, at the request of the said Customer, at its sole discretion either replace any defective part of RO and/or RO itself, free of charge. However, for any other change or replacement, the standard charges shall apply.

25. RELOCATION:

Livpure Smart Homes allows its Customer to change the Installation Address for the 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 Livpure Smart Homes. If the Customer is interested in changing the Address, the Customer must inform Livpure Smart Homes by contacting the Helpline and booking a Relocation by giving the details of the new Address. The Customer will be informed about the procedure and the applicable charges, as fixed by Livpure Smart Homes, from time to time. Livpure Smart Homes 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 Livpure Smart Homes. Additionally, Livpure Smart Homes 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 Livpure Smart Homes. In case the Customer relocates on his / her own without using the services of Livpure Smart Homes, then Livpure Smart Homes shall have the right to suspend the maintenance privileges of the Customer.

26. SUSPENSION OF SERVICES:

Livpure Smart Homes allows its Customer to make a request to Livpure Smart Homes to suspend all the Service availed by the Customer for a temporary period. Only Customers who have an Active Account Status with Livpure Smart Homes can opt for the Temporary Suspension Facility. The Customer must visit Livpure Smart Homes Website for the latest policy to avail the facility of Temporary Suspension Services provided by Livpure Smart Homes.

27. CANCELLATION:

The Customer may deactivate or cancel or completely discontinue availing all the Services provided by Livpure Smart Homes by providing a 30 (thirty) days prior request in writing on Livpure Smart Homes specified email address through Customer’s registered email address. However, Livpure Smart Homes reserves the right to deduct or adjust/set off any amount or refuse to pay security deposit of lock-in due to early discontinuation or cancellation/ deactivation of account or termination of the services before the minimum period of commitment or on account of any damage caused to the material of Livpure Smart Homes by the Customer or any charge applicable against deactivation. It is further clarified that in no circumstances Livpure Smart Homes right to reject or approve the claim shall be impaired on account any reason and Livpure Smart Homes decision with respect to any subject including but not limited to deciding the commencement and end date of lock-in or withholding the security deposit shall be final and binding upon the Customer. In case of a complete discontinuation of the Service, the Subscription Agreement shall automatically stand terminated from the date of cancellation or discontinuation of Services, and the Customer shall immediately return to Livpure Smart Homes the RO that the Customer may have in his / her 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 with Livpure Smart Homes. Upon such deactivation/cancellation of Subscription, Livpure Smart Homes shall take custody and uninstall the Product. The Customer shall forthwith return to Livpure Smart Homes the Product and every part thereof, which may be in or under the Customer's control. In case of cancellation, Livpure Smart Homes will forfeit any available balance in the Customer’s Account. In case of a deactivation, Livpure Smart Homes reserve the right to cancel the Service. In case of a cancellation, the Subscription Agreement shall stand automatically terminated from the date of cancellation.

28. RETURN:

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 e) disconnection of services for any reason; or f) prior termination of the Agreement in accordance with the terms hereof, the Customer undertakes to return the Product immediately. It is the Customer who shall be responsible for returning the Product to the authorized representative of Livpure Smart Homes against the written acknowledgment by Livpure Smart Homes. The Customer shall not claim any interest, charge or lien on the Product, even if any dispute is pending for resolution between the Customer and Livpure Smart Homes.

29. REPOSSESSION:

Notwithstanding the foregoing, Livpure Smart Homes reserves the right to repossess the Product and/or claim damages from Customer if the Product is (i) stolen or lost (ii) damaged or (iii) used without authorization (iv) not returned by the Customer upon cancellation, deactivation or completion of the Term or at the instruction of Livpure Smart Homes. Non-exercise by Livpure Smart Homes, of this right of re-possession, does not operate as a waiver on the part of Livpure Smart Homes, from exercising this right. In such an event, the Customer hereby gives unconditional and irrevocable license/permissions/authority to the representative of Livpure Smart Homes to enter into the Premises and/or any other premises where the said RO is kept for taking immediate custody and repossession of the said RO. It is made clear that repossession of said RO would be without prejudice to the rights of Livpure Smart Homes to seek other remedies or reliefs which Livpure Smart Homes otherwise would be entitled to in law.

30. LIABILITY FOR DAMAGE:

The Customer shall be liable to pay to Livpure Smart Homes 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 is lost/misplaced (including but not limited to robbery or theft or misappropriation) and/or disposed of by the Customer or by anyone else, the Customer shall intimate Livpure Smart Homes and shall file an FIR with the police having jurisdiction. The Customer shall be liable for and shall be liable to pay the market value of the RO lost, stolen, robbed, etc., whatever the case may be. The Customer confirms and agrees that Livpure Smart Homes shall have sole authority to decide on the extent of damage caused to the Product and Livpure Smart Homes 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 Livpure Smart Homes shall be entitled to claim damage as per the following schedule:

a. Front cover damage: Rs.1,000

b. Main body damage: Rs.1,700

c. Missing or malfunctioning Pump: Rs.2,500

d. Missing or malfunctioning Membrane: Rs.2,500

e. Missing or malfunctioning Filter: Rs.500 per piece

f. Missing or malfunctioning SMPS (Power supply): Rs.700

31. TERMINATION:

Livpure Smart Homes 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 Livpure Smart Homes (i) under any law or is requested by any competent authority; or (ii) 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; or (iii) for unauthorized use of the Services by the Customer; or (iv) for any breach or default on the part of Customer of any of the terms and/or condition of the present Agreement; or (v) for any technical, maintenance, security or failure or degradation of any facilities, equipment or systems used to provide the Service; or (vi) product is lost/misplaced/damaged/disposed of by the Customer intentionally or unintentionally; or (vii) due to any act beyond the control of Livpure Smart Homes; (vii) or in the force majeure eventsuch as, natural disasters (earthquakes, floods, hurricanes), pandemics, wars, government actions, labour strikes, cyberattacks, or similar situation. Notwithstanding any other terms of this Agreement, Livpure Smart Homes shall have the right to terminate the Agreement by providing 15 days’ notice to the Customer. The Agreement may be terminated by the Customer, any time during the term by serving a notice in writing, from the registered email id, subject to fulfilment of minimum period of commitment or on making payment for the remaining period of minimum commitment in lieu thereof.

32. EFFECTS OF TERMINATION:

On termination, Livpure Smart Homes shall have the right to take possession of RO delivered to the Customer immediately; and the Customer shall be liable for: a) any payment or arrear of subscription fee pending from the Customer, which shall become payable immediately; b) any penalty or damages payable to Livpure Smart Homes in case of any damage, loss, misplacement, or disposition of the Product. In the event of termination, the Customer shall pay for the RO usage charges so long as the RO 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. Notwithstanding the termination of the Agreement, the liabilities incurred by parties prior to the termination shall remain valid, binding and enforceable.

33. REACTIVATION:

In the event of an interruption, suspension or deactivation of the Service, Livpure Smart Homes may, at its sole discretion, reactivate the Service, subject to any conditions that Livpure Smart Homes may impose from time to time subject to applicable law. Upon reactivation, Livpure Smart Homes may, in addition to charging reactivation fees, deduct the expenses, charges and/or penalties that Livpure Smart Homes 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 Livpure Smart Homes. 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 Agreement 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 Agreement, which is expressly or by implication intended to come into or continue in force on or after such termination.

34. WARRANTIES:

Livpure Smart Homes makes no express or implied warranties, guarantees, representations or undertakings whatsoever regarding the Services/ equipment etc., unless expressly mentioned in the Agreement. Livpure Smart Homes specifically disclaims any statements indicating that the RO 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 on account of Force Majeure.

35. LIABILITIES:

The liability of Livpure Smart Homes will be limited to only proven direct damages or losses incurred by the Customer or any third party. The Customer shall indemnify, defend and hold Livpure Smart Homes 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 damage or personal injury arising from the Customer’s use of the RO by any cause, except to the extent such is caused by Livpure Smart Homes negligence or willful misconduct. Livpure Smart Homes’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 Livpure Smart Homes be liable for any indirect, special or consequential loss or damage arising out of Customer’s use of the Products.

36. COMMUNICATION:

The Customer shall communicate with Livpure Smart Homes through registered mobile No. and/or through registered email ID. Livpure Smart Homes shall also communicate a) all payment reminders and/or confirmations b) all plan related communications etc. on the registered mobile and/or email id of the Customer. The Customer shall take all reasonable precautions to ensure the safety and privacy of Customer Account. The Customer shall not share with any third party, the confidential information including the Customer login IDs, password, security password etc. The Customer shall immediately notify to Livpure Smart Homes about the breach and/or violation of any security or of any unauthorized use of Customer ID and/or account and/or information. Livpure Smart Homes 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 Livpure Smart Homes or others due to such unauthorized use.

37. PERMISSIONS:

By subscribing to and activating Livpure Smart Homes services or possessing the RO, the Customer(s) grants Livpure Smart Homes (or its subAgreements or business associates) the permission to contact the Customer(s) through Call, SMS, Social Media, Mobile Applications or any other means for any reasons (including for reasons connected to the service or otherwise). The Customer specifically agrees that in order to facilitate Livpure Smart Homes to provide Services, Livpure Smart Homes may be required to disclose any information or particulars pertaining to the Customer to any authority, including, but not limited to, any debt collection agency, credit reference agency, security agency, and reserves the right to comply with the direction of such authorities at its discretion and without intimating the Customer. The Customer acknowledges and agrees that the foregoing consent given to Livpure Smart Homes (or its sub-contracts or business associates) shall be notwithstanding the Customer being registered under the National Do Not Disturb Registry (or any such records). Any information collected from a Customer or its Authorized Representative is subject to the terms of the Privacy Policy on Livpure Smart Homes Website, and Applicable Law. The Customer (or Authorized Representative, as the case may be) grants its express consent to Livpure Smart Homes to collect, and use information (including sensitive personal information) of the Customer and/or Authorized Representative, and contact the Customer and/or Authorized Representative using their information for the following purposes: (a) share information with regard to the subscription account such as alerts and account information. (b) fulfil the Customer’s or Authorized Representative’s requests regarding the Services; (c) respond to inquiries; (d) conduct market research; (e) enforce the legal terms or for other legal purposes; (f) prevent fraud or potentially illegal activities; (g) perform analyses; (h) provide technical support; (i) improve its products and/or Services; (j) share marketing materials (k) contact Customer or Authorized Representative for surveys or feedback; (l) execute other activities such as marketing campaigns. (m) to recommend products and services (n) to provide ads, offers and other sponsored content (o) to perform its obligations and duties as required by customary business practices.

38. REVISIONS:

These terms and conditions, are subject to modification and revision at the sole discretion of Livpure Smart Homes and shall be deemed to be effective as soon as the revised, modified terms and conditions are notified on the website of Livpure Smart Homes. 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.

39. NOTIFICATIONS

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 Livpure Smart Homes. The Customer agrees that notifications provided by Livpure Smart Homes in such form as prescribed by Livpure Smart Homes from time to time, including notifications displayed on Livpure Smart Homes Website or the Customer care service or the notification provided by Alert, SMS, Email or any other method specified by Livpure Smart Homes, will be sufficient and adequate notice to the Customer.

40. ASSIGNMENT:

Except for a change in the Customer's name or contact number, as mentioned above in Clause 17, the Customer, under no circumstances, shall assign or transfer or create any third-party interest in the RO without written consent of the Livpure Smart Homes. Any such transfer or assignment shall be void ab initio and amount to a violation of the terms and conditions. Livpure Smart Homes reserves the right to assign this Agreement to any third party without prior notice to the Customer.

41. ENTIRE AGREEMENT:

This Agreement constitutes the entire agreement between Livpure Smart Homes and the Customer. The acceptance of this Agreement also signifies the acceptance of the Customer, to the terms and conditions on Livpure Smart Homes website. In the event of any conflict between the terms and conditions on Livpure Smart Homes website and this Agreement, the terms and conditions on Livpure Smart Homes website shall supersede. Livpure Smart Homes 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.

42. SEVERABILITY:

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.

43. WAIVER:

Neither Party shall lose any right under this Agreement 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.

44. GOVERNING LAW, JURISDICTION:

This Agreement is governed by Indian law. The Courts at Gurgaon, Haryana, shall have exclusive jurisdiction.