Terms and Condition
Terms Of Use
- These terms of use (the “Terms of Use”) govern your use of our website www. paanivaale.com (the “Website”) and our “Paanivaale.com” application for mobile and handheld devices (the “App”). The Website and the App are jointly referred to as the “Platform”. Please read these Terms of Use carefully before you use the services. If you do not agree to these Terms of Use, you may not use the services on the Platform, and we request you to uninstall the App. By installing, downloading or even merely using the Platform, you shall be contracting with Paanivaale.com and you signify your acceptance to the Terms of Use and other Paanivaale.com policies (including but not limited to the Cancellation & Refund Policy, Privacy Policy and Take Down Policy) as posted on the Platform from time to time, which takes effect on the date on which you download, install or use the Services, and create a legally binding arrangement to abide by the same.
- The Platform is operated and owned by Mach15 edge solutions INC, a company incorporated under the Companies Act, 1956 For the purpose of these Terms of Use, wherever the context so requires, ”you” shall mean any natural or legal person who has agreed to become a buyer or customer on the Platform by providing Registration Data while registering on the Platform as a registered user using any computer systems. The terms “Paanivaale.com”, “we”, “us” or “our” shall mean Mach15 edge soloutions INC.
- Paanivaale.com enables transactions between participant vendors/distributor and buyers, dealing in delivering RO water (“Platform Services”). The buyers (“Buyer/s”) can choose and place orders (“Orders”) from variety of products listed and offered for sale by various neighborhood vendors/distributors and traders and on the Platform and Paanivaale.com enables delivery of such orders at select localities of serviceable cities across India (“Delivery Services”). The Platform Services and Delivery Services are collectively referred to as “Services”.
- Use of Platform and Services
- All commercial/contractual terms are offered by and agreed to between Buyers and vendors alone. The commercial/contractual terms include without limitation price, taxes, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services Paanivaale.com does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and vendors. Paanivaale.com may, however, offer support services to Vendors/distributorss in respect to order fulfillment, payment collection, call center, and other services, pursuant to independent contracts executed by it with the vendors/distributors .
- **Paanivaale.com does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the vendors/distributors . You are advised to independently verify the bona fides of any particular Vendors/distributorsthat you choose to deal with on the Platform and use your best judgment in that behalf. All Vendors/distributors offers and third party offers are subject to respective party terms and conditions. Paanivaale.com takes no responsibility for such offers.
- Paanivaale.com neither make any representation or warranty as to specifics (such as quality, value, salability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Platform nor does implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. Paanivaale.com accepts no liability for any errors or omissions, whether on behalf of itself or third parties(vendors/distributors).
- Paanivaale.com is not responsible for any non-performance or breach of any contract entered into between Buyers and vendors/distributors on the Platform. Paanivaale.com cannot and does not guarantee that the concerned Buyers and/or vendors/distributors will perform any transaction concluded on the Platform. Paanivaale.com is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
- Paanivaale.com is operating an online marketplace and assumes the role of facilitator, and does not at any point of time during any transaction between Buyer and vendors/distributors on the Platform come into or take possession of any of the products or services offered by vendors/distributors . At no time shall Paanivaale.com hold any right, title or interest over the products nor shall Paanivaale.com have any obligations or liabilities in respect of such contract entered into between Buyer and vendors/distributors .
- Paanivaale.com is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the vendors/distributors and the Buyer. In case of complaints from the Buyer pertaining to water efficacy, quality, or any other such issues, Paanivaale.com shall notify the same to vendors/distributors and shall also redirect the Buyer to the consumer call center of the vendors/distributors . The Vendors/distributors shall be liable for redressing Buyer complaints. In the event you raise any complaint on any Vendors/distributors accessed using our Platform, we shall assist you to the best of our abilities by providing relevant information to you,such as details of the vendors/distributors and the specific Order to which the complaint relates, to enable satisfactory resolution of the complaint.
- Please note that there could be risks in dealing with underage persons or people acting under false pretence.
Use of the Website and Apps
You agree, undertake and confirm that your use of Platform shall be strictly governed by the following binding principles:
- You shall not host, display, upload, download, modify, publish, transmit, update or share any information which belongs to another person and which you do not have any right to ,is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986, misleading or misrepresentative in any way, patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual, any type of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- It is possible that other users (including unauthorized users or ‘hackers’) may post or transmit offensive or obscene materials on the Platform and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Platform, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Platform You acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform. Please carefully select the type of information that you publicly disclose or share with others on the Platform.
- Paanivaale.com shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services), hacking, pen testing attempts without our prior consent or a mutual legal agreement.
- Account Registration or use of the Platform
- You may access the Platform by registering to create an account at the time of ordering any product from our platform u just need to put your primary email id and password for our platform which you will remember whole time at your every time order
- We recommend that to not logout your account once login
- Bookings and Financial Terms
- The Platform allows you to place water order bookings and we will, subject to the terms and conditions set out herein, enable delivery of such order to you.Paanivaale.com do not own, sell, resell on its own and/or do not control the vendors/distributors or the related services provided in connection thereof. You understand that any order that you place shall be subject to the terms and conditions set out in these Terms of Use including, but not limited to, product availability and delivery location serviceability.As a general rule, all bottle orders placed on the Platform are treated as confirmed.However, upon your successful completion of booking an order, we may call you on the telephone or mobile number provided to confirm the details of the order, the price to be paid and the estimated delivery time. For this purpose, you will be required to share certain information with us, including but not limited to (i) your first and last name (ii) mobile number; and (iii) email address. It shall be your sole responsibility to bring any incorrect details to our attention. It is clarified that Paanivaale.com reserves the right to not to process your order in the event you are unavailable on the phone at the time we call you for confirming the order and such event the provisions of the cancellation and refund policy below shall be applicable.
- You agree to pay us for the total amount for the order placed by you on the Platform. We will collect the total amount in accordance with the terms and conditions of these Terms of Use and the pricing terms set forth in the applicable menu listing for the particular Vendors/distributors. Please note that we cannot control any amount that may be charged to you by your bank related to our collection of the total amount, and we disclaim all liability in this regard.
- The final bill will be issued by the Vendors/distributors to the Buyer after the order completion and your bill is mail on your register mail id by Paanivaale.com and we send it in behalf of your vendor, the payment is collected by such Vendors/distributors at the time of delivery by Cod or digitally. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the bill are being charged and determined by the Vendors/distributors. Paanivaale.com holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Vendors/distributors.
- The prices reflected on the Platform are determined solely by the Vendors/distributors and are listed based on Vendors/distributors’s information as per the locality . Very rarely, prices may change at the time of placing order due to Vendors/distributors changing the total price without due intimation and such change of price are at the sole discretion of the Vendors/distributor sattributing to various factors beyond control.
Disclaimer: Prices on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information supplied by Vendors/distributors be incorrectly reflected and in such an event Vendors/distributors may cancel such your order(s).
- The Vendors/distributors shall be solely responsible for any warrantee/guarantee of the water products sold to the Buyers and in no event shall be the responsibility of Paanivaale.com.
- The transaction is bilateral between the Vendors/distributors and Buyer and therefore, Paanivaale.com is not liable to charge or deposit any taxes applicable on such transaction.
- We again clear that we are not taking any amount from user we have a commission with your vendor/distributor and we charge it according to our condition, and the the bill which is sent on your mail id is just a invoice of your purchase which we sent on behalf of your vendor
- Cancellations and Refunds
Cancellation
- As a general rule you shall not be entitled to cancel your order once you have received confirmation of the same. If you cancel your order after it has been confirmed. if you really want cancel your order you just tell to your vendor about this. we are in against to generate fake order, if the user cancel order time to time then we take it as a fake order generator and we suspend it account any time
- We reserve the sole right to cancel your order in the following circumstance:
- in the event of the designated address falls outside the delivery zone offered by us;
- failure to contact you by phone or email at the time of confirming the order booking;
- failure to deliver your order due to lack of information, direction or authorization from you at the time of delivery; or
- unavailability of all the items ordered by you at the time of booking the order;
- Refunds
No any refund case is treated because we are not taking any advance amount form user, we are just in cash on delivery dealing. No refund after the product used and after the leaving the place because it’s a water product and we do not compromise with water quality
If any fault in the water quality or in the product it would be replace by that vendor at any time but within 24 hours
We advise to user to check the product at the time of delivery because paanivaale.com website/app/company or our parent company is not responsible for any type fault in water bottle and water quality its all depend on the vendor who deliver you that product because paanivaale.com is just a platform
- Terms of service
- You agree and acknowledge that we shall not be responsible for:
- The services or goods provided by the Vendors/distributors including, but not limited, serving of water orders suiting your requirements and needs;
- The Vendors/distributors services or goods not being up to your expectations or leading to any loss, harm or damage to you;
- The availability or unavailability of certain items on the menu; or
- The Vendors/distributors serving the incorrect orders.
- The details of the menu and price list available on the Platform are based on the information provided by the Vendors/distributors and we shall not be responsible for any change or cancellation or unavailability.
- You may not be able to avail our Services if your delivery location is outside our current scope of Service. We will keep you informed of the same at the time of confirming your order booking.
- You understand that delivery periods quoted to you at the time of confirming the order is an approximate estimate and may vary. We will not be responsible for any delay in the delivery of your order.
- You order will be only delivered to the address designated by you at the time of placing the order on the Platform. We reserve the right to cancel the order, in our sole discretion, in the event of any change to the place of delivery and you shall not be entitled to any refund for the same. Delivery in the event of change of the delivery location shall be at our sole discretion.
- You shall undertake to provide adequate directions, information and authorizations to accept delivery. In the event of any failure to accept delivery, failure to deliver within the estimated time due to your failure to provide appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you and you shall not be entitled to any refund for the same. Our decision in relation to this shall be final and binding.
- You understand that our liability ends once your order has been delivered to you.
- Services provided:
- You confirm that we shall not be responsible for any deficiency in payment of consideration payable towards the goods purchased from the Services.
- Each purchase on the Service shall contain necessary instructions to redeem the Services. The terms of the Services shall be governed by these Terms of Use and any other terms as set out in such document confirm such sale of Service. You shall not be entitled to receive any credit, refund or cash back for the value of the goods sold if you fail to redeem the goods within the expiry date or in accordance with the terms therein.
- You agree and acknowledge that neither us nor the Vendors/distributors shall be liable in the event of you failing to adhere to the Terms of Use.
- We do not offer any refunds against goods already purchased from the Platform unless an error that is directly attributable to us has occurred during the purchase of such product or services.
- We constantly strive to provide you with accurate information on the Platform. However, in the event of an error, we may, in our sole discretion, contact you with further instructions.
- If you use the Platform, you do the same at your own risk.
- You agree that the Services shall be provided by us only during the working hours of the relevant Vendors/distributors.
- We do not endorse any Vendors/distributors.By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.
- We are either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Platform, and in the material published on it.
- We cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
- You acknowledge that when you access a link that leaves the Platform, the site you will enter into is not controlled by us and different terms of use and privacy policy may apply. By assessing links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links to and / or from third-party sites to the Platform, although we are under no obligation to do so.
- Severability
If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.
- IP Notice and Take Down Policy
- Paanivaale.com has put in place IP Notice and Take Down Policy (“Take Down Policy”) so that intellectual property owners could easily report listings that infringe their right to ensure that infringing products are removed from the site, as they erode Buyer and good Seller trust.
- Only the intellectual property rights owner can report potentially infringing products or listings through Take Down Policy by way of Notice of infringement in the specified format. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights owner and encouraging them to contact us.
(Note: Paanivaale.com does not and cannot verify that Vendors/distributorss have the right or ability to sell or distribute their listed products. However, Paanivaale.com is committed ensure that item listings do not infringe upon intellectual property rights of third parties once an authorized representative of the rights owner properly reports them to Paanivaale.com.)
Notice and Take Down Policy Template and Procedures
Mach15edge solutions Private Limited (“Paanivaale.com”) respects third-party intellectual property rights, statutorily registered or common law rights, and has adopted the following policy towards intellectual property rights protection on its website www.paanivaale.com.com (the “Website”) and the ‘Paanivaale.com’ application for mobile and handheld devices (the “App”). The Website and the App are jointly referred to as the “Platform”.
Reporting Instances of Intellectual Property Violations:
To file a notice of infringement with Paanivaale.com, you must provide a written communication (by email or regular mail) that sets out the information specified in the list below. Please note that you will be liable for damages (including costs and lawyer’s fees) if you materially misrepresent that material is infringing your intellectual property right(s). Accordingly, if you are not sure if you are the proprietor of the intellectual property right(s), we suggest that you first contact a lawyer.
To expedite our ability to process your request, please use the following format:
- Identify with sufficient detail the protected work that you believe has been infringed. This includes identification of the web page or specific posts, as opposed to entire sites. Posts must be referenced by either the dates in which they appear or by the permalink of the post. Include the URL to the concerned material infringing your intellectual property right(s) [URL of a website or URL to a post, with title, date, name of the emitter], or link to initial post with sufficient data to find it;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Paanivaale.com to locate the material;
- Information reasonably sufficient to permit Paanivaale.com to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
- The following mandatory statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property right(s) owner, its agent, or the law”;
- The following mandatory statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the intellectual property right(s) owner or authorized to act on behalf of the owner of an exclusive intellectual property right(s) that is allegedly infringed”; and
- Sign the document with either your physical or electronic signature; and
- Send the written communication to: Email to info@paanivaale.com