Published: October 1, 2023
These are the terms and conditions of use (the “User Terms”) of WaterDelivery – part of Chanz IT Business Solutions Inc. – which apply to all Services offered via the WaterDelivery Website. We advise that you read these conditions of use carefully so that you know your rights and obligations if you use the Services.
Access to, and use of the services, the mobile application, and the website WaterDelivery, including any of its content, is conditional on your agreement to these User Terms. Should you wish to use the services, the mobile application (the “App”), and the website WaterDelivery (the “Website”), you must read, agree with, and accept all of the terms and conditions contained in these User Terms. By creating or registering an account, or by using or visiting our website and/or our mobile application, you are bound to these User Terms and you indicate your continued acceptance of these User Terms.
We thus urge you to read these User Terms carefully.
In these conditions of use, the terms below are defined as follows:
- “Content”: all text, graphics, photos, audio, music, videos, audiovisual combinations, interactive elements, computer software, scripts, games and all other materials which are published on or via the Website or the App, or which can be downloaded or uploaded by a user, regardless of whether these are editorial or commercial in nature;
- “Services”: all services that are made available via the Website or the App, including the accessing of the Website and the App, the downloading and uploading of Content, the acquisition of a license to virtual items, as well as all other services offered on the Website;
- “Third-party services”: the Services that are offered on the Website by a third party;
- “User Content”: all Content that is provided to WaterDelivery by a user of the Services or which is uploaded to the Website;
- “WaterDelivery”: Chanz IT Business Solutions Inc., with its registered office in PASIG CITY, Philippines;
- “Website”: the website of WaterDelivery.ph, accessible via WaterDelivery and App.
In order to use the Services, you must apply for your own account in the manner described on the Website. WaterDelivery can decide at its own discretion whether to provide you with an account.
You guarantee WaterDelivery that the information you provide to WaterDelivery, including your personal details such as name and email address, is complete, truthful, and accurate. You consent to WaterDelivery’s storing and using your data in connection with management of your account. See our Privacy Statement.
If you are younger than eighteen (18) years old, you must have permission from your parent or guardian to create an account. By accepting these conditions of use, you guarantee that you are eighteen (18) or older or have permission from a parent or guardian to create an account.
You may not create an account in another person’s name unless the other person has given you permission to do so.
You are personally responsible for maintaining the security of your account, which includes keeping your account password secret from others. You may not give other people access to the Services using your account. You are liable for all actions performed via your account. If and as soon as you suspect that your account or identity is being used unlawfully, you must immediately notify WaterDelivery. In that event WaterDelivery is authorized to take all measures it deems necessary to protect its Website and other users of the Services and you are required to cooperate fully with these measures.
You may terminate your account at any time by using the procedure described in the help section.
Only natural persons and legal entities (companies) may create profiles. Other profiles will be removed.
3. Use of the Services
You guarantee WaterDelivery that you are authorized to use the Services and to act in accordance with these conditions of use. You also guarantee WaterDelivery that you will comply with the obligations in these conditions of use at all times and that you will obey all laws and regulations applicable to use of the Services.
You are permitted to use the Services exclusively via your own account.
Without prejudice to the other provisions of these conditions of use, your use of the Services may not:
- be based on untruths and/or be misleading;
- infringe the rights of WaterDelivery or third parties, including copyrights, related rights, trademark rights or any other intellectual property rights or rights related to privacy protection;
- be in violation of any law, regulation, by-law or other applicable regulations;
- contain any viruses, Trojan horses, worms, bots or other software which could damage a computerized work or data, render such work or data unusable or inaccessible, delete or appropriate such work or data or be intended to get around any technical measures to protect the Website or WaterDelivery’s computer systems;
- be aimed at securing unauthorized access to the Website, computer systems and/or databases of WaterDelivery;
- be of a commercial nature, unless WaterDelivery has given written permission for this; or
- be in any other way unlawful towards WaterDelivery and/or a third party.
You are fully, independently and solely responsible for all use you make of the Services. You are liable to WaterDelivery for any use of the Services that is not in accordance with the provisions of these conditions of use and you indemnify WaterDelivery against all third-party claims in relation to such.
- Order confirmation and receipt: When you place an order with WaterDelivery, we will send you a confirmation email with your order receipt. The order receipt will include the delivery fees and any applicable taxes.
- Minimum order value: Some of our suppliers require a minimum order value or quantity before an order can be placed and delivered. You cannot order if this minimum is not met.
- Order instructions: We will make reasonable efforts to comply with your specific order instructions. However, in some cases, we may not be able to do so due to operational constraints. If we are unable to comply with your special instructions, we will proceed to prepare the order in accordance with our standard operating procedures. Neither WaterDelivery nor the supplier will be responsible for replacing or refunding an order that does not conform to your special instructions.
- Allergens and aquagenic urticaria: WaterDelivery does not provide allergen information on the platforms. We are also not responsible for any reaction that follows from aquagenic urticaria or any other existing condition.
4.1. Order Processes
Before placing an order:
- In order to view available suppliers, you need to provide your location;
- You can only select and order from one supplier at a time;
When placing an order:
- During the order placement process, you will need to confirm your location, selected products, vouchers (if applicable), and the total pricing. Once confirmed, you will proceed to the checkout to select a payment method and complete the order.
- An email confirmation will be sent to you once the order is placed.
Canceling an order:
- You have the right to cancel an order if the supplier has not yet begun processing it.
- Otherwise, all orders are considered non-cancellable.
When paid online:
- Canceled orders that have not been processed yet, will be fully refunded.
- You accept that no refund may be given once you cancel after a supplier begun processing it.
When chosen for ‘Cash on delivery’:
- You can cancel orders that have not yet been processed. However, if you cancel an order after the supplier has begin processing it, you will forfeit the delivery of your order and ‘Cash on delivery’ may be removed from your available payment options for future orders.
We may require additional information or supporting documents to process a refund. If you do not provide this information, we may refuse to process the refund.
If you have not received a refund, please check your bank account or contact your credit card company. If you still have not received your refund, please contact customer support. You understand that any claim for refund may be subject to internal policies of third parties, and thus outside of WaterDelivery’s control.
WaterDelivery reserves the right to cancel any order or suspend, deactivate, or terminate your account if it suspects fraudulent behavior.
5. Prices and payments
- Prices on WaterDelivery are displayed in the local currency and subject to applicable tax. Prices may vary from those offered by suppliers on their own websites or brick-and-mortar outlets.
- Prices may include or exclude VAT, and a breakdown of prices and additional charges is displayed before checkout. You agree to all amounts and charges when you place an order.
- Delivery fees are charged on every order unless you pick up your order, have a promotional or discount voucher, or otherwise stated;
- Prices are subject to change at any time;
- You can pay for orders with GCash, Maya, COD, or other payment methods offered by WaterDelivery;
- You can use existing credit or promotional or discount vouchers to pay for part or all of your order; however, you cannot use such credit, promotional, or discount vouchers on top of other discounts which you may be entitled to under the law;
- After an order is placed, you will receive an email confirmation with your order receipt. Delivery fees will not appear on your receipt if you pick up your order;
WaterDelivery does not control the pricing of the supplier. When using the Services, you must be aware that the Website may contain factually incorrect supplier content (and prices) and you explicitly accept that WaterDelivery is not liable for this. However, WaterDelivery will do everything in its reasonable ability to solve any issues or misunderstandings between supplier and customer.
You pay the price listed on the Website for the Services ordered via the Website or cash on delivery (COD). Payment takes place in the manner indicated in the agreement or elsewhere on the Website, possibly via a third-party supplier of payment services. Unless explicitly agreed otherwise, payment must be made at the moment you place an order or enter into an agreement. If a paid Service is continued for an indefinite period of time, WaterDelivery will collect the payments owed periodically (term as stated in the contract) in advance.
The reversal of an amount (automatically) collected by WaterDelivery does not relieve you of your payment obligation.
If WaterDelivery does not receive an amount owed on time, WaterDelivery has the right to suspend the paid Service until such time as it has received the amount owed. This is without prejudice to any other right or remedy available to WaterDelivery.
You cannot hold WaterDelivery to offers and/or prices if you could reasonably have understood that the offer and/or price contained an obvious mistake or misprint.
WaterDelivery reserves the right to offer additional payment methods and/or remove existing payment methods at any time. If you choose to pay online, your payment will be processed by our third-party payment service provider.
6.1. Delivery areas
You understand that our Suppliers offer their goods only in specific delivery areas. The Supplier available to you will vary depending on your delivery address. Delivery areas may expand, shrink, or change depending on factors beyond WaterDelivery control, without notice.
6.2 Delivery time
We will deliver your order to the address you provide. You can choose your delivery to be delivered in a specific time frame. An estimated delivery time will be provided in your email confirmation. However, delivery times may vary due to factors beyond our control, such as the quantity of your order, the distance to your delivery address, the time of day, weather, and traffic conditions. You can view the status of your order in the app.
6.3. Unsuccessful or failed deliveries
If we are unable to deliver your order due to reasons caused by you, such as no one being available to receive the order, we may cancel the order without refund.
6.4. Wrong order, missing items, defective goods
If you receive the wrong order, missing items, or defective goods, please contact customer support immediately. We may ask for photographic proof or additional information to investigate the issue. If we determine that the order is not of satisfactory condition or quality, we will replace or compensate you for your order.
7. Vouchers, discounts and promotions
WaterDelivery may run marketing and promotional campaigns that offer cashbacks, voucher codes, discounts, and other promotional offers to be used on the platforms (“Vouchers”). Vouchers are subject to validity periods, redemption periods, use restrictions, limits, and other availability.
7.2. Voucher restrictions
Vouchers may not be valid when used in conjunction with other promotions, discounts, or other vouchers. Additional terms and conditions (including supplier-specific terms) may apply to Vouchers.
7.3. Voucher usage
Unless otherwise stated, Vouchers can only be used on WaterDelivery’s platforms. Vouchers are non-transferrable, non-exchangeable, non-refundable, and cannot be exchanged for cash.
7.4. Voucher changes
WaterDelivery may withdraw, amend, and/or alter any applicable terms and conditions of the Vouchers at any time without prior notice. WaterDelivery further reserves the right to void, discontinue, or reject the use of any Voucher without prior notice.
7.5. Voucher exclusions
WaterDelivery may, at its sole and absolute discretion, exclude, disqualify, or refuse you or certain suppliers from the use of Vouchers at any time without prior notice.
8. Supplier Liability
Suppliers are responsible for the preparation, condition, and quality of goods. In cases of Supplier Delivery, Suppliers are responsible for delivery of the orders. WaterDelivery shall not be liable for any loss or damage arising from your contractual relationship with the Supplier.
9. Intellectual Property rights
All intellectual property rights to the Content, including copyrights, trademark rights, database rights and trade name rights, whether registered or not, are held exclusively by WaterDelivery and/or its licensor(s).
Under the conditions stipulated in these conditions of use, WaterDelivery grants you a limited, personal, revocable, non-exclusive right which may not be sub-licensed or transferred, to use the Content for private purposes in the manner and format that this Content is provided on the Website. It is explicitly prohibited to download, copy, alter or publish Content or use it for direct or indirect commercial purposes or in any other way than as described above, unless WaterDelivery or the particular right holder has given explicit permission for this.
Nothing stated in these conditions of use or on the Website is intended to transfer any intellectual property rights or grant you any intellectual property rights. The use you may make of the Content is limited to what is described in these conditions of use.
It is prohibited to remove, render illegible, conceal, or alter notices or statements relating to intellectual property rights.
10. User Content
Under the conditions stipulated in these User Terms, you retain in principle the copyrights and other intellectual property rights that belong to you in relation to the User Content which you make available to visitors of the Website via the Website.
By making User Content available to WaterDelivery (which in these conditions of use refers to, among other things: uploading User Content), you automatically grant WaterDelivery a worldwide, non-exclusive, royalty-free, transferable license (with the right to sublicence), which is not limited in time, for any use, re-use, reproduction, dissemination, creation of derivative works, display and performance of this User Content or parts thereof, for any purpose and in any way whatsoever, also for the benefit of the Services, as well as permission to store the User Content in (electronic) files.
The license referred to in article 5.2 ends at the moment that you or WaterDelivery removes the particular User Content from the Website.
You acknowledge and agree to the fact that the User Content which you make available to WaterDelivery will be used by other users of the Services. WaterDelivery accepts no liability whatsoever for compliance with these conditions of use by users of the Services. You acknowledge that there is also the possibility that the User Content you make available to WaterDelivery may be used by third parties in a manner that is in violation of or not provided for in these conditions of use. WaterDelivery is not liable for actions by third parties in violation of these conditions of use or in breach of any statutory provision or for any other unlawful action by third parties in relation to the User Content made available by you.
By making User Content available to WaterDelivery, you guarantee that:
- you are authorized to make this User Content available in accordance with these conditions of use and that you are authorized to grant the license as referred to in article 5.2;
- the User Content that you make available does not break any law and does not infringe any third-party rights, including contractual rights, intellectual property rights, or privacy rights, and is not otherwise unlawful towards third parties or WaterDelivery;
- you are not limited by any incompetence, restriction or injunction in relation to your right to act in accordance with these conditions of use and/or to make User Content available; and
- you are exclusively responsible for all licenses, reporting and payment obligations to any third party, including but not limited to collective copyright organizations, in connection with the use of the User Content which you make available as referred to in these conditions of use.
- You are personally fully liable for the User Content you make available. WaterDelivery is not liable for the consequences of any use of this User Content in accordance with these conditions and you indemnify WaterDelivery against any and all claims in that respect. All costs incurred and damaged suffered by WaterDelivery in any way related to such claims will be compensated by you.
WaterDelivery reserves the right to remove or block User Content or otherwise render it inaccessible if it is in violation of the provisions of these conditions of use or if necessary without report of reasons.
11. Prohibited User Content
This article contains a non-exhaustive list of User Content which you may in no event make available via the Website (in which respect it applies that exclusively WaterDelivery has discretion in deciding whether particular User Content is permitted or not):
- User Content that is discriminatory with respect to appearance, race, religion, gender, culture, origin, or may otherwise be considered hurtful;
- User Content that incites violence against or harassment of another person or persons;
- User Content which results in or results from the exploitation or abuse of others;
- User Content which in WaterDelivery’s opinion is immoral or distasteful, violent or which contains a link to pornographic material or pornographic websites or which contains pornographic or erotic material;
- User Content in which the personal details of underage persons are requested and/or in which the personal details of other people are made available;
- User Content which commits or promotes illegal activities;
- User Content which infringes upon intellectual property rights, privacy rights or any other rights of WaterDelivery or third parties;
- User Content involving chain letters, junk mail or spam and/or passwords or other information that can be traced to persons being requested for commercial or illegal purposes;
- User Content which involves commercial activities for which prior written permission from WaterDelivery has not been obtained, such as advertisements, lotteries, competitions or pyramid games;
- User Content containing a photo or image of another person without his/her permission;
- User Content which is in violation of any law, regulation, by-law, other applicable regulation or these conditions of use.
- WaterDelivery reserves the right to inform the competent investigative authorities about User Content that is in breach of public order or otherwise in violation of the law.
12. Notices concerning unlawful Content
WaterDelivery will investigate notices of infringements of third-party rights by users of the Services and take steps against such infringements if possible. If you believe a user of the Services has infringed your rights, we ask that you notify us of this by sending an email via the contact form. This notification must:
- contain the URL of the page where the Content you believe to constitute an infringement can be found on the Website;
- contain a declaration that in your opinion, your rights are being infringed and why that is the case;
- contain contact information where WaterDelivery can reach you, such as your name, address, telephone number and email address;
- contain a statement, supported with evidence, that the information in your notification is accurate and complete and – if an infringement of intellectual property rights is involved – that you are the owner of the particular intellectual property rights;
- be signed by the owner of the intellectual property rights or the party that is demonstrably authorized to act on the owner’s behalf;
- contain – if an infringement of intellectual property rights is involved – a description of the work or works which have been infringed in your opinion with a specification of what constitutes the infringement.
WaterDelivery reserves the right to forward the notification to the person/persons or business that is responsible for the Content to which the notification relates.
If it emerges from the notification that the Content is unmistakably unlawful, the Content will be removed or rendered inaccessible by WaterDelivery.
WaterDelivery reserves the right not to honor a request that Content be removed or rendered inaccessible if WaterDelivery has good reason to doubt the accuracy of the notification or lawfulness of the evidence supplied or if the Content to which the notification relates does not prove to be unmistakably unlawful. In that context WaterDelivery may, for instance, require a court decision from a competent court in the Netherlands which demonstrates that the particular Content is unmistakably unlawful.
By submitting a notification, you indemnify WaterDelivery and all businesses affiliated with it as well as its management, directors, employees, representatives and legal successors against any third-party claim in connection with removing the information or making it inaccessible. The indemnification also relates to all damage and costs incurred by WaterDelivery and damage and costs yet to be incurred, or costs which WaterDelivery must incur in connection with such a claim, including, but not limited to, compensation of legal assistance costs.
WaterDelivery will not be able to be party in any way to a dispute between the party submitting the notification and the user to which the notification pertains.
13. Content, availability, and stopping Services
The Services are made available on an ‘as is’ basis. Despite the constant care and attention devoted by WaterDelivery to the content and composition of the Services, it gives no guarantees with regard to the completeness, accuracy, or reliability thereof. Nor does WaterDelivery guarantee that the Services will be available at all times and without interruption, disruptions or errors, that defects will be repaired at all times or that the Website and server on which it is held are free from viruses or other contagious or harmful files. You agree that WaterDelivery is not liable for damage to or loss of your computer, data or computer and telecommunication systems as a result of the use of the Services.
In supplement to the other (legal) means at WaterDelivery’s disposal, WaterDelivery has the right at all times, without report of reasons and without prior explanation, to (temporarily) limit, suspend or terminate the provision of one or more Services to you, to temporarily or permanently stop or delete your account, remove your User Content and/or issue a warning, in particular but not exclusively if:
- you act in violation of these conditions of use;
- WaterDelivery believes that your actions could cause damage or liability to yourself, other users or WaterDelivery.
- This will not make WaterDelivery liable in any event.
If your use of a paid Service is terminated for any reason whatsoever, you are not entitled to a refund of any amounts paid (in advance). In such cases, any amounts already paid revert to WaterDelivery.
14. Termination of your account
WaterDelivery may terminate, suspend, or delete your WaterDelivery account and your access to the platforms, including any delivery services we provide to you in respect of an order, with immediate effect for any reason, including, but not limited to:
- If WaterDelivery, in its sole discretion, considers your use of the platforms to be unacceptable;
- If you are in non-compliance or serious suspicion of non-compliance with applicable laws, including, but not limited to, anti-money laundering and terrorist financing laws and regulations;
- WaterDelivery may, but is not obliged to, provide you with a warning prior to termination of your use of the platforms.
16. Third-party services
The website contains both Services provided by WaterDelivery and Services provided by third parties or links to third-party websites. The inclusion or availability of third-party Services on the Website does not imply that WaterDelivery has approved or verified these Services. WaterDelivery is not responsible for these third-party Services or any use thereof by users of the Website. Nor is WaterDelivery responsible for (the content of) third-party websites to which reference is made on the Website via hyperlinks or otherwise.
The applicable terms and conditions of these third parties apply to these third-party Services, in supplement to these conditions of use. By using the particular Service, you agree to these conditions.
17. No Warranties
THIS SITE, THE MATERIALS, AND THE SERVICES ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL USE OF WATERDELIVERY’S SITE, MATERIALS, AND SERVICES IS AT YOUR SOLE RISK.
WE SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, Non-Infringement, and any warranties arising out of course of dealing or usage of trade.
WaterDelivery is not responsible in any way for, does not monitor, and does not endorse or guarantee anything about any third-party content (including advertisements, offers, and promotions) that may appear in our Site or Services.
You agree to defend, indemnify, and hold WaterDelivery (including, but not limited to, WaterDelivery’s affiliates, subsidiaries, agents, officers, and employees) free and harmless from and against any and all claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store, or otherwise transmit on or through the Site or Services or your use of the Site and the Services, including, without limitation, any actual or threatened suit, demand, or claim made against WaterDelivery arising out of or relating to the User Content, your conduct, your violation of these User Terms, or your violation of the rights of any third party.
19. Limitation Of Liability
IN NO EVENT SHALL WATERDELIVERY, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS, OR OUR SERVICES.
In any event, any other potential liability of WaterDelivery shall be limited to the amount received or should be received by WaterDelivery immediately preceding the event.
WaterDelivery has the right to change the Services and these conditions of use at any moment, without notifying the users. The amended conditions of use take effect at the moment they are published on the Website. It is therefore a good idea to consult these conditions of use regularly.
21. Other provisions
If one or more provisions from these conditions of use are void or are annulled, the remaining provisions remain fully in force.
Philippine law applies to these conditions of use. Any disputes that may arise from this agreement will be submitted to the competent court in Pasig City to the exclusion of any other.
In the event of any inconsistencies between the English and translated versions of these Terms, the English version shall prevail.