TERMS AND CONDITIONS
Certain words in this Subscription Contract 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 contract, after Installation of the Unit including provision for service for upgrade at the Address.
c. Carry Forward: the balance units left in the Customer 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.
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 costumer chosen Service (in case of monthly subscriptions) or total value of the customer 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 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 tLivpure Smart Homes.
k. Customer: shall mean a person (You) who agrees to these Terms and Conditions for availing Livpure Smart Homes Services but excludes Commercial Establishments and referred to as Customer, in this Contract and includes any person/persons who uses services under the Customer)
l. Customer Account: the personal subscription account of customer withLivpure Smart Homes for carrying out all transactions with Livpure Smart Homes.
m. Customer ID: the unique Customer identification code issued to customer for purposes of accessing Customer’s Account and availing of the Service at the specified Address.
n. 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 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. Model No. Livpure Smart Homes Envy +.
These terms and conditions mentioned below shall form the Subscription contract between the parties, i.e. Livpure Smart Homes Private Limited 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 customers.
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 Contract or;
b. A Livpure Smart Homes/entity having its place of business in India, represented by an individual having appropriate authority to accept the Contract;
c. That all information provided to Livpure Smart Homes and KYC submitted are accurate, true and correct.;
d. Customer has subscribed 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, oral 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 are not obligated to accept any offer made.
The Contract 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 this contract.
KYC Documents which must include Valid Photo Identity Card & Valid Address Proof and such other documents as may be called and/or required byLivpure Smart Homes and/or mandated by law. The customer shall be eligible to take the equipment/product under the lease product offer/scheme provided by the Livpure Smart Homes only once the KYC of the lessee/customer has been approved from the office of the Livpure Smart Homes. Livpure Smart Homes and/or its a¬uthorized agents shall be entitled to visit the customer and the scheduled premises for the purpose of verification. The KYC of the lessee/customer shall be reviewed by the 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. The 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 plan subscribed, in accordance with these terms and conditions. RO shall be commissioned at the address as shall be instructed by the Customer, which hereinafter shall be called and referred as ‘Scheduled Premises’.
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 App.
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. The Customer 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. 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 ID at the registered 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 next working day order.
As the subscription plans of RO are based on monthly basis, with supply of specific units of water (in Liters) corresponding to the package purchased by the Customer upon registration, on pre-paid basis therefore the customer has to recharge immediately either on the event of reaching the maximum consumption fixed or on the expiry of month term, whichever happened earlier. Also, when we talk about our UNLIMITED Plan, there is a limit of 999 litres of water usage. This limit is applied keeping in mind that if an individual drink 4 litres of water a day, 999 litres of water per month is more than enough for a mid-sized family of eight people.
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 app of Livpure Smart Homes. The liability of the consumer to pay the monthly fees as per the agreed and subscribed plan is absolute, notwithstanding that the customer was not using the said RO or the services were suspended due to failure of customer in recharging and/or topping up of the RO.
10. CHANGE OF PLAN:
Livpure Smart Homes provide the Customer to subscribe to any one of Livpure Smart Homes service packages, for details of the service packages kindly refer to Livpure Smart Homes website www.livpuresmart.com. Customer may migrate from a particular package to any other existing package offered by Livpure Smart Homes with a request in writing by way of 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, 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. 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.
11. PRICING & SECURITY DEPOSIT:
The Subscription Fee shall be non-refundable and in accordance with the subscription plans as displayed on the company website and may be changed from time to time, without any prior notice. The Livpure Smart Homes reserves the right, to change the prices, including increase the prices or modify the plan and offer in accordance with Applicable Law. Customer must visit the Livpure Smart Homes Website for the updated prices, tariff plans and offers. Customer may be called to maintain interest free security deposit (“Security Deposit”), if required in accordance with the terms of the package or the offer 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 the Livpure Smart Homes at any time. The Security Deposit will be refundable upon expiration or termination of the Subscription herein after adjustment of any sum due from the Customer to Livpure Smart Homes.
12. CUSTOMER ACCOUNT:
If the Customer 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.
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, or if customer have advised Livpure Smart Homes that Customer do not want to proceed with a Plan, and the first payment has already been withdrawn from Customer account. 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 amounts. Customer shall be entitled to only those discounts, credits or refunds as expressly authorized by Livpure Smart Homes. Livpure Smart Homes reserve 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.
Unless otherwise specified by the 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 the 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 the Livpure Smart Homes or at a request of the Customer.
15. PAYMENT TERMS:
Livpure Smart Homes never asks for any payments in Cash. The mode of payment shall be only digital 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 the Livpure Smart Homes as shall be communicated on the registered mobile number of the customer and/or displayed/notified on the website of the Livpure Smart Homes, but never in cash. All Payments due to the Livpure Smart Homes will be debited through the Customer Account including without limitation Installation Fee, Activation Fee and Reactivation Fee. Monthly Subscription Fee towards the Selected Packages will be debited through the Customer Account on a monthly basis, unless otherwise informed by the Livpure Smart Homes. Any Month-Parts will be treated as a full Month for purposes of Subscription Fee. Customer must maintain a Minimum Account Balance to ensure uninterrupted services from the 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 the 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 to function as desired and shall also have the right to repossess the Product.
RO installed at the scheduled premises is the property of the Livpure Smart Homes and is under the full, legal and perpetual ownership and effective control of the Livpure Smart Homes. RO has been installed by way of entrustment for the purpose of enabling customer to have RO Water and Services till the validity of subscription contract. No right whatsoever shall 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 safely and must not remove any marking that identifies the Product as belonging to the Livpure Smart Homes. Customer must not allow anyone else to otherwise tamper with or use the Product in any manner not specifically authorize by the Livpure Smart Homes. The Customer shall indemnify the Livpure Smart Homes against all loss and damage caused by such action against its lease Equipment/Product.
17. CUSTOMER OBLIGATIONS:
By entering into this contract, the Customer is obligated;
a. To honor the payment schedule of 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 ofLivpure Smart Homes, and shall always protect the Product, against distress, execution or seizure same being the property ofLivpure Smart Homes;
c. To take such care of the RO as a prudent person shall take care of his own property; to indemnifyLivpure Smart Homes to the extent of written down value of the Product in case of loss or damage to the Product during the term of lease;
18. PROOF OF VIOLATION:
In the event thatLivpure Smart Homes detect any violation of this Subscription Contract or any intellectual property rights utilizing fingerprinting or any other mechanism or system deployed byLivpure Smart Homes or by the authorized representatives ofLivpure Smart Homes, then such fingerprinting or other mechanism or system shall be acceptable to Customer 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.
Upon delivery of the RO, 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 time to time byLivpure Smart Homes. Customer must always maintain and keep the Product in good and useable condition (normal wear and tear excepted) until returned to or collected by theLivpure Smart Homes.
Livpure Smart Homes, without any prior notification and during reasonable hours permitted under the law any time during the Term of the Contract, may enter the scheduled 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 Contract. If customer fail to provide access toLivpure 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, whereLivpure 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 Contract.
21. 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 the 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: d) due to change in business e) any legal, commercial or other reason, which the Livpure Smart Homes finds as reasonable warranting a limitation/ disconnection of the Services.
At any given point of time, the Livpure Smart Homes at its sole discretion, may replace and/or change and/or substitute and/or modify and/or 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 part 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 knowing of any such unauthorized opening and/or modification and/or repairing and/or removal of RO and/or any of its part and/or any damage to said RO and/or to any of its Part, Livpure Smart Homes shall be entitled to immediately terminate the contract, suspend all services and to get its RO back in its custody and/or to seek appropriate damage from the customer.
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, the Livpure Smart Homes, at the request of the said customer, Livpure Smart Homes 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.
Livpure Smart Homes allows its Customer to change the Installation Address for 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 the Livpure Smart Homes. If the Customer is interested to change the Address, the Customer must inform the Livpure Smart Homes by contacting the Helpline and booking a Relocation by giving the details of the new Address. Customer will be informed about the procedure and the applicable charges, as fixed by the 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 the Livpure Smart Homes. Additionally, the 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 the Livpure Smart Homes. In case the Customer relocates on his / her own without using the services of the Livpure Smart Homes, then the Livpure Smart Homes shall have the right to suspend the maintenance privileges of the Customer.
25. SUSPENSION OF SERVICES:
Livpure Smart Homes allows its Customer to make a request to the 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 the Livpure Smart Homes can opt for the Temporary Suspension Facility. Customer must visit the Livpure Smart Homes Website for the latest policy to avail the facility of Temporary Suspension Services provided by the Livpure Smart Homes.
Customer may deactivate or cancel or completely discontinue availing all the Services provided by the Livpure Smart Homes by providing a 30 (thirty) day prior request in writing on Livpure Smart Homes registered email address by way of email through Customer’s registered email address. However, the Livpure Smart Homes reserves the right to refuse such deactivation request if the subscription of any of the Service is within the lock-in period and/or minimum period of commitment, which was accepted and agreed by the Livpure Smart Homes on the Livpure Smart Homes Website. In such an instance the Livpure Smart Homes reserves the right to make the cancellation request made by the Customer, effective from the date on which such lock-in period comes to an end. In case of a complete discontinuation of the Service, the Subscription Contract shall automatically stand terminated from the date of cancellation or discontinuation of that Services and Customer shall immediately return to the Livpure Smart Homes the RO that the Customer may have in its 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 the Livpure Smart Homes. Upon such deactivation / cancellation of Subscription, Livpure Smart Homes shall take custody and uninstall the Product and forthwith Customer shall 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 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 Contract shall stand automatically terminated from the date of cancellation.
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 disconnection of services for any reason; or e) prior termination of the Contract in accordance of the present contract Customer undertakes to return the Product immediately. It is the customer who shall be responsible for returning of the Product to the authorized representative of Livpure Smart Homes against the written acknowledgment by Livpure Smart Homes. Customer shall not claim any interest, charge or lien on the Product, even if any dispute is pending for resolution between the Customer and the Livpure Smart Homes.
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 unauthorized (iv) not returned by the Customer upon cancellation, deactivation or completion of the Term or at the instruction of the Livpure Smart Homes. Non-exercise by the Livpure Smart Homes, of this right of re-possession, does not operate as a waiver on the part of the Livpure Smart Homes, from exercising this right. In such event the customer hereby gives unconditional and irrevocable license/permissions/authority to the representative of Livpure Smart Homes to enter into the Scheduled 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, reliefs which Livpure Smart Homes otherwise would be entitled for in law.
29. 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 misapproprtion) and/or disposed of by the Customer or by anyone else, the customer shall intimate Livpure Smart Homes and shall file a FIR with 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 thatLivpure Smart Homes shall have sole authority to decide on the extent of damage caused to the Product andLivpure 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), whichLivpure 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
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 the 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 contract; or (v) for any technical, maintenance, security or failure or degradation of any facilities, equipment or systems used to provide the Service; or (vi) for Livpure Smart Homes is lost/misplaced/damaged/disposed of by the lessee/customer intentionally or unintentionally; or (vii) due to any act beyond the control of the Livpure Smart Homes; (vii) or in the event of emergency, such as, war or similar situation. Notwithstanding any other terms of this Agreement, Livpure Smart Homes shall have the right to terminate the Agreement in case of any default on the part of the Livpure Smart Homes by providing 15 days’ notice to the Customer. 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, subject to fulfilment of minimum period of commitment or on making payment for the remaining period of minimum commitment in lieu thereof.
31. EFFECTS OF TERMINATION:
On termination, the 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 rent pending from the Customer shall become payable immediately to the Livpure Smart Homes; b) any penalty or damages payable to the Livpure Smart Homes in case of any damage/loss/misplacement/disposition of the Lessee/customer. 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 present contract, the liabilities incurred by parties prior to the termination shall remain valid, binding and enforceable.
In the event of an interruption, suspension or deactivation of the Service, the Livpure Smart Homes may, at its sole discretion, reactivate the Service, subject to any conditions that the Livpure Smart Homes may impose from time to time subject to applicable law. Upon reactivation, the Livpure Smart Homes may in addition to charging reactivation fees, deduct the expenses, charges and/or penalties that the 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 the 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 Contract 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 Contract, which is expressly or by implication intended to come into or continue in force on or after such termination.
The Livpure Smart Homes makes no express or implied warranties, guarantees, representations or undertakings whatsoever regarding the Services/ equipment etc., unless expressly mentioned in the Contract. The 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.
The liability of the 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 the Livpure Smart Homes negligence or willful misconduct. The 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.
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 mail id of the customer. The customer shall take all reasonable precautions to ensure the safety and privacy of Customer Account. Customer login IDs, Password, Security Password shall not be shared by the Customer with any third party. 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 the Livpure Smart Homes or others due to such unauthorized use.
These terms and conditions, are subject to modification and revision at the sole discretion of the 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.
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 the Livpure Smart Homes. The Customer agrees that notifications provided by the Livpure Smart Homes in such form as prescribed by the Livpure Smart Homes from time to time, including notifications displayed on the Livpure Smart Homes Website or the Customer care service or the notification provided by Alert, SMS, Email or any other method specified by the Livpure Smart Homes, will be sufficient and adequate notice to the Customer.
The Customer under any circumstances shall not assign or transfer or create any third party interest in this Agreement or RO without the consent of the Livpure Smart Homes. Any such transferring of assignment shall be considered as illegal and hence a violation of the terms of this Agreement. The Livpure Smart Homes reserves its right to assign this Agreement, to any third party without prior notice to the Customer.
40. 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 the Livpure Smart Homes website. In the event of any conflict between the terms and conditions on the Livpure Smart Homes website and this Agreement, the terms and conditions on the Livpure Smart Homes website shall supersede. The 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.
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.
Neither Party shall lose any right under this Subscription Contract 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.
43. GOVERNING LAW, DISPUTE RESOLUTION & ARBITRATION:
This Agreement is governed by Indian law.Any disputes, differences or questions, which may arise at any time hereafter between the Livpure Smart Homes and the Customer touching the true construction of this Agreement or performance of the obligations or enforcing any rights and/or liabilities of the Parties hereunder, shall be first amicably resolved between the Parties within 30 (thirty) days from the date on which such dispute was raised by a Party and communicated to the other Party in writing failing which the dispute shall be referred to a sole arbitrator who shall be appointed by Livpure Smart Homes. Both Customer and Livpure Smart Homes, agrees and undertakes that it would be in interests of both parties, if the Arbitration is conducted through Fast Track Mode as provided under Section 29-B of the Arbitration Act, as amended upto date. The arbitration shall be subject to the provisions of the Arbitration and Conciliation Act, 1996, as amended or any statutory modifications or re-enactment thereof for the time being in force. The venue of such arbitration shall be at Delhi and the Courts at Delhi alone shall have exclusive jurisdiction to deal with the arbitration proceedings and the awards in accordance with law. The arbitration proceedings shall be conducted in English language. The award passed by the arbitrator shall be final and binding upon the Parties.