- Waterwa terms & conditions
Waterwa terms & conditions
The terms and conditions apply to Waterwa.com website and its associated applications on iPhone, iPad, and mobile site platforms
1. What is Waterwa
Waterwa allows users to communicate orders to delivery stores displayed on the website or associated applications.
The purpose is to provide a simple service to users linking them to stores that deliver to their area. We created a website / application to serve as an online market for Beverages.
Waterwa doesn’t sell or interfere in anyway with the production of products. What Waterwa provides is a way for users to search for and find stores that deliver to their addresses and enable users to order easily. The stores are obligated to comply with country local laws, rules, regulations, and standards pertaining to item / food preparation, sale, marketing and safety, etc.… However, it is important for users to understand that Waterwa.com does not in any way independently verify the credentials, representations or products of stores, the ingredients or the quality of any products, or that a store is in compliance with applicable laws. Buyers must make themselves comfortable through information provided by store on the website or as requested by buyers directly from the store as to the quality and reliability of the store, as well as to their compliance with applicable laws.
In addition, a store may represent that product preparation is in accordance with special standards such as "organic," "macrobiotic" or allergen-specific standards such as "nut-free", "gluten-free", or "lactose-free". However, Waterwa does not independently investigate or verify such representations.
Waterwa shall not be liable or responsible for any products or services offered by stores that is unhealthy, is the cause of injury, that is otherwise unacceptable to buyers or that does not meet the expectation of buyers in any manner.
Buyers are solely responsible for verifying the accuracy of delivery addresses, and Waterwa shall have no liability or responsibility for any such erroneous addresses. All product, food, drinks, etc. preparation and deliveries are the sole responsibility of the stores accepting the order. Please be aware that the store will do everything they can to meet the delivery time specified, however delivery times may be affected by factors beyond their control and therefore cannot be guaranteed. We will inform you if we become aware of an unexpected delay.
Please note that Waterwa operates as a messenger service only, Waterwa doesn’t own or have rights to any store or products that are on the application, Waterwa just receives orders from users and sends it to the store to handle everything.
2. Payment methods
Customers can choose two different methods provided on the platforms which are Cash on Delivery and by credit cards. If customer choose online payment method, the payment will be processed by an external online payment provider cooperating with Waterwa. Card data will be stores for future orders by the external online payment providers, on the condition that the customer has given consent to the storage and future usage. Customer is obliged to ensure sufficient cover of the respective account or when using credit card, to use the credit card only within the card transaction limit. Customer has to refrain from causing unauthorized debit charge backs.
Once your order has been accepted, this represents an agreement between the user and the store. The store has sole responsibility for this order. Cash payments are made directly to the store upon delivery to fulfill the order. If you have chosen to pay with credit or debit card, then the transaction is processed by Waterwa as agent of the store. Delivery charges are calculated per order and based on the policy of the individual store.
Debit / Credit Cards:
The customer might be charged more on cash upon delivery if the user added items, quaintly, etc... in “Special Instructions “ such as “ I want two burgers not 1“ then the business will have rights to charge extra because the customer choose 1 piece but requested 2 in special instructions.
The customer will be charged on cash upon delivery if the user added a custom order / special request to the store, the customer will pay the delivery fee + any products added to cart + the customized product which will be decided by the store.
You may cancel the order if the delivery time exceeded the store delivery promise time; your paid amount will be refunded back to your account.
The customer order cancellation is limited to a maximum time of 20 minutes from the time of placing the order.
The customer refund procedure might take 10-30 working days to process on the Debit /Credit Cards bank payment gateway. The customer has to follow on with the bank in case of any delay in crediting back the customer’s account with the amount previously paid by the customer. We will send an email to the customer that contains a printout of the refund advice printed from Debit / Credit Cards bank payment gateway as reference in case the customer wants to revise the bank with.
Customers using the Debit / Credit Cards facility are requested to be available on their respective contact numbers.
The customer would be reimbursed by the store in case the store faced the inconvenience of a missing item (Reimbursement applicable only for the missing item and is subject to the store own reimbursement policy).
Credit or Debit cards used in placing orders through the online payment gateway on Waterwa.com website or applications must belong to the user. Otherwise, the user must attain the legal permission from the card owner to perform the transaction.
The customer is entirely liable for placing an order using the Debit / Credit Cards facility after carefully reading all the terms & conditions.
4. How to order on Waterwa
Once you have selected your order from the menu of your chosen Delivery store you will be given the opportunity to submit your order by clicking on “Place Order” button. Please note it is important that you check the information that you enter and correct any errors before clicking on the “Place Order” button since once you click on this input errors cannot be corrected. Waterwa will begin processing your order by sending your order to store to handle it.
5. Order cancellation
You have the right to cancel an order up to 20 minutes from placing the order on our website / application.
While every effort is made to ensure that accurate pricing and descriptions are maintained, we reserve the right to cancel any order that is based on inaccurate information.
An order may be subsequently cancelled by a store after you have received a confirmation that it has been sent to the store. Waterwa and our partner store reserve the right to cancel any order, before or after acceptance, and will notify you immediately of any such cancellation
6. Membership on Waterwa
Any member of Waterwa has a “user name” and “password” which are determined by the member herself/himself. The "user name" is personal to the member and the same “user name” is not given to two different members. The “password” is only known by the user. It is solely under the responsibility of the user to select and protect the password. Waterwa is not liable for any problems, which may arise from the use of password. Waterwa informs the user about the promotions, which take place in the user’s area and from which the user may benefit by emails, notification or SMS. Waterwa does not share the user information with the third-party companies the phone number may be shared with the store to provide a faster and correct delivery. For the user to connect to the services, which require a membership of Waterwa, the user must enter the user name and password. This process is called “login” to Waterwa.
By using this site, you warrant that any personal information provided by you is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to your personal information by updating your member profile on the site or by contacting us, you agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use. You are not allowed to register multiple memberships for use by the same person. Violation of this clause may result in termination of your membership.
Members' passwords should be kept confidential at all times and must not be shared or disclosed to anyone. You are responsible for all activities and orders that occur or are submitted through your membership. If you know or suspect that someone has knowledge of your password, then you should contact us immediately.
You may not use the site for any unlawful or unauthorized purpose, including without limitation to:
distributing any unlawful, libelous, abusive, threatening, harmful, obscene or otherwise objectionable material transmitting material that constitutes a criminal offense, results in civil liability or otherwise breaches any laws, regulations or codes of practice.
Interfering with any other persons use or enjoyment of the site. Damaging, disabling or impairing the operation of this site or attempting to gain unauthorized access to this site or to networks connected to it, through hacking, spoofing or other such similar means.
7. Responsibilities of the Member
During the use of the services of Waterwa, the member accepts and undertakes:
The information in the registration form is correct; in the conditions that this information is required the member is the only responsible for any losses which may arise from any misinformation or inadequate information; and in these cases his/her membership may be terminated.
The member is the sole responsible for all personal ideas, opinions, statements set forth by the member while using the services of Waterwa, all the files uploaded to Waterwa and the personal information sent, and that in no way Waterwa shall be held liable for these files, not to access any services provided in Waterwa unauthorized and in any way other that the one identified by Waterwa; not to change the software in any way; not to use the software which is identified as being changed; and to indemnify Waterwa for all material and moral losses in the event the member does not comply with the aforementioned articles, Waterwa shall not be responsible for any damages which may arise from reading of data belonging to any members by any unauthorized people, not to send any messages which are threatening, immoral, racially and contrary to the Laws of the country and international agreements, any correspondences, titles, nicknames posted to the context shall not be contrary to the rules of public morality, good manners and laws, not to harass and/or threaten other users, or any of Waterwa Emails, not to act in a way affecting the use of services by other users, not to post, print, distribute, circulate any amoral, inappropriate and unlawful materials and information which may give harm to the names of any people or institutions, not to advertise, sell or offer to sell any products or services, engage in any activities such as survey, competition or chain letter, not to send any information or programs which may give harm to the information or software in the computers of other users,
All of the records or materials obtained by using the services of Waterwa are within the consent of the user; the user shall be absolutely responsible for any damages, loss of information or other losses caused by them in the user’s computer; the user shall not demand any compensation for any losses arising from the use of the service, not to use the services of Waterwa for any commercial and advertising purposes without obtaining the consent of Waterwa
Waterwa may monitor all system at any time or continuously
Waterwa may use its system for commercial purposes, not to mail any information which is forbidden legally and circulate any mails which do not have authorization to be sent such as chain mail, malicious software, etc., not to record and misuse any personal information belonging to others, The member himself/herself is responsible for all kinds of acts made under the “username”, The clients must pay the service fee which is notified previously at the time of delivery of products; otherwise the products shall not be delivered to the clients. not to access the site or services using a third-party's account/registration without the express consent of the account holder; not to use the site for illegal purposes; not to commit any acts of infringement on the site or with respect to content on the site; not to use the site to engage in commercial activities apart from sanctioned use of Waterwa services; not to copy any content, including, but not limited to store menu content, for republication in print or online; not to create store reviews or blog entries for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the site; not to attempt to gain unauthorized access to other computer systems from or through the site; not to interfere with another person's use and enjoyment of the site or another entity's use and enjoyment of the site; not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or
not to disrupt, interfere with, or otherwise harm or violate the security of the site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the site or affiliated or linked sites (including those of our store partners).
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the website. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the website.
Credit or Debit cards used in placing orders through the online payment gateway on Waterwa website or applications must belong to the user. Otherwise, the user must attain the legal permission from the card owner to perform the transaction.
8. Visitor Material and conduct
You are prohibited from posting, uploading or transmitting to or from this website any material that:
Breaches any applicable local, national or international law;
Is unlawful or fraudulent
Amounts to unauthorized advertising; or
Contains viruses or any other harmful programs.
You may not misuse the website (including by hacking).
Any comments or feedback that you submit through the website must not:
contain any defamatory, obscene or offensive material;
promote violence or discrimination;
infringe the intellectual property rights of another person;
breach any legal duty owed to a third party (such as a duty of confidence);
promote illegal activity or invade another’s privacy;
give the impression that they originate from us; or
be used to impersonate another person or to misrepresent your affiliation with another person.
The prohibited acts listed in the above paragraphs are non-exhaustive. You will pay Waterwa for all costs and damages which it incurs as a result of you breaching any of these restrictions.
Waterwa will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting any material in breach of the above paragraph.
9. Prohibited Activities
You may not access or use the website for any other purpose other than that for which Waterwa makes it available. The website is for the personal use of users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Waterwa. In case of any prohibited activities committed by the user, the company has the right to suspend, block or terminate the user's membership and prevent his access to log in the service. Prohibited activities include but not limited to the following:
criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;
advertising to, or solicitation of, any user to buy or sell any products or services, unless authorized by Waterwa;
systematic retrieval of data or other content from the website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Waterwa;
making any unauthorized use of the Waterwa services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email;
engaging in unauthorized framing of or linking to the website;
transmitting chain letters or junk email to other users;
using any information obtained from the website in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
engaging in any automated use of the system, such as using scripts to add friends or send comments or messages, or using any data mining, robots or similar data gathering and extraction tools;
interfering with, disrupting, or creating an undue burden on the website or the networks or services connected to the website;
attempting to impersonate another user or person;
using the username of another user;
selling or otherwise transferring your profile;
using any information obtained from the website in order to harass, abuse, or harm another person;
using the Waterwa service as part of any effort to compete with Waterwa or to provide services as a service office;
deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the website;
attempting to bypass any measures of the website designed to prevent or restrict access to the website, or any portion of the website;
Harassing, annoying, intimidating or threatening Waterwa through any medium of communication or to any of its employees or agents engaged in providing any part of Waterwa Company services to you.
displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the website on behalf of that person, such as posting blogs or bulletins with a commercial purpose;
deleting the copyright or other proprietary rights notice from any Contribution or Waterwa Content; and
using the website in a manner inconsistent with any and all applicable laws and regulations.
Any other suspected malicious activities on Waterwa website or applications
10. Authority of Waterwa
Waterwa may temporary suspend or completely cease the system operation at any time.
Waterwa shall not have any responsibilities against the members of Waterwa or any third parties due to the temporarily suspension or completely cessation of the system operation.
The user name and password shall be displayed and approved after the filling of the application parts to be submitted to the clients by Waterwa. Waterwa may prevent its clients who have filled in all parts or have connected although they have passwords from having a new password or from using their passwords for an indefinite period of time if it is deemed necessary by Waterwa.
Waterwa does not warrant that its services shall be provided on time in a secure and complete way, the results obtained from the services shall be correct and reliable, and that the service quality shall meet the expectations.
Waterwa has the right to back-up and delete all or some of the files, messages which are provided by the members during the use of services for some periods deemed suitable by Waterwa. Waterwa shall not be held responsible for back-up and delete processes.
Waterwa has the ownership and copyrights arising from the ownership of the information, documents, software, designs, graphics and etc. which are produced by itself and/or bought from outside.
The sales of Waterwa are limited to the current availability of menus of the firms provided in Waterwa. Waterwa is not responsible for any item ordered and not delivered by the store due to unavailability.
Waterwa has right to post any information, documents, software, designs, graphics, etc. (such as the messages, poets, reports/news, file posted to the bulletin board) which are member generated and uploaded to the system by the members and/or to transmit them to another place within the site deemed as appropriate by Waterwa. It is probable that this information is copied and/or posted by other users. In such cases, the users shall not demand any royalty from Waterwa
The obligation to change the information in relation to the price and product specifications, which are provided to sell in Waterwa, belongs to the companies which have cyber stores in Waterwa. In the event of any misinformation relating to the price and specifications of products, Waterwa may correct this mistake by cancelling the order.
Waterwa may provide transition for a member to other websites. In this case, the member agrees that Waterwa shall not be responsible for the context of the websites, which the member may access through its site.
Waterwa may make any changes in the implementation of this agreement and amend the existing articles or add new articles for the purpose of complying with any technical necessities and legislation which shall come into being in the future.
Waterwa may change in time the services for which any membership is not required to a form, which requires membership. Waterwa may provide addition services, change some of the services partially or completely, or transform into a paid service.
This site may be unavailable at certain times to allow for maintenance and upgrades. Although we will endeavor to notify customers in advance of any service unavailability, this cannot be guaranteed, and we reserve the right to alter or withdraw the service at any time.
11. Termination of agreement
Waterwa may terminate this agreement unilaterally at any time.
12. Restrictions for Non-Personal and Non-Commercial Use
You agree that the consequences of commercial use or re-publication of content or information of Waterwa may lead to serious and incalculable monetary compensation that may not be a sufficient or appropriate remedy and that Waterwa will be entitled to temporary and permanent injunctive relief to prohibit such use.
13. Product Delivery
During any product delivery made by stores, if the client is not available in the address specified in the system, the products ordered by the client shall not deliver to anywhere else. Within the framework of such a case, the member must accept all legal responsibilities arising from ordering a meal to an address where he/she does not exist.
14. Product Return
In relation to any product returns, the terms of product return belonging to the stores are applied. Waterwa does not undertake any responsibilities for the disputes, which may arise from terms of product return belonging to the stores.
15. Refund Policy
Waterwa takes customer satisfaction very seriously. In the case of problems with your items / food / drinks order, please contact Waterwa through our contact number to assist you. In appropriate cases, if you have already been billed by Waterwa will issue full or partial refunds. In the following cases: if you did not receive your order or received an incorrect order, you may be issued a full refund; if part of your order is missing, we may issue a partial refund. In every event, we will do our best to ensure your satisfaction.
16. Validity of Waterwa records
In the disputes which may arise in relation to this agreement, the member agrees, states and warrants that any bookkeeping entry, microfilm, microfiche and computer records constitute a valid, binding, absolute and exclusive evidence; this article has the characteristics of an evidential contract, and that the member waives in advance all kinds of objections to the specified Waterwa records and the right to tender an oath in relation to the fact that these records are kept in due form.
17. Governing law & Competent
These Website Terms shall be governed by and construed in accordance with the law. Disputes arising in connection with these Website Terms (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the courts.
*You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from the site, except as specifically noted above. Except as specifically authorized by Waterwa, you may not deep-link to the site for any purpose or access the site manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the site or any information, content, or material on the site. Waterwa reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the site or any content contained therein, whether in whole or in part, without prior written consent from Waterwa. You may become a "fan" of the site or share links to the site via social networking technology reference on the site. Any rights not expressly granted herein are reserved.
20. Intellectual Property rights
The content on the website ("Waterwa") and the trademarks, service marks and logos contained therein ("Marks") are owned by or licensed to Waterwa and are subject to copyright and other intellectual property rights under state. Waterwa Content includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Waterwa graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Waterwa in UAE. Waterwa’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Waterwa. Waterwa Content on the website is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Systematic retrieval of data or other content from the website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Waterwa is prohibited.
Provided that you are eligible to use the website, you are granted a limited license to access and use the website and the Waterwa content and to download or print a copy of any portion of the Waterwa content to which you have properly gained access solely for your personal, non-commercial use. Waterwa reserves all rights not expressly granted to you in and to the website and Waterwa Content and Marks. If you download or print a copy of the Waterwa content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with the security related features of the website or features that prevent or restrict use or copying of any Waterwa content or enforce limitations on use of the website or the Waterwa content therein.
21. Contribution License
By posting contributions to any part of the website, you automatically grant, and you represent and warrant that you have the right to grant, to Waterwa an irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such contributions for any purpose, commercial, advertising, or otherwise, on or in connection with the website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such contributions, and to grant and authorize sub licenses of the foregoing.
Waterwa has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any contributions, (ii) re-categorize any contributions to place them in more appropriate locations or (iii) pre-screen or delete any contributions that are determined to be inappropriate or otherwise in violation of this Agreement.
22. Limitation of Liability
To the extent permitted by law, Waterwa provides this site and content on an "as-is" and "as available" basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of this site, or that it will be timely or error-free, that defects will be corrected, or that the site or server that makes it available are free of viruses or other harmful components. Subject to the previous paragraph, neither Waterwa nor Waterwa owners, agents, employees or contractors shall have any liability for any direct, indirect, special or consequential losses or damages (including without limitation, damages for loss of business or loss of profits), arising in contract, tort or otherwise from the use or inability to use this site. Nothing in these terms shall exclude or limits liability for death or personal injury resulting from our negligence or that of our agents or employees.
THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH THE SITE (WHETHER PROVIDED BY Waterwa, YOU, OTHER USERS OR OTHER AFFILIATES/THIRD PARTIES), INCLUDING WITHOUT LIMITATION, ITEMS/FOOD/BEVERAGE ORDERS, SUBMISSIONS, TEXT, PHOTOS, GRAPHICS, AUDIO FILES, VIDEO, AND LINKS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Waterwa DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE