Last Updated: January 15, 2023
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "customer") and AquaRetro Ltd ("AquaRetro," "we," "us," or "our") governing your use of our water delivery services, website, and related content, features, and services (collectively, the "Services").
By accessing or using our Services, creating an account, or completing a subscription, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services.
Please read these Terms carefully before using our Services. By using our Services, you also represent that you are at least 18 years of age or the legal age of majority in your jurisdiction.
AquaRetro provides premium water delivery services throughout the United Kingdom, offering various subscription plans for home and business customers.
Our Services include:
Our Services are available in select areas throughout the United Kingdom. Service availability depends on your location. We reserve the right to refuse service to any location outside our delivery zones or where delivery is not feasible.
We reserve the right to modify, suspend, or discontinue any part of our Services at any time without notice or liability. We may also impose limits on certain features or restrict access to parts or all of the Services without notice or liability.
To use certain features of our Services, you may need to create an account. When you create an account, you must provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device.
You agree to accept responsibility for all activities that occur under your account or password. You must notify us immediately of any unauthorized use of your account or any other breach of security.
We reserve the right to terminate your account, deny service, or cancel orders at our sole discretion, including, without limitation, if we believe that your conduct violates applicable law or these Terms, or is harmful to our interests or the interests of another user, a third party, or our business partners.
We offer various subscription plans for our water delivery service. The details, including pricing, frequency, and quantity, are specified during the subscription process and in your account settings.
By subscribing to our service, you authorize us to charge your payment method for the subscription fees on a recurring basis according to your selected plan (monthly, bi-monthly, etc.). All fees are exclusive of applicable taxes unless otherwise stated, and you are responsible for any applicable taxes.
We may change the fees for our Services at any time. If we change the fees for your subscription, we will provide notice through your account, email, or other reasonable means at least 30 days before the change takes effect.
You may cancel your subscription at any time through your account settings or by contacting our customer service. Cancellations must be made at least 3 business days before your next scheduled delivery to avoid charges for that delivery.
Refund eligibility is determined on a case-by-case basis according to our refund policy and applicable law. We do not provide refunds for partial subscription periods unless required by law.
We will deliver your water according to the subscription schedule you select. Delivery days may vary based on your location and our delivery routes. You will receive a delivery window, but we cannot guarantee specific delivery times.
You are responsible for ensuring that we have safe and reasonable access to the delivery location. If we cannot safely deliver your order due to limited access, unsafe conditions, or any other reason outside our control, we may reschedule the delivery or charge a redelivery fee.
Unless otherwise specified, we will leave your delivery at the designated location without requiring a signature. You are responsible for the security of delivered items once they have been placed at the agreed delivery location.
We will make reasonable efforts to deliver on schedule, but we are not liable for delays due to factors outside our control, including but not limited to adverse weather conditions, traffic, access issues, or force majeure events. If a delivery is missed or delayed, please contact our customer service.
Any water dispensers, coolers, stands, or other equipment ("Equipment") and water containers or bottles ("Containers") provided by AquaRetro remain our property unless explicitly sold to you. They are provided for your use while you maintain an active subscription.
You agree to use the Equipment and Containers with reasonable care and in accordance with any instructions provided. You are responsible for maintaining the cleanliness of the Equipment according to our guidelines.
You will be charged for any damage to or loss of Equipment or Containers that is not the result of normal wear and tear. The charge will be based on the replacement cost of the item.
Upon termination of your subscription, you must return all Equipment and Containers in good condition, normal wear and tear excepted. We will coordinate the collection of these items, and you agree to make them available for pickup.
Our Services, including all content, features, and functionality, are owned by AquaRetro, our licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for your personal, non-commercial use. This license does not include the right to:
AquaRetro, our logo, and all related names, logos, product and service names, designs, and slogans are trademarks of AquaRetro or our affiliates. You may not use these marks without our prior written permission.
You agree not to engage in any of the following prohibited activities:
If you submit reviews, comments, feedback, or other content to our website or social media platforms ("User Content"), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media.
You represent and warrant that:
We have the right (but not the obligation) to monitor, edit, or remove any User Content. We take no responsibility and assume no liability for any User Content that you or any other user or third party submits.
YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY LAW, AQUARETRO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
AQUARETRO DOES NOT WARRANT THAT:
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AQUARETRO OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AQUARETRO, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU TO AQUARETRO DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
THE LIMITATIONS OF LIABILITY IN THIS SECTION DO NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR DEATH OR BODILY INJURY CAUSED BY PRODUCTS YOU PURCHASE FROM US.
You agree to indemnify, defend, and hold harmless AquaRetro, its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, 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, your violation of any law or the rights of a third party, or your use of our Services.
These Terms shall remain in full force and effect while you use our Services or maintain an account with us.
You may terminate these Terms at any time by canceling your subscription and ceasing all use of our Services. Termination does not relieve you of the obligation to pay any outstanding fees or return any Equipment or Containers.
We may terminate or suspend your account and these Terms immediately, without prior notice or liability, for any reason, including without limitation if you breach any of the provisions of these Terms. Upon termination, your right to use our Services will cease immediately.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use our Services.
These Terms and any separate agreements shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to conflict of law principles.
Any disputes arising out of or relating to these Terms or our Services shall be resolved through the following process:
Before filing a claim, you agree to try to resolve the dispute informally by contacting us at [email protected]. We'll try to resolve the dispute by contacting you via email. If the dispute is not resolved within 30 days of submission, either party may proceed with formal resolution.
Any dispute, controversy, or claim arising out of or relating to these Terms that cannot be resolved informally shall be settled by arbitration in accordance with the rules of the London Court of International Arbitration. The seat of arbitration shall be London, United Kingdom. The language of the arbitration shall be English.
Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to seek injunctive relief in any court of competent jurisdiction, or to file a complaint with an appropriate regulatory authority.
These Terms constitute the entire agreement between you and AquaRetro regarding our Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.
No waiver by AquaRetro of any term or condition in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of AquaRetro to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
You may not assign any of your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
Nothing in these Terms is intended to or will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and AquaRetro.
Questions about the Terms should be sent to us at:
AquaRetro Ltd
123 Water Street
London, EC1A 1BB
United Kingdom
Email: [email protected]
Phone: +44 20 7123 4567
