BUSINESS TERMS OF SERVICE
This version valid as of 01.05.2019.
A person, by clicking the button AGREE in the PickAqua app, confirms and warrants that:
- He or she is of age and capable of entering into contracts,
- He or she is authorised to represent Water Partner and on behalf of Water Partner to undertake contractual obligations with regard to the use of the PickAqua app and the services provided by PickAqua, including the contractual obligations arising from these Business Terms of Service, and
- Water Partner agrees to these Business Terms of Service and accepts them as binding on Water Partner, and hereby undertakes to use the PickAqua app as provided herein.
If Water Partner and/or person acting on its behalf does not agree with the Business Terms of Service, it does not have PickAqua’s permission to use the PickAqua app, and Water Partner, including the person acting on its behalf, for the benefit or upon the request of Water Partner, may neither enter in the PickAqua app any information regarding Water Partner and/or the Products nor use other services provided by PickAqua.
PickAqua is entitled at any moment, without prior warning, to change the Business Terms of Service and the new Business Terms of Service shall be binding on the Water Partner and shall govern the subsequent mutual relationship between PickAqua and Water Partner as of the moment the new Business Terms of Service are published in the PickAqua app and/or sent to the Water Partner’s e-mail address and/or uploaded onto the Personal Cabinet, whichever of these events comes first or as of the date indicated in the respective amendments announced as specified above.
Terms and Definitions
PickAqua: SIA “WaterEmbassy”, Registration No. LV 40103323593, registered address: Lacplesa 87a, Riga, Latvia, LV-1011.
PickAqua app: the mobile applicationPickAqua and the website www.pickaqua.com, where information on potable water, its types, properties, structure, different traits, other characteristics or qualities provided by water manufacturers and/or distributors and/or publicly available is aggregated and publicised.
The application provides the PickAqua user with 24/7 access to information on bottled potable water, for comparison and assessment of various types of water, on other users’ response as well as access to the use of such other services as the PickAqua app will provide from time to time.
The operation of the PickAqua app, i.e., the application management tools shall be provided in Latvian, Russian, German, Spanish and English.
A water manufacturer and/or distributor is provided with the opportunity by the PickAqua app for a price set by PickAqua to advertise their product and its best qualities to a vast audiences of users by placing in the PickAqua app Water Partner’s texts, audio, video, photo, research materials, descriptions and other in-depth information in Latvian, Russian, German, Spanish and English.
Water Partner: a company (a legal person or other entity performing business activity), specified as a Water Partner in the PickAqua app subject to registration and subsequent change of the data in the Personal Cabinet.
Personal Cabinet User: a person using the access codes assigned to Water Partner and/or generated by Water Partner for the use of the PickAqua app and the Personal Cabinet, including for placement of orders and/or settlement of payments on behalf of Water Partner and for placement, correction and deletion of Advertising Materials on behalf of Water Partner. Water Partner authorises the Personal Cabinet User to make transactions on behalf of Water Partner.
Subscription: a subscription plan for placement of Advertising Materials created according to the criteria set by Water Partner or on the basis of PickAqua’s standard service offer, ensuring Water Partner’s rights within the term and volume set in the Subscription to place Advertising Materials and/or to position the Product in the PickAqua app or any other subscription to the services offered by PickAqua. PickAqua at its discretion at any time may change the range of the Subscriptions and/or separate elements of the Subscriptions.
Working day – a regular working day in Latvia.
Business Terms of Service: thePickAqua Business Terms of Service in their current version as announced by PickAqua from time to time.
Personal Cabinet: Water Partner’s account in the PickAqua app created upon Water Partner’s registration with the PickAqua app and used by Water Partner for management of Subscriptions and other PickAqua services and for settlement of payments.
Product: a single product of a single brand of bottled potable water, including packages of various volumes of this Product.
Advertising Materials: informationon the Product provided by the Water Partner, including Product descriptions, photo, video materials, banners, research results, references to Internet resources, contacts, shop addresses etc.
Area: the areaspecified by Water Partner, wherein Advertising Materials are available online in the PickAqua app on the Products for which Water Partner has purchased a Subscription.
- PickAqua shall provide Water Partner with the following service(s) selected by the latter:
- Basic Service(s) – the services of placement of Advertising Materials in the PickAqua app, by selling the Subscription to the PickAqua app chosen by Water Partner and enabling Water Partner to publish in the PickAqua app the Advertising Materials on the Products in the scope and by the term corresponding to the respective type of the Subscription, and
- Additional Service(s) – such other services as from time to time may be offered in the PickAqua app or in relation to it.
- The Subscription shall enable Water Partner within the term of the Subscription to use the PickAqua app, such as it is, and to place the Advertising Materials in the scope set by the Subscription terms. Water Partner shall upload all the Advertising Materials onto the PickAqua app independently by itself or at the request of the Water Partner such materials may by placed by PickAqua, subject to payment of an additional fee.
- Creating and Managing Water Partner’s Personal Cabinet
- Water Partner shall register in the PickAqua app and create its own Personal Cabinet. By using the Personal Cabinet, Water Partner shall electronically create and manage Product profiles, process and place the orders of the Subscriptions and other services, make payments for services, enter, correct and delete the Advertising Materials as well as perform other service management functions for receipt of the PickAqua services.
- Water Partner shall be bound by all the acts and transactions carried out by the Personal Cabinet User in the PickAqua app, including, but not limited to, orders of new services, payments and information regarding the settlement tools on behalf of Water Partner, disclosure of information on Water Partner and the Products and submission, placement, correction and deletion of the Advertising Materials in the PickAqua app.
- Water Partner hereby agrees to it that PickAqua collects, stores and automatically uses for subsequent settlements the submitted bank payment card data and/or other payment instruments.
- Water Partner hereby undertakes to keep safe the access data to the PickAqua app (such as passwords, user names etc.), not to disclose or submit such data to any person that has not been authorised to carry out transactions on behalf of Water Partner and in the event of replacement of the Personal Cabinet User to independently accept the data from the previous Personal Cabinet User and to transfer such data to the next Personal Cabinet User. Water Partner hereby assumes full liability for the consequences should the access data fall into the hands of a person not authorised to represent Water Partner.
- Water Partner is obliged to promptly inform PickAqua in writing, by sending a message to the PickAqua e-mail address, should Water Partner loose one or all the access tools to the PickAqua app and Water Partner must immediately perform all the necessary actions in order to change the access data and/or to block the Personal Cabinet and the bank payment card and the payment instrument information registered therein. Water Partner understands and is aware that Water Partner’s request to block access to Water Partner’s Personal Cabinet can only be executed in the nearest Working day following confirmed receipt of the request and therefore Water Partner assumes full liability for such losses as may be incurred by it and/or by PickAqua in the period until blocking of Personal Cabinet. Should PickAqua request, Water Partner is obliged to submit to PickAqua the information and documents confirming a person’s right to act on behalf of Water Partner.
- The Basic Terms of Provision of the Subscriptions, Positioning and Other Services
- Provided that Water Partner complies with the Business Terms of Service, PickAqua shall assign to Water Partner a personal, limited, non-exclusive, revocable and non-transferable licence to use the PickAqua app solely in conformity with the Business Terms of Service, and solely for the purpose of using the Subscription purchased by Water Partner or other services provided by PickAqua, and to download and install the PickAqua app in Water Partner’s devices for the duration not exceeding the term of use of the Subscription and/or other PickAqua services. The sole proprietor of the PickAqua app and all its copies is PickAqua.
- When buying a specific Subscription for the first time or after a break, the starting date of the Subscription is calculated from the working day following the payment day for the respective Subscription. When prolonging the Subscription for the next period, provided that the payment has been made before the expiry of the previous Subscription term, the new term of the Subscription shall start from the next day following the expiry date of the previous Subscription term.
- The Subscription shall be activated and Water Partner shall be entitled to the rights assigned with the Subscription only subject to full payment for the Subscription.
- The validity term of the Subscription, by preserving the settings of the previous Subscription (or similar, if the settings of the previous Subscription are not technically supported any more) shall be automatically extended for the next Subscription period, unless Water Partner has issued a written application within 30 (thirty days) prior to the expiry date of the Subscription to discontinue the Subscription.
- In order to position Water Partner’s Product in the PickAqua app, Water Partner shall submit to PickAqua the Product information, justifying the compliance of the Product with a specified positioning group (e.g., if the Product alleviates the symptoms of migraine, Water Partner must explain and justify in writing such a feature and/or effect of the Product).
- Payment for the Subscription depends on the type (elements) of the Subscription chosen by Water Partner, duration and the Service provision Area and is determined for each Water Partner individually. When extending the term of the Subscription, either the same fee is applied as for the previous Subscription term or a new fee is set if PickAqua has duly announced such pursuant to the Business Terms of Service.
- Other services shall be provided for a fee according to the prices applied for each Water Partner individually by sending an invoice to Water Partner’s e-mail address and/or by making it available in the Water Partner’s Personal Cabinet in the PickAqua app.
- PickAqua is entitled at its own discretion and at any time to change the prices set for the Subscriptions and other services, to introduce standard prices by publishing such standard prices in the PickAqua app as well as to apply prices to the services that previously have been offered free of charge. The changes in the Subscription and positioning prices shall be communicated to Water Partner at least 30 (thirty) days prior by either publishing them in the PickAqua app and/or by sending them to Water Partner’s e-mail address indicated in the Personal Cabinet and/or by placing them in the Personal Cabinet.
- PickAqua is entitled to unilaterally terminate the operation of a specific type of Subscription at any time and/or change the composition or term of the services included in the Subscription, however, such changes, should they decrease the scope of information to be placed under the specific Subscription and/or shorten the term of the Subscription, may be applied only to the period after the expiry of the existing (active) Subscription period or else, if such changes are applied during the term of the existing Subscription, PickAqua shall reimburse a proportional part of the fee received for the respective Subscription. Functional alterations in the placement of information, the publication manner of the Advertising Materials or the design or arrangement of the PickAqua app as well as such alterations as may be required to ensure compliance of the PickAqua app with the laws and regulations effective in the respective Area shall not be deemed to be changes in the composition of services included in the Subscription.
- When using the PickAqua app, Water Partner shall be bound by and comply with the general terms and conditions of the PickAqua app, the rules of privacy and data protection as well as other rules concerning the use of PickAqua app in their valid version at a given moment, provided that PickAqua has published such rules in the PickAqua app or communicated them to Water Partner insofar as such rules bestow greater rights and authority on PickAqua, impose additional obligations on the users of the application (and hence Water Partner) or regulate the matters not addressed in the Business Terms of Service. PickAqua is entitled at any moment to change the existing or introduce new rules of use of the application and Water Partner is obliged to regularly monitor the changes of the Business Terms of Service or other PickAqua rules and timely familiarize itself with such changes.
- Should Water Partner change the data in the PickAqua app, for example, make additions to the Advertising Materials, wish to add any functions etc., PickAqua is entitled for the term of data checking to close public access to the information about the Product(s) and stop publishing the Advertising Materials on Water Partner’s Product(s) while Water Partner’s request for changes is waiting in a queue to be viewed and the Advertising Materials are replaced in the application for public circulation. In such a case Water Partner shall not be entitled to compensation or a discount, or to an extension of the term of the Subscription or the term of use of other services.
- Territorial Operations
- PickAqua shall provide the advertising placement services in the PickAqua app in the Area chosen by Water Partner. This means that the Advertising Materials on the Product placed in the PickAqua app are visible to the PickAqua users, who according to their indicated IP addresses are located in the respective Area.
- On condition that the PickAqua app operates in the respective country, Water Partner during the validity term of the Subscription is entitled to extension of the Area where the information and advertisements on the Products are available, subject to payment of an additional fee as set by PickAqua.
- PickAqua is entitled, without asking permission to Water Partner, to advertise Water Partner’s Product(s) in other countries where the PickAqua app is operated only in test mode and has not yet been officially launched. In such a case the service to Water Partner shall be rendered gratis until such time as the PickAqua app starts operations in the respective Area. If Water Partner does not wish the Products to be advertised outside the Area under test mode of the PickAqua app, Water Partner is obliged to duly notify PickAqua thereof in writing and PickAqua within a reasonable period of time shall make corrective arrangements to remove such publicly inaccessible Advertising Materials as Water Partner has no right or no wish to publish in the respective country.
- The fact of official launching of the PickAqua app in a new area (i.e. the conclusion of test mode) shall be communicated to Water Partner electronically to its Personal Cabinet and/or to its e-mail address. Upon receipt of such an announcement, Water Partner within 10 (ten) Working days shall make a decision and notify PickAqua in writing whether Water Partner wishes to advertise in the respective country and whether it wishes to extend its advertising area. If such a notice is not received from Water Partner, it will be considered that Water Partner is not interested in advertising in other areas and publishing of Water Partner’s Advertising Materials in the respective country will be discontinued.
- Service Ordering and Payment Procedure
- Water Partner shall order a new Subscription, its extension or new services electronically, by using its Personal Cabinet. PickAqua shall confirm the new Subscription, its extension or other services, quote the price and Water Partner shall settle the payment for the service as follows:
5.1.1. PickAqua within 3 (three) Working days following a new request for services submitted by Water Partner shall send Water Partner an invoice for the services, in which, based on Water Partner’s request, the type(s) and term (if applicable) of PickAqua services and the price offered by PickAqua are indicated (hereinafter – „the Invoice”), and, if Water Partner deems it necessary, – specific conditions of service provision are mentioned. The Invoice shall be deemed the PickAqua offer of provision of the specified services and this offer shall be valid for the term indicated in the Invoice (if any).
5.1.2. Water Partner shall settle the Invoice within 10 (ten) Working days following its receipt by a bank payment card or by other method of payment available in the PickAqua app or suggested by PickAqua. Settlement of the Invoice shall indicate Water Partner’s unconditional consent to order the PickAqua services listed in the Invoice, to pay the price indicated in the Invoice and to receive the services in conformity with the Business Terms of Service and the specific conditions of service provision (if applicable). After settlement of the Invoice, Water Partner shall not be entitled to refuse the services indicated in the Invoice
5.2. The Invoice for the use of the same Subscription for the next period shall be sent by PickAqua to Water Partner 30 (thirty) days prior to the expiry date of the existing Subscription. The Invoice for each subsequent Subscription period shall be paid by Water Partner within 7 (seven) days following its receipt but not later than 10 (ten) days prior the commencement of the subsequent Subscription term, or if valid bank payment cards or other payment instruments are indicated in the Personal Cabinet, PickAqua at any time following the issue of the Invoice may withdraw the invoice amount automatically without asking Water Partner’s permission by using the payment cards or other payment instruments indicated in the Personal Cabinet. Water Partner hereby clearly and unambiguously agrees to it that settlement of the Invoices for the subsequent Subscription periods may be paid automatically also if the price of the Subscription has been raised, provided that PickAqua has duly notified of such changes according to the procedure set out in the Business Terms of Service.
5.3. Any PickAqua invoice (including the Invoice) is valid if it is drawn up and sent electronically without a PickAqua representative’s signature to Water Partner’s e-mail address indicated in the Personal Cabinet or if it is made available in the PickAqua app. If the PickAqua invoice is drawn up electronically, it shall be deemed received by Water Partner on the Working day following its sending by PickAqua to Water Partner’s e-mail address indicated in the Personal Cabinet or a notice of the Invoice being available in the Personal Cabinet.
5.4. The settlement day shall be the day when the funds are credited to the PickAqua bank account.
- Liability of the Parties
- Water Partner hereby represents and warrants that:
- All and any information that Water Partner places or PickAqua gathers from Water Partner’s Product labelling or Water Partner’s webpages on the Internet, including information on the Products, manufacturers and Water Partner, is true, complete and in conformity with the laws of the Area and other laws and regulations applicable in the Area and other countries.
- Water Partner shall place the Advertising Materials in the PickAqua app only for those products that Water Partner lawfully manufactures or distributes and that are available in retail outlets of the Area;
- If Water Partner quotes a price in the PickAqua app, such a price shall contain all taxes and mark-ups, including those for delivery, and as such are in conformity with the laws and regulations of the Area and it shall be the price, at which a consumer, including the user of the PickAqua app, can buy the Product in retail outlets of the Area. If Water Partner quotes the average price, it shall be prepared to substantiate the validity of calculation of such average price;
- Water Partner possesses all the necessary licenses and permissions and is duly authorised to represent, advertise and distribute the Products in the Area;
- Information, data and Advertising Materials placed in PickAqua app by the Water Partner, as well as the websites, to which Water Partner has given links and references therein, shall not contain: (a) any materials breaching the laws and regulations effective in the Area, (b) any materials breaching the rights of PickAqua or third parties, including, but not limited to the rights to protection of personal data of natural person, copyright, trademarks, design, business secrets and confidential information and patents, (c) any materials containing the elements of discrimination, hate, violence, sexual or pornographic content or materials advertising alcohol, narcotic or psychotropic substances, arms and other products and services whose circulation in the Area is prohibited or subject to special regulations, and (d) any software programs or other tools that may be used to jeopardize the safety of PickAqua and/or its users’ systems or in order to spread viruses or other malware, or illicitly obtain data from the PickAqua app or its users’ systems.
- The information, data and Advertising Materials placed by Water Partner in the PickAqua app as well as the sites, to which Water Partner has given links or references, shall not breach any rule set forth by the platforms, on which the PickAqua app is available for downloading (Apple, Google, etc.).
- Should Water Partner notice any errors and/or discrepancies in the Advertising Materials regarding its Product, Water Partner shall immediately correct such an error or delete the displayed material whereas, if PickAqua has placed this material, Water Partner shall notify PickAqua thereof by writing to the PickAqua e-mail address indicated in the PickAqua app.
- Water Partner shall notify PickAqua in writing of all its complaints regarding substandard services and, depending on the type of the service received, not later than within 3 (three) Working days, following:
- Initial publication of the respective material in the PickAqua app, if the complaint concerns the information entered or the Advertising Material placed
- Publication of the respective material or the day, on which it was scheduled to be publicised, if the complaint concerns failure to demonstrate or inadequate demonstration of the material,
- Receipt of the respective deliverable (Additional Service result/product) by Water Partner, if the specific service concerns development of certain deliverables rather than placement or demonstration of information or Advertising Material in the PickAqua app, except if upon agreement to provide an Additional service a different term is set for lodging complaints.
If within the abovementioned term no objections are received from Water Partner, the PickAqua services shall be deemed fully accepted without any objections from Water Partner.
- If an error in the PickAqua app has been made through the negligence on PickAqua part, PickAqua shall correct such error free of charge.
- For any overdue payment Water Partner shall pay a late payment interest in the amount of 0.5% (half percent) of the outstanding amount for every day of delay. Payment of the late payment interest shall not release Water Partner for fulfilment of its contractual obligations.
- PickAqua shall render its services such as they are and PickAqua will not inspect and assume any responsibility for the content placed in the PickAqua app by Water Partner or third parties, for suitability of the application to the Water Partner’s needs, nor shall it guarantee preservation of specific functions or design of the application, or its functioning without any faults or errors, or its being free of any viruses or malware.
- PickAqua is entitled without any explanations to promptly and unilaterally turn off and/or alter, and/or delete the information and Advertising Materials placed by Water Partner and/or Water Partner’s positioning and/or the Product profiles (account), and/or the Personal Cabinet in the PickAqua app, and/or terminate the Subscription, and/or provision of any other service, if the activities performed and/or data, information or Advertising Materials submitted by Water Partner, including any user of the Personal Cabinet, or PickAqua has relied on, have been untrue or in breach of the Business Terms of Service and/or the law applicable to rendering of any services and to the operation of the PickAqua app and/or if a payment for the respective service is overdue. In none of the abovementioned events is PickAqua obliged to return the funds received from Water Partner for the Subscription or positioning services or other services, nor is it obliged to reimburse Water Partner for any losses or to extend the Subscription term or the term of provision of other services.
- Water Partner is aware and understands that the PickAqua app also accepts and displays content that is not the property of PickAqua and that is placed by third parties. Only the person or organization that has placed such content shall be held liable for it.
- PickAqua shall not be held liable for the damages that Water Partner may or could incur by using the PickAqua app and/or by using PickAqua services, and particularly for the fines applied by the Area’s controlling institutions with regard to placement (demonstration) of Advertising Materials and/or the actions of Water Partner, including comments in the application, for the claims brought against Water Partner by the users of the PickAqua app, Product manufacturers and other distributors or any other third parties and because of restriction, blocking or deleting by PickAqua of the information or Advertising Materials placed by Water Partner, or because of suspending or terminating provision of services under the Business Terms of Service or due to Water Partner’s loss or forgetting of access tools to the Personal Cabinet, or such tools have been taken away against its will or broken. In any case, the liability of PickAqua invariably shall be limited to the amount, at which Water Partner in the course of the last 12 (twelve) months until filing a claim in a court of law has purchased Subscription(s) and PickAqua shall not reimburse the indirect or anticipated losses, lost profits, damages incurred due to the acts or omissions of the Personal Cabinet user, fines and contractual penalties imposed by third parties, state or municipal institutions etc.
- Water Partner shall hold PickAqua harmless against all claims of third parties and shall reimburse PickAqua for all the losses and damages incurred by the latter, including the costs of litigation and the costs of legal assistance due to Water Partner’s culpable acts, including Water Partner’s breach of the Business Terms of Service, harm done to the functioning of the PickAqua app and/or PickAqua reputation by any acts or omissions of Water Partner and/or the Personal Cabinet user or if PickAqua is obliged to pay fines or similar payments to the Area’s state, municipal and other controlling institutions or fines or compensations for losses to the users of the PickAqua app and to other third parties (including breaches of intellectual property rights and natural persons’ data protection rights).
- PickAqua shall not be held liable for the damages incurred due to force majeure circumstances. Force majeure circumstances are defined as such circumstances that PickAqua could not foresee or that are beyond PickAqua control, such as warfare, strikes, fires and other natural disasters, actions of third parties beyond PickAqua control, disruptions in data transfer and other electronic communication devices or power cuts, errors of automated data processing, postal operations, decisions adopted by the platforms on which the application is circulated etc.
- INTELLECTUAL PROPERTY
- Water Partner hereby represents and warrants that the trade (service) marks displayed on the goods advertised by Water Partner are used lawfully (Water Partner is the owner of these trademarks or their legitimate user in the Area and in the country where water is distributed or it has been granted the title to distribution of the goods under suchtrademarks). Water Partner also represents and warrants that the trademarks displayed on the goods are not identical or misleadingly similar to other registered (and attributable internationally registered) trademarks as well as widely known trademarks. Water Partner at its own discretion, within honest business framework, may use non-registered trademarks and in PickAqua app advertise Products marked by non-registered trademarks unless it affects other persons’ rights and breaches any regulations effective in the respective Area.
- Water Partner also represents and warrants that the trademarks displayed on the goods that it has submitted to PickAqua or is advertising in the PickAqua app are not identical or misleadingly similar to the trademarks used in the European Community and elsewhere in the world, except if Water Partner can legally prove its former rights and achieve the prohibition of use of the automatically attributed trademark valid in the European Community and/or elsewhere in the world in the Area where the trademark is being advertised through PickAqua.
- All the trademarks and the information displayed on the Products shall be fixed at the moment of placement of the order by completing a form in the PickAqua app.
- If Water Partner submits such information to the PickAqua app, which constitutes a subject matter of copyright or related rights (paintings, reproductions, symbols, logotypes, audio, video recordings etc.) or a subject matter of any other intellectual rights (e.g. a design prototype), Water Partner shall have to be authorised to distribute such products and materials protected by copyright or related arts in the Area where the Product is being advertised through PickAqua.
- In any case, if Water Partner has breached the terms of intellectual property set out in the Business Terms of Service, Water Partner is obliged to reimburse PickAqua for all the damages incurred, including those arising from third parties’ claims against PickAqua.
- All texts, formulae, algorithms and designs contained in the application are the property of PickAqua and their copying and reproduction without a written consent of PickAqua is prohibited.
- Water Partner shall grant PickAqua a non-exclusive, free license without territorial restrictions (applied globally) and without time restrictions (yet in any case not for a shorter period than the validity term of any Subscription and/or other services provided by PickAqua to Water Partner, or in respect of other materials referred to in the Business Terms of Service, which PickAqua is entitled to use, after Water Partner has ceased to use the PickAqua app – for at least 30 years after PickAqua has stopped to provide its services) to all the materials submitted for PickAqua management, including visual, audio and textual materials, which PickAqua is entitled to (including the right to grant sublicenses to third parties) to collect, fully or partially reproduce, distribute, publicize, modify for publication or distribution or otherwise use such materials at PickAqua discretion in order to fulfil PickAqua obligations to Water Partner or for further marketing in PickAqua app, social media and other media without a prior agreement with Water Partner, with the right, e.g., to mention, compare, promote the Product on radio, TV, in magazines, social media and all the channels of business partners, in every possible way.
- Water Partner’s Rights and Obligations
- By registering in the PickAqua app, Water Partner hereby agrees to it that PickAqua, without any time restrictions, will collect, process, publicize and use for its commercial purposes worldwide the information on Water Partner’s manufactured/distributed Products, insofar as such information, including illustrations, is available on the Product labels, on Water Partner’s webpages and other public communications of Water Partner and/or manufacturer of the Product represented by Water Partner, with a right to publish in PickAqua app in any country where the application operates the Product pictures (not indicating author and/or source) obtained in Water Partner’s webpage or elsewhere as the Product publicity pictures.
- Water Partner is obliged to display in the PickAqua app the basic Information on Water Partner’s Product in English and one other available language within 5 (five) working days following the payment of PickAqua invoice.
- Water Partner shall place all the information and Advertising materials in conformity with the technical parameters set forth by PickAqua, if PickAqua has set such parameters.
- Water Partner hereby agrees to it that Water Partner’s Product may be referred to in discussions, interviews and/or compared with other similar products, tested, filmed, photographed in experiments with water etc.
- Water Partner has the right to use the PickAqua app for advertising its Products also outside the PickAqua app by referring to Water Partner’s position there, and to use the logotype of the PickAqua app on its Internet sites, social media accounts and printouts, subject to agreement with PickAqua and ensuring high quality of execution and that the context in which PickAqua name, logotype and/or trademark is used complies with PickAqua policy and does not harm to the reputation of PickAqua.
- Water Partner is obliged at the request of PickAqua to provide to PickAqua such information and evidence as support the genuineness of the information presented in the Advertising Materials.
- Water Partner is forbidden to modify, copy, disseminate, sell or give to third parties for free or for a charge PickAqua software, data accumulated therein or the right to place information or advertisements in the application.
- Water Partner is forbidden to place in the PickAqua app information or any advertising materials regarding third parties’ products not manufactured by Water Partner or, with regards to the Area, the products that Water Partner has no right to distribute in the Area, as well as forbidden to place any information or advertising materials on such Water Partner’s products and services for which Water Partner has not purchased a Subscription.
- If Water Partner engages in mutual contacts with the users of the PickAqua app, Water Partner shall observe the generally accepted norms of conduct and the requirements set in the rules of use of the PickAqua app and other regulations that may be announced from time to time.
- Water Partner, upon expiry of any Subscription, shall not be entitled to request removal of the publicly available information on the Product, Water Partner or a manufacturer from the PickAqua app, except the case when the Product is taken out of circulation, its name or other information regarding the Product and/or Water Partner has changed.
- Water Partner hereby agree that PickAqua shall carry out procession of the natural persons’ data submitted by Water Partner and shall use such data to ensure fulfilment of its obligations. PickAqua undertakes to use the personal data of natural persons submitted by Water Partner only for fulfilment of its obligations under the agreement between PickAqua and Water Partner and to ensure that such data are not disclosed or entrusted to any person who does not need them for fulfilment of obligations of PickAqua. When processing personal data, PickAqua shall act only in accordance with the applicable laws and regulations. PickAqua shall store the accumulated data until the expiry of the statutes of limitation for bringing claims with regard to the use of the PickAqua app or the services provided by PickAqua.
- PickAqua Rights and Obligations
- PickAqua shall ensure that Water Partner, in conformity with the Business Terms of Service, may place in the PickAqua app the Advertising Materials on the Product, and PickAqua may at its own discretion and without Water Partner’s permission to place in the PickAqua app the trademark of the Product and Water Partner and other information on the Product available on the Product label and/or on the Water Partner’s, Product or manufacturer’s webpages, on the social media accounts, including the publication right in the PickAqua app in any country where the application operates, Product photographs, without indication of the author and/or the source, obtained from Water Partner’s webpage or elsewhere as the Product’s publicity pictures.
- PickAqua may unilaterally determine the mandatory information that Water Partner must indicate in the PickAqua app about itself, the manufacturer, distributor or the Product so that Water Partner may use the PickAqua app.
- PickAqua has the right not to start placement of the information and Advertising Materials as well as positioning and fulfilment of other services ordered by Water Partner before receipt of payment for the respective service.
- PickAqua at its sole discretion may execute changes to the design of the PickAqua app, range of provided services, functionality and technical solutions. Insofar as the PickAqua app maintains its main purpose, i.e. to ensure that the user of the app obtains the information about the bottled potable water, such changes shall not give Water Partner the right to claim damages or withdraw from the agreement and/or to terminate the Subscription prematurely.
- PickAqua may carry out updating and maintenance works of the PickAqua app and for this purpose to stop the operation of the PickAqua app or its separate functions. Updating of the PickAqua app may take place automatically or manually which requires Water Partner’s actions for updating of the PickAqua app.
- PickAqua may collect and process the data on the PickAqua users’ experience and communications with Water Partner and in a consolidated form without a possibility to identify the user (consumer) to hand them over to third parties for a fee or free of charge.
- All the information transferred or disclosed to Water Partner by PickAqua with a clear indication “Confidential” or similar, as well as the data of natural persons –PickAqua representatives, the price quoted to the client for PickAqua services, PickAqua financial and legal information and data regarding the activities, taste, behaviour and priorities of PickAqua users shall be deemed confidential and the property of PickAqua. Water Partner may use the confidential information only for fulfilment of the obligations arising from the use of the PickAqua app with the sole right to transfer it only to the staff engaged in receipt of services provided by PickAqua, on condition that the staff shall undertake appropriate confidentiality obligations. Water Partner shall not use the confidential information either for its own (except as expressly permitted), or for third parties’ benefit and shall not disclose the confidential information to third parties both for the duration of this Agreement and within five years from the moment when Water Partner has stopped to use PickAqua services. Water Partner may use the information regarding the activities, taste, behaviour and priorities of PickAqua users only for its internal purposes and it is strictly prohibited to process, transform, commercialize, divulge or disclose such information to third parties.
- All the information transferred or disclosed by Water Partner to PickAqua with a clear indication “Confidential” or similar, and in respect of which PickAqua has given a written confirmation to observe confidentiality obligations, shall be deemed confidential and PickAqua undertakes to use such information only insofar as it is necessary for providing services to Water Partner with the sole right to transfer it only to the staff engaged in provision of PickAqua services to Water Partner and insofar as it is necessary for fulfilment of their direct job, on condition that the staff shall undertake similar confidentiality obligations.
- Irrespective of the aforementioned, the confidentiality obligations defined above shall not apply to the following information:
- The information that Water Partner has submitted to PickAqua for placement in the PickAqua app, except if Water Partner has specifically and unequivocally agreed with PickAqua in writing that the information may not be published until a specified moment,
- The information that Water Partner uses the PickAqua app,
- that at the moment of disclosure has been available in the public domain;
- that after its disclosure has become generally available in other ways rather than from the recipient of the information (PickAqua or Water Partner respectively) or from the persons whom the recipient (PickAqua or Water Partner respectively) has disclosed the information;
- regarding which the recipient (PickAqua or Water Partner respectively) can provide a written proof that this information has been legitimately known to it before the second party disclosed it, or it has developed this information irrespective of the other party’s actions,
- that must be disclosed by PickAqua or Water Partner according to the laws and regulations and/or by the decision of court or a controlling institution.
- Term of Provision of the Services
- PickAqua shall be discharged from the obligation to provide the respective service at the moment of expiry of the term of the respective Subscription and/or the term of provision of another PickAqua service. PickAqua shall not guarantee that the Subscription or another PickAqua service will be available for a new term upon expiry of the term of the respective Subscription and/or the term of provision of another PickAqua service.
- In all the events when PickAqua in conformity with the Business Terms of Service and/or applicable law is entitled to fully or partially discontinue or terminate the validity of the Subscription and/or provision of other services, the term of the Subscription will not be extended and the paid funds shall not be reimbursed.
- Water Partner is entitled to unilaterally withdraw from the Subscription and discontinue receipt of the respective service before term, without paying any damages, subject to a 30 (thirty) days’ written notice. In such a case the amount paid by Water Partner for the Subscription or other related services will not be reimbursed.
- In addition to what is stated elsewhere, PickAqua is entitled to discontinue and/or terminate the provision of the service before the term, without payment of damages and reimbursement of the received funds, if Water Partner is 10 (ten) or more days overdue with its payments.
- Without prejudice to PickAqua rights to delete the Personal Cabinet as stated elsewhere, upon expiry of all Subscriptions and services purchased by Water Partner and/or if PickAqua has stopped all the Subscriptions and provision of other PickAqua services, PickAqua may delete Water Partner’s Personal Cabinet (Water Partner’s account) in the PickAqua app.
- Should Water Partner, upon registration in the PickAqua app, stop using the PickAqua app or specific services and/or PickAqua stops and discontinues provision of PickAqua services, PickAqua is entitled without a fee or reimbursement to Water Partner to continue using the publicly available information on Water Partner’s Products as well as Water Partner’s and Product trademarks, logotypes, barcodes, labels and Product photographs (not indicating the author and source), that Water Partner has placed in the PickAqua app, and other basic information on the Product, including if the Water Partner has not purchased the Subscription or another service.
- Other Provisions
- Water Partner hereby undertakes to promptly inform PickAqua of the change of its registered address, actual location of business, representative, contact persons, banking details and other essential information that may affect due fulfilment of the obligations. Water Partner undertakes full liability for failure to fulfil this obligation timely.
- Correspondence between PickAqua and Water Partner shall be executed in writing in the PickAqua app, as well as notifications to Water Partner regarding the use of the PickAqua app may be sent in writing to the e-mail or postal address indicated in the Personal Cabinet or communicated later (including if communicated in the Personal Cabinet). Depending on the type of delivery, the notice shall be deemed received on the 7th Working day following its submission to the post office, the day when the notice has been delivered by hand or by currier service to the registered or other address indicated by PickAqua or Water Partner respectively, or the following day after sending of an electronic letter to the other party, or placement of PickAqua notice in Water Partner’s Personal Cabinet. Water Partner undertakes all the documents sent to PickAqua on paper, also to deliver to PickAqua electronically.
- Water Partner may not transfer to third parties the rights or obligations arising from the use of the PickAqua app or receipt of the services provided by PickAqua, including the claims against PickAqua, without PickAqua prior written consent. The Business Terms of Service and the use of the PickAqua app shall neither create a company or a joint enterprise, employment, franchise, authorisation or agency relationship between the parties.
- These Business Terms of Service are drawn up and interpreted according to the laws of the Republic of Latvia irrespective of the provisions of international private law.
- All disputes and disagreements arising from or related to the PickAqua app, its use and/or PickAqua services, entering into and validity of the agreement between PickAqua and Water Partner, including disagreements arising from non-contractual obligations (delict), PickAqua and Water Partner (and any user of the Personal Cabinet involved in a disagreement with PickAqua) shall settle by mutual negotiations or, failing to do so, in the courts of law of the Republic of Latvia, according to the laws of the Republic of Latvia, irrespective of the provisions of international private law, by selecting the court of first instance according to the registered address of PickAqua at the moment of instituting legal proceedings.
Should one of the provisions of the Business Terms of Service be deemed invalid, the agreement between PickAqua and Water Partner and other provisions of the Business Terms of Service shall remain in force.