Terms of Service for AquaPlantastic

Last Updated: July 24, 2025

Welcome to AquaPlantastic! These Terms of Service ("Terms") govern your access to and use of the AquaPlantastic website, located at www.aquaplantastic.com (the "Website"), and all services, products, and content provided by AquaPlantastic (collectively, the "Services"). By accessing or using our Website and Services, you signify that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy and Cookies Policy. If you do not agree to these Terms, please do not use our Website or Services.

1. Acceptance of Terms

These Terms constitute a legally binding agreement between you and AquaPlantastic. You acknowledge that you are at least 18 years of age and have the legal capacity to enter into this agreement. If you are accessing or using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. Your continued use of the Website and Services after any modifications to these Terms will constitute your acceptance of the revised Terms. We reserve the right to modify these Terms at any time without prior notice. It is your responsibility to review these Terms periodically for any updates.

2. Description of Services

AquaPlantastic provides innovative, eco-conscious irrigation solutions for residential, commercial, and agricultural properties across India. Our Services include, but are not limited to:

• Consultation and Site Survey: Professional assessment of your property's irrigation needs, including soil analysis, water pressure evaluation, and landscape design considerations.
• Custom System Design: Tailored irrigation plans incorporating drip systems, sprinkler systems, smart timers, rain sensors, and other advanced technologies.
• Installation Services: Expert installation of irrigation systems by certified technicians, ensuring proper functionality and minimal disruption to your landscape.
• Maintenance and Repair: Ongoing maintenance plans, seasonal check-ups, system calibration, and prompt repair services for all types of irrigation systems.
• Water Conservation Solutions: Implementation of rainwater harvesting, greywater recycling, mulching, and water-retention soil blends to maximize water efficiency.
• Product Sales: Sale of irrigation components, smart controllers, sensors, and related accessories.
• Educational Resources: Access to our blog and other resources providing tips on plant care, irrigation techniques, and water conservation.

All Services are subject to availability and may vary based on your location and specific project requirements. While we strive to provide accurate information regarding our Services on the Website, any descriptions are for illustrative purposes only and do not constitute a guarantee of specific results.

3. User Obligations

As a user of AquaPlantastic's Website and Services, you agree to:

• Provide accurate, current, and complete information when requested, especially during inquiries or service requests.
• Maintain the confidentiality of any account credentials you may create (though currently, no user accounts are supported for general website browsing).
• Use the Website and Services only for lawful purposes and in compliance with all applicable local, state, national, and international laws and regulations.
• Not engage in any activity that could harm, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website.
• Not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any AquaPlantastic server, by hacking, password "mining," or any other illegitimate means.
• Not upload, post, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
• Not upload any images or files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
• Respect the intellectual property rights of AquaPlantastic and third parties.
• Cooperate fully with AquaPlantastic in the provision of Services, including providing necessary access to your property for site surveys and installations.

Failure to adhere to these obligations may result in the suspension or termination of your access to our Services and may lead to legal action.

4. Quotations, Pricing, and Payment Terms

All pricing information provided on the AquaPlantastic Website, including the indicative price list on the Services page, is for general informational purposes only and serves as an estimate.

• Quotations: A final, binding quotation for any Service will only be provided after a comprehensive site survey, detailed discussion of your specific requirements, and mutual agreement on the scope of work. Quotations are valid for a specified period, as indicated in the quote.
• Pricing: Prices for Services are subject to change without prior notice. Factors influencing final pricing include, but are not limited to, the size and complexity of the project, material costs, labor, site-specific conditions, and any additional services requested.
• Payment: Payment terms will be clearly outlined in your personalized service agreement or quotation. Typically, a percentage of the total project cost may be required as an advance payment before work commences, with subsequent payments due upon completion of various project milestones or upon final completion.
• Invoicing: Invoices will be issued for all Services rendered. Payment is due by the date specified on the invoice.
• Late Payments: AquaPlantastic reserves the right to charge interest on overdue payments at a rate specified in the service agreement or as permitted by applicable law. Services may be suspended or terminated for non-payment.
• Taxes: All prices mentioned are exclusive of applicable taxes (GST, etc.), which will be added to the final invoice as per Indian tax laws.

5. Cancellation and Refund Policy

Our cancellation and refund policy is designed to be fair to both parties.

• Cancellation by Client:
  • If you cancel a confirmed service request or project before work commences (e.g., after signing a quote but before installation begins), a cancellation fee may apply to cover administrative costs, planning, and any materials already procured. The specific cancellation fee will be outlined in your service agreement.
  • If a project is canceled after work has commenced, you will be liable for the cost of all work performed up to the point of cancellation, including materials used, labor, and any non-recoverable expenses.
• Cancellation by AquaPlantastic:
  • AquaPlantastic reserves the right to cancel or postpone Services due to unforeseen circumstances, including but not limited to adverse weather conditions, unavailability of materials, or other operational reasons. In such cases, we will endeavor to reschedule the Service at your earliest convenience.
  • If AquaPlantastic cancels a service without rescheduling, any advance payments made for the unrendered portion of the Service will be refunded in full.
• Refunds:
  • Refunds will be processed in accordance with the terms outlined in your service agreement and applicable law.
  • Refunds will typically be issued within 15-30 business days of the approved cancellation or refund request.
  • No refunds will be issued for Services that have been fully rendered and accepted by the client, or for issues arising from client's misuse, neglect, or unauthorized modification of the installed system.

6. Intellectual Property Rights

All content, features, and functionality on the Website, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, and software, as well as the design, selection, and arrangement thereof, are the exclusive property of AquaPlantastic, its licensors, or other providers of such material and are protected by Indian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

• You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website and Services for your personal and non-commercial use only, strictly in accordance with these Terms.
• You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as generally permitted by the Website's functionality.
• The AquaPlantastic name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of AquaPlantastic or its affiliates or licensors. You must not use such marks without the prior written permission of AquaPlantastic.
• Any designs, plans, or technical specifications provided to you as part of our Services remain the intellectual property of AquaPlantastic unless otherwise explicitly agreed upon in writing.

7. Disclaimers and No Warranties

Your use of the Website and Services is at your sole risk. The Website and Services are provided on an "AS IS" and "AS AVAILABLE" basis. AquaPlantastic 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.

• AquaPlantastic makes no warranty that (i) the Services will meet your requirements; (ii) the Services will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Services will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations; and (v) any errors in the software will be corrected.
• Any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
• No advice or information, whether oral or written, obtained by you from AquaPlantastic or through or from the Services shall create any warranty not expressly stated in these Terms.
• While we guarantee a potential for "50% less water use" with our systems, this is an estimation based on optimal conditions and comparison to traditional watering methods. Actual savings may vary significantly due to factors outside our control, including but not limited to existing landscape conditions, plant types, local climate, soil composition, user behavior, and adherence to maintenance schedules. This is not a direct financial guarantee.

8. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall AquaPlantastic, its affiliates, directors, employees, agents, suppliers, or licensors 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 (i) your access to or use of or inability to access or use the Website or Services; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

In no event shall AquaPlantastic's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing the Website or using the Services in the twelve (12) months preceding the claim, or INR 5,000, whichever is lower.

9. Indemnification

You agree to indemnify, defend, and hold harmless AquaPlantastic, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website or Services using your Internet account. This includes, but is not limited to, any claims arising from:

• Your use of and access to the Website and Services.
• Your violation of any term of these Terms.
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right.
• Any claim that your content caused damage to a third party.

10. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be subject to the exclusive jurisdiction of the courts located in Pune, Maharashtra, India. By using our Website and Services, you irrevocably consent to the jurisdiction of such courts.

11. Dispute Resolution

In the event of any dispute arising out of or in connection with these Terms, or your use of the Website or Services, the parties agree to first attempt to resolve the dispute informally through good faith negotiations.

• If the dispute cannot be resolved through informal negotiations within thirty (30) days, either party may elect to initiate mediation. The mediation shall be conducted in Pune, Maharashtra, India, by a mutually agreed-upon mediator.
• If mediation fails to resolve the dispute within sixty (60) days, the dispute shall be referred to and finally resolved by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (as amended from time to time) of India. The arbitration shall be conducted by a sole arbitrator appointed by mutual agreement of the parties. The seat and venue of the arbitration shall be Pune, Maharashtra, India. The language of the arbitration shall be English.
• The award rendered by the arbitrator shall be final and binding on both parties, and judgment on the award may be entered in any court having jurisdiction thereof.
• Notwithstanding the foregoing, AquaPlantastic reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

12. Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to 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. We will indicate the "Last Updated" date at the top of these Terms.

By continuing to access or use our Website and Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Website and the Services.

13. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect. The invalid or unenforceable provision will be replaced by a valid and enforceable provision that most closely matches the intent of the original provision.

14. Entire Agreement

These Terms, together with our Privacy Policy and Cookies Policy, constitute the entire agreement between you and AquaPlantastic regarding your use of the Website and Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

15. Waiver

No waiver by AquaPlantastic of any term or condition set forth 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 AquaPlantastic to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

16. Contact Information

If you have any questions about these Terms of Service, please contact us:

• By Email: info@aquaplantastic.com
• By Phone/WhatsApp: +91-88888-12345
• By Mail: AquaPlantastic Headquarters, 123 Green Avenue, Koregaon Park, Pune, Maharashtra 411001, India

Thank you for choosing AquaPlantastic. We look forward to serving you.