TERMS AND CONDITIONS OF USE

Effective Date October 1st, 2022

1. CONDITIONS OF USE/AGREEMENT TO BE BOUND

This website is operated by NUHAUS LTD T/A MyWater (“MyWater”). Throughout the site, the terms “we”, “us” and “our” refer to MyWater. 


Please read these Terms and Conditions (“T & C” or “Terms”) carefully. This T & C together with the privacy policy govern our relationship with you in relation to our website at www.mywater.ie (“our site” or “website”), our offices and market places where items and information relating to MyWater can be viewed, accessed and purchased.


We may change these T & Cs at any time by updating this page or any other platform or space through which the terms can be accessed and as such you should check them frequently, to ensure you are happy with any changes. Using or accessing our site, purchasing our products, or any of our services whatsoever, indicates your acceptance of these T & Cs including those additional terms and conditions and policies referenced herein and/or available by hyperlink,without any modifications whatsoever. If you do not accept these terms and conditions, please do not continue to use our site. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.


If the user is an entity, then, any reference to “user” or “you” represents the entity’s representatives, affiliates, agents, contractors, employees and stakeholders, generally.


Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitute acceptance of those changes.

2. ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country or that you are the age of majority in your country and you have given us your consent to allow any of your minor dependents to use this site.


You must not use our products for any illegal or unauthorized purpose and neither shall you in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).


You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in immediate termination of your Services.

3. GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.


You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.


You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.


The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

4.  LICENSE BY MYWATER

MyWater hereby grants you a personal, revocable, non-exclusive, and non-transferable license to use the Website solely for your personal use, which does not include activities related to any commercial, entrepreneurial or professional activity, provided that you comply with this T & C.


Notwithstanding the foregoing, you may not modify, translate, remove, publish or alter any proprietary notices or labels, license, transfer, sell, exploit, lease or grant a security interest in, or otherwise use the Website in any manner not expressly permitted in this T & C.

5. ELIGIBILITY

Save for situations and meeting the applicable conditions precedent stated in our Privacy Notice, in order to use our website or purchase our products, you must be at least 18 years old. Parents and institutions of minors, who have complied with the conditions precedent, have by their consent, agreed to be responsible for the children’s use of the website and products.

6.  REPRESENTATIONS

By accessing or using our Website in any form, you represent that you are at least eighteen (18) years old. Minors should consult with Parent or guardian who will undertake the conditions precedent and thereafter, accept this T & C on their behalf.


When you visit our site or market place, we would likely ask you for information about yourself, like name and email address.

7. ACCURACY, COMPLETENESS AND TIMELINES OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary and more accurate sources of information. Any reliance on the material on this site is at your own risk.

8. MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.


We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

9. PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.


We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.


We reserve the right but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void in countries where prohibited.


We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.

10. ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.


You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.


For more detail, please review our Returns Policy.

11. OPTIONAL TOOLS

We may provide you with access to third-party tools over which we have no controls or input.


You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.


Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).


We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service..

12. THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third-parties.


Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.


We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

13. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; (3) to respond to any comments.


We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.


You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

14. PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. You can check our Privacy Notice to view the content.

15. RIGHTS GRANTED BY YOU

By using the website and providing your information, data, passwords, usernames, personal identification numbers, phone numbers, email address, ideas, suggestions:

  • you hereby grant MYWATER the license and right to utilize the same for and on your behalf in order to provide the services
  • you warrant and represent that you are duly authorized to submit or represent the third party on behalf of whom you are providing any informatio
  • you agree that any material, suggestion, feedback and information can be utilized without any obligation or restriction on MYWATER in terms of payment of fee or any other limitation for marketing, promoting, advertising or other purposes
  • you authorize the Company to access your accounts maintained by identified third parties
  • you authorize us to access, review, screen and delete any content which we think violates this T & C.

16. EFFECT OF BREACH

If at any time you breach this T & C, your right to use our site will be immediately terminated. We also reserve the right to take legal action against you to recover any loss, damage, liabilities, costs or expenses that we suffer or incur as a result of your breach of this T & C and to enforce any right or remedy that we have at law.

17. PRICE DECLARATION AND PAYMENT

If at any time you breach this T & C, your right to use our site will be immediately terminated. We also reserve the right to take legal action against you to recover any loss, damage, liabilities, costs or expenses that we suffer or incur as a result of your breach of this T & C and to enforce any right or remedy that we have at law.

a. The prices of the products are described on the website and are incorporated into these terms by reference. All prices are in Euro or any other currency as MyWater may deem fit.


b. All prices are exclusive of any tax that may be required to be remitted to the tax authorities


c. MyWater would ensure to use its best efforts to ensure the accuracy of the prices and price related information stated on the website and product package. In the event of any inadvertent mistake by MyWater in quoting the price, the Company will notify you of the error of change before or at the point of processing your order. At this point, the Company affords you the opportunity to either purchase at the correct price or cancel your order.

18. DELIVERY AND CANCELLATION OF ORDER

  • MyWater disclaims any guarantee of exactness as to the finish and appearance of the products as ordered by you based on the display on the website or other platforms. Therefore, the quality of any product, service, information or any other material whatsoever purchased or obtained by you through the website may not meet your expectation.
  • There may be a need to alter your order. In such case, MyWater will intimate you and if you do not agree to the alteration, you reserve the right to receive a full refund of the money paid within 14 working days from the date of request for refund.
  • MyWater shall make the delivery on a best effort basis after acceptance of your order. Subject to events beyond the Company’s control, the products will be shipped within 14 working days of the acceptance of the order and payment.
  • MyWater will communicate the dispatch details to you and will ship the products to the mailing address provided by you while placing the order. In the event that you do not receive your items, you must notify the Company within 5 days from the supposed date of delivery.
  • MyWater reserves the right to cancel an order in case the order request is not acceptable. Upon cancellation, we shall refund the money already paid. Any such cancellation shall be at the sole discretion of the Company and you will have no right to contest same.
  • Any cancellation by you must be done before the dispatch of the purchased item.

19. RISK OF LOSS

For all items purchased through the website, risk of loss and title for such items pass to you upon our delivery to the carrier.


In the same vein, upon purchase of the products, it is expected that you guard the item carefully as we would not bear any liability whatsoever for loss. MyWater shall also not bear any liability in relation to what the stolen products or device is used for.

20. ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).


We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

21. PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

22. PROPRIETARY RIGHTS/ YOUR USE OF OUR WEBSITE AND OUR INTELLECTUAL PROPERTY RIGHTS

This T & C provides only a limited license to access and use the Website for your own personal use. Our site, products, and all the materials contained in it are protected by intellectual property rights, including trademark, designs and copyrights, and either belong to us or are licensed for us to use. You hereby acknowledge that we transfer no ownership or intellectual property rights or interest in and to the Website and products to you or anyone else whatsoever. All designs, texts, graphics, logos, trademarks, software, products, brand names or any content contained on or can be accessed through our website, unless otherwise indicated, are owned, controlled and licensed by us. Our trademarks may not be used on or in connection with third party products and services without our express prior written consent, and may not be used in any way that is confusing for customers or derogatory. Except as expressly authorized by MyWater, you must not modify, rent, lease, loan, sell, distribute or create derivative works based on the website. Nothing contained in this Terms & Conditions or on the website shall be construed as conferring any other license or right, expressly, by implication, or otherwise under any MyWater’s or third party’s intellectual property rights.

23. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.


We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.


You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.


You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.


In no case shall AQUAPHOR International OÜ, MyWater, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. We are aware that some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law..

24. INDEMNIFICATION

You agree to indemnify, defend and hold harmless MyWater and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

25. SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

26. ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.


These Terms of Service and any policies or operating rules posted by us on this site or in respect of our products and services constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).


Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

27. GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Republic of Ireland.

28. CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

29. TERMINATION

Notwithstanding any of these Site terms, we reserve the right and sole discretion, without any liability to terminate your subscription and prevent your access to the use of this Site.

30. CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at order@mywater.ie.

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