Last Updated: July 10, 2023
These Terms of Service ("Terms") constitute a legally binding agreement between you and Poleznaya-Tykva Ltd ("Company," "we," "us," or "our") governing your access to and use of our website, mobile application, and water delivery services (collectively, the "Services").
By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services.
You must be at least 18 years old and capable of forming a binding contract with us to use our Services. If you are accessing or using our Services on behalf of a business entity, you represent and warrant that you have authority to bind that entity to these Terms.
Poleznaya-Tykva provides water delivery services to residential and commercial customers throughout the United Kingdom. Our Services include:
We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of our Services.
To access certain features of our Services, you may need to create an account. When creating an account, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete.
You are solely responsible for:
We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, false, or incomplete, or if you fail to comply with these Terms.
You may place orders for our products through our website, mobile application, by phone, or by email. All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order for any reason, including but not limited to product unavailability, errors in pricing or product information, or suspected fraudulent activity.
Our delivery services are available within specific postcodes in the United Kingdom. You can check whether your location is within our delivery area by entering your postcode on our website or by contacting our customer service team.
We offer delivery during specified time windows. While we strive to meet all delivery timelines, delivery times are estimates and not guaranteed. We are not responsible for delays due to traffic, weather conditions, or other circumstances beyond our reasonable control.
You are responsible for ensuring that our delivery personnel have safe and reasonable access to the delivery location. If special access instructions are required (e.g., security codes, specific delivery entrances), you must provide these when placing your order.
You or an authorized representative must be present to receive and inspect deliveries, unless you have provided explicit instructions for unattended delivery. By accepting delivery, you acknowledge that the products delivered are in satisfactory condition.
We offer subscription plans with regular delivery schedules (e.g., weekly, bi-weekly, monthly). By enrolling in a subscription plan, you authorize us to charge the payment method on file for each recurring delivery until you cancel your subscription.
You may modify your subscription (including frequency, quantity, and delivery address) through your account or by contacting our customer service team. Modifications must be submitted at least 48 hours before your next scheduled delivery to take effect for that delivery.
You may cancel your subscription at any time through your account or by contacting our customer service team. Cancellations must be submitted at least 48 hours before your next scheduled delivery to avoid charges for that delivery.
You may temporarily pause your subscription for up to 30 consecutive days. If you need to pause your subscription for a longer period, please contact our customer service team.
All prices are displayed in British Pounds (GBP) and include VAT where applicable. Prices are subject to change without notice. The price charged for a product will be the price in effect at the time your order is placed.
We accept various payment methods, including major credit and debit cards, direct debit, and certain online payment systems. By providing a payment method, you represent and warrant that you are authorized to use the designated payment method and that the payment information you provide is true and accurate.
For subscription services, you will be charged on a recurring basis according to your selected plan (e.g., weekly, bi-weekly, monthly). The first charge will occur at the time you place your initial order, and subsequent charges will occur before each scheduled delivery.
If we are unable to process payment through your designated payment method, we may suspend your service until payment is received. For accounts with outstanding balances, we reserve the right to charge late fees and/or interest at the maximum rate permitted by law.
For certain products (e.g., water dispensers, reusable bottles), we may require a refundable deposit. Deposit amounts will be clearly disclosed before purchase. Deposits will be refunded when the equipment is returned in good condition, subject to any applicable deductions for damage or loss.
Our reusable container program is an essential part of our commitment to environmental sustainability.
A deposit is charged for each reusable container provided. The deposit amount will be clearly displayed during the ordering process and on your receipt.
Empty containers must be returned to us in good condition. Our delivery personnel will collect empty containers during your next scheduled delivery. Alternatively, you may return containers to our designated collection points.
Container deposits will be credited to your account when containers are returned in good condition. For subscription customers, deposit credits will be applied to future orders. For one-time orders or account closures, deposit refunds will be processed through your original payment method.
If a container is damaged, lost, or not returned within 60 days of delivery, the deposit will be forfeited. We reserve the right to charge additional fees for severely damaged containers beyond normal wear and tear.
We are committed to providing high-quality drinking water that meets or exceeds all applicable UK regulatory standards. Our water undergoes regular testing to ensure compliance with these standards.
Our bottled water products include a "best by" date. While the water remains safe to drink after this date, optimal taste and quality are best enjoyed before the indicated date. We recommend consuming water within the recommended timeframe.
For optimal quality, we recommend storing our water products in a cool, dry place away from direct sunlight and strong odors. Once opened, water containers should be refrigerated and consumed within 7-10 days.
If you purchase or rent water dispensers or coolers from us, you are responsible for basic cleaning and maintenance as detailed in the user manual. We offer professional sanitization services for an additional fee.
If you have any concerns about the quality or safety of our products, please discontinue use and contact our customer service team immediately. If applicable, please retain the product and packaging for inspection.
You agree not to engage in any of the following prohibited activities:
All content included on our website and mobile application, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of our Company or our content suppliers and is protected by UK and international copyright, trademark, and other intellectual property 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:
If you provide us with any feedback, suggestions, or ideas regarding our Services, you grant us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use such feedback for any purpose without compensation to you.
These Terms will 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:
We may terminate or suspend your account and access to our Services immediately, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms.
Upon termination of these Terms:
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.
OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SERVICES, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED THEREIN.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT OUR SERVICES, INFORMATION, CONTENT, OR MATERIALS INCLUDED THEREIN ARE ACCURATE, RELIABLE, COMPLETE, OR ERROR-FREE.
While we provide information about hydration and water quality, this information is for general educational purposes only and should not be considered medical advice. Consult with healthcare professionals for specific health concerns or conditions.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS 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 AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED POUNDS (£100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST THREE MONTHS.
THE LIMITATIONS OF LIABILITY IN THIS SECTION SHALL APPLY TO ALL LIABILITIES UNDER ALL LEGAL THEORIES AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless our Company, our affiliates, and their respective directors, officers, employees, agents, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
These Terms and your use of our Services shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the Rules of the London Court of International Arbitration, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London, England. The language to be used in the arbitral proceedings shall be English.
Nothing in these Terms shall affect your statutory rights as a consumer or restrict your right to bring legal proceedings in the courts of England and Wales or, if you are resident in Scotland or Northern Ireland, in the courts of those jurisdictions.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. The most current version of these Terms will be posted on our website with the "Last Updated" date at the top.
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.
If you have any questions about these Terms, please contact us:
Poleznaya-Tykva Ltd
123 Water Lane
London, EC1A 1BB
United Kingdom
Email: [email protected]
Phone: +44 20 7123 4567
