CANCELLATIONS & REFUNDS
1 Holywaters is entitled to cancel or change the order. Should this happen, Holywaters will attempt to provide a suitable solution. If an order is cancelled or delayed, Holywaters will do its utmost best to inform you as soon as possible. However, Holywaters cannot guarantee the possibility to inform you timely of any change or cancellation of an order or be held responsible for refunds, compensations or for any resulting costs you may incur related to the said order.
2 Before confirming your order, always check carefully that you have selected the correct (number of) products/ quantity. Wrongfully ordered numbers are not refundable.
3. All purchases are final. The orders once placed cannot be cancelled for any refunds for any reason whatsoever.
4. All products are for immediate consumption, payment will be not refunded if the consumers store the product for than 24 hours.
CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT
1. Definitions: “Confidential Information” shall mean for each Party to this Agreement all information of confidential nature relating to the other Party disclosed during the term of this Agreement. Such information shall include, without limitation, contact details, samples, illustrations, operational information, financial information, pricing strategy, customers and policies and procedures. Such Confidential Information may be supplied, in writing. “Disclosing Party” shall mean the Party disclosing any particular item of Confidential Information. “Receiving Party” shall mean in relation to any particular item of Confidential Information the Party which receives such information pursuant to this Agreement.
2. Confidentiality: In consideration of Disclosing Party agreeing to disclose Confidential Information to Receiving Party, Receiving Party shall: (i) keep all such Information strictly confidential; (ii) use such Confidential Information only for the purpose for which it was disclosed and shall not use or exploit such Confidential Information for the benefit of third party(s), except key closely associated party(s); (iii) not duplicate in any manner the Confidential Information furnished in tangible form except for the purpose of this agreement or related marketing activities in future; (iv) restrict access to any Confidential Information to such of its employees, consultants, representatives, advisors and agents who need to know such information for the purposes of approving, evaluating or otherwise participating in the Purpose and ensure that such employees, consultants, representatives, advisors and agents are made aware of the terms of this Agreement; (v) Not disclose any Confidential Information to any third party without making such third party aware of the terms of this Agreement; (vi) be obligated to keep confidential the Information during the Survival Period; and be responsible for any breach of any of the undertakings contained in this Agreement.
3. Exclusions: The obligations and requirements set out in this Agreement will not apply to use and disclosure of the information which: (i) at or after the time of disclosure or acquisition is in the public domain in the form supplied otherwise than through a breach of this Agreement by Receiving Party; or (ii) has been independently developed by Receiving Party; or (iii) was lawfully within the possession of Receiving Party prior to its disclosure to Receiving Party by or on behalf of Disclosing Party provided that Receiving Party had no reason to believe that Receiving Party was legally obligated to keep the same confidential; or (iv) Receiving Party is required to disclose by any court of competent jurisdiction or any Government agency lawfully requesting the same provided that Receiving Party notifies Disclosing Party of such disclosure; or (v) is approved for release by a specific written authorisation from Disclosing Party.
4. Subpoenas, etc: In the event Receiving Party is required to disclose Confidential Information to any third party to comply with applicable laws or court orders, decrees or proceedings or governmental or regulatory rules and regulations or for arbitration purposes, Disclosing Party shall not oppose and Receiving Party shall furnish only such portion of the Confidential Information as may be legally required and shall take all reasonable and lawful actions to avoid and/ or minimise the extent of such disclosure and shall also take all reasonable and lawful steps to avoid and/ or minimise the risk of any Confidential Information being subsequently disclosed further.
5. The Disclosing Party shall comply with all privacy and data protection laws, rules and regulations which are or which may in the future be applicable for any Personal Information disclosed to the Disclosing Party. Without limiting the generality of the preceding sentence, the Disclosing Party agrees that it will not use nor disclose to any other party any Personal Information. “Personal Information” refers to any private information which identifies an individual, such as names, addresses, telephone numbers, electronic addresses, social security numbers, credit card numbers, medical records, and demographic information.
6. Term & Termination: Agreement shall be effective for a period of One (01) Year (“Term”) unless terminated earlier by either Party at any time by giving the other Party 30 (thirty) days prior written notice. Upon request in writing from Disclosing Party Receiving Party shall within 30 days from the date of such request, return to Disclosing Party or destroy and certify to such destruction of any and all Confidential Information, including all copies and reproductions containing and / or embodying any portion of the Confidential Information supplied by or on behalf of or relating to Disclosing Party.
7. No representation or warranty: ALL CONFIDENTIAL INFORMATION IS PROVIDED BY DISCLOSING PARTY “AS IS”, AND NEITHER PARTY MAKES ANY WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE, REGARDING THE CONFIDENTIAL INFORMATION, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ACCURACY. ANY RELIANCE ON PROPRIETARY OR CONFIDENTIAL INFORMATION SHALL BE EXCLUSIVELY AT THE RECEIVING PARTY’S OWN RISK.
8. Property Rights: Receiving Party agrees that Confidential Information provided by Disclosing Party is and shall remain the exclusive property of Disclosing Party and Receiving Party will not acquire by implication or otherwise any right in title to or license in respect of any Confidential Information supplied by or on behalf of or relating to Disclosing Party.
9. Consequences of Breach: (i) Parties acknowledge that in the event any provision of Agreement is violated by Receiving Party, the affected Disclosing Party will suffer immediate, irreparable and incalculable damages and the affected Disclosing Party shall be entitled to specific performance of this Agreement and to injunctive relief against the offending Receiving Party to prevent the disclosure or unauthorised use of the Confidential Information. (ii) Nothing contained herein shall restrict the rights of the affected Disclosing Party to pursue any other remedy at law or in equity with respect to such breach.
10. No Waiver: Any failure by either Party in exercising any right power or privilege hereunder shall not act as a waiver hereunder nor shall any single or partial exercise hereof preclude any further exercise of any rights, power or privilege by such party.
11. Survival: The provisions of this Agreement shall survive the termination or expiration of this Agreement for a period of one (01) year from such expiration.
12. Compliance with Laws: Parties shall perform their obligations under this Agreement in strict compliance with all laws, rules, regulations, notifications and guidelines as may be applicable to them from time to time.
13. Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the Laws of India, without giving effect to its choice of laws rules and shall be submitted to the exclusive jurisdiction of the Courts of Faridabad, Haryana (India).
14. Sever-ability: If any provision of this Agreement shall be held, for any reason, to be illegal, invalid or non enforceable, such provision shall be enforced to the maximum extent permissible to effect the intent of the parties and the remaining provisions shall remain in full force and effect.
15. Entire Agreement: This Agreement constitutes the entire understanding between the Parties and may not be amended or modified, in whole or in part, except by an agreement in writing.