Terms and Conditions

1 Definitions

a. “Brand”

shall have the meaning assigned to such term in the preamble to these Terms.

b. “Company”

shall have the meaning assigned to it in the preamble to these Terms, and shall include its successors and permitted assigns.

c. “Content”

means all text, photographs, images, product descriptions, graphics, videos, logos, trademarks and other materials available on the Website.

d. “Enquiry”

means any request for information, quotation, dealership, product support, purchase assistance or other communication submitted through the Website, WhatsApp, telephone, email or any contact channel displayed on the Website.

e. “Grievance Redressal Policy”

means the grievance redressal policy of the Company available at https://durawot.com/contact-us/, as amended from time to time.

f. “Privacy Policy”

means the privacy policy of the Company available at https://durawot.com/contact-us/, as amended from time to time.

g. “Products”

means stainless steel water tanks and related products, solutions and accessories described or displayed on the Website under the Brand, from time to time.

h. “User” / “You” / “Your”

means any person accessing, browsing, or using the Website or submitting an Enquiry.

i. “Website”

shall have the meaning assigned to such term in the preamble to these Terms.

2 Acceptance of Terms

2.1 By accessing, browsing or otherwise using the Website, or by submitting an Enquiry, the User agrees to be bound by these Terms and the policies expressly incorporated into these Terms.

2.2 The User shall review these Terms and the applicable policies before using the Website or submitting any information. If the User does not agree to any provision of these Terms, the User shall discontinue use of the Website.

2.3 The Company may, from time to time, make certain policies, guidelines or Product-specific terms available on the Website. Such terms shall apply to the extent specifically stated therein and shall be read together with these Terms.

3 Eligibility

The Website is intended for persons who have completed eighteen (18) years of age. Any Enquiry on behalf of a dealer, firm or company shall be made by a person duly authorised to do so.

4 Website Access and Acceptable Use

4.1 Subject to compliance with these Terms, the Company grants the User a limited, personal, non-exclusive, non-transferable and revocable right to access and use the Website solely for lawful personal or legitimate business-information purposes and for making genuine Enquiries.

4.2 The User shall use the Website responsibly and in accordance with applicable laws.

4.3 The User shall not:

• a. attempt to gain unauthorised access to the Website, its systems, servers or networks;
• b. introduce, transmit or distribute viruses, malware or other harmful code;
• c. interfere with, disrupt or compromise the security, operation or integrity of the Website;
• d. use bots, crawlers, scrapers, data-harvesting tools or similar automated tools or methods to access, extract or collect information from the Website without authorisation;
• e. reverse engineer, decompile or disassemble any Website technology except to the extent expressly permitted by law;
• f. copy, reproduce, modify, distribute or commercially exploit any Content or other material without prior written permission;
• g. impersonate any person or entity;
• h. provide false, misleading, harmful or fraudulent information or content;
• i. infringe any intellectual property, privacy or other right;
• j. circumvent any security, access-control or technological measure implemented by the Company; or
• k. use the Website for any unlawful, fraudulent, abusive or unauthorised purpose.

5 Account Registration, Enquiry and User Information

5.1 No user account registration or login facility is presently required for browsing or using the Website. The Website may provide contact, callback, dealership, product support or other Enquiry forms through which the User may submit information.

5.2 The categories of personal data collected and the purposes of processing are set out in Clauses 2 and 4 of the Privacy Policy.

5.3 The User shall provide information that is true, accurate, complete and current and shall promptly update or correct such information where required. The User shall not submit false or misleading information, impersonate another person, provide information without the necessary authority or consent, misuse any Enquiry form or submit unsolicited bulk communications.

5.4 Submission or acknowledgement of an Enquiry shall not oblige the Company to accept any proposal, appoint any dealer, provide a quotation, reserve any Product or enter into any transaction. The Company may request additional information and may accept, decline or discontinue an Enquiry at its discretion, subject to applicable law.

5.5 The Company may restrict the User’s access to the Website or decline to process an Enquiry where it reasonably believes that the Website has been misused or that the Enquiry or information submitted is false, fraudulent, unlawful, abusive or unauthorised.

5.6 By providing contact details and using the Website, the User agrees to receive transactional or service-related communications concerning the Enquiry through email, SMS, telephone, WhatsApp or any other communication channel provided by the User, subject to applicable law. Any promotional or marketing communications shall be sent only with the User’s prior consent, which may be withdrawn at any time, in accordance with the Privacy Policy.

6 Products and Website Information

6.1 The Website enables the User to obtain general information about the Company, the Products offered by the Company under its Brand, technologies, applications, custom-size solutions, dealership opportunities and contact channels.

6.2 The Company makes reasonable efforts to ensure that Product descriptions, images, specifications and other information displayed on the Website are accurate and current. Such Content is provided for general information and Enquiry facilitation and shall not, by itself, constitute a binding offer, quotation, technical warranty or commitment to supply.

6.3 Product images displayed on the Website are intended for illustrative purposes and reasonable variations in the appearance, colour, finish, dimensions, capacity or other characteristics of a Product may occur between the Product as displayed on the Website and the Product ultimately supplied, owing to display settings, photography, manufacturing tolerances, custom specifications or agreed order requirements.

6.4 The Company shall endeavour to ensure that the information displayed on the Website is accurate but does not warrant that all descriptions, images, specifications or other Content will always be completely error-free. Nothing contained in this Clause shall exclude, restrict or limit any rights, remedies or protections available to the User under applicable law.

6.5 The Company reserves the right to correct typographical, Product or other errors, modify Product descriptions, update specifications or information, or discontinue any Content or Product at any time without prior notice. Such changes shall not affect orders that have already been accepted by the Company, except where otherwise permitted or required under applicable law. Confirmed specifications and commercial terms contained in an accepted quotation, purchase order, invoice, supply agreement or other written transaction document shall govern the relevant supply.

7 Product Specifications, Warranty and Performance

7.1 Any statement concerning material grade, capacity, insulation, technology, TDS suitability, durability, Product life, performance or warranty shall apply only to the extent confirmed in the relevant Product documentation, quotation, invoice, warranty policy or other written terms issued or accepted by the Company.

7.2 Product selection and performance may depend on factors including intended application, installation, supporting structure, plumbing, water quality and TDS, operating environment, usage, cleaning and maintenance. The User shall review the applicable specifications and obtain appropriate professional or technical advice before purchase, installation or use.

7.3 Any sale, installation, inspection, repair, replacement or warranty claim shall be governed by the applicable quotation, invoice, warranty policy and other transaction-specific terms. Nothing in this Clause excludes or limits a right or remedy that cannot lawfully be excluded or limited.

8 Product Availability

8.1 All Product grades, capacities, designs, technologies, customisation options and service locations displayed on the Website are subject to availability, technical feasibility and written confirmation by the Company.

8.2 Display of any Product or reference to service in any location does not guarantee inventory, manufacturing capacity, delivery, dealership availability or acceptance of an order. The Company may limit, modify or discontinue any Product, specification or location coverage for legitimate commercial, operational, legal or technical reasons.

9 Enquiries, Quotations and Contract Formation

9.1 The Website is presently informational and Enquiry-led and does not provide any online ordering, checkout or payment facility. The display of any Product, specification, price, contact option or dealership opportunity on the Website constitutes an invitation to submit an Enquiry and shall not, by itself, constitute an offer, quotation, acceptance, guarantee of availability or commitment to supply by the Company.

9.2 An Enquiry submitted through the Website, WhatsApp, telephone, email or any other communication channel shall constitute only a request for information or quotation. Any acknowledgement or automated response issued by the Company shall not create a contract, reserve any Product, confirm any price or appoint the User as a dealer or authorised representative of the Company.

9.3 Following an Enquiry, the Company may issue a quotation or request further information, documents, specifications or commercial details from the User. The Company reserves the right to accept, reject or discontinue any Enquiry or proposal, subject to applicable law.

9.4 A binding contract for the purchase and supply of Products shall arise only upon acceptance in the manner specified in the applicable quotation, purchase order, proforma invoice, tax invoice, supply agreement or other written transaction document issued or accepted by an authorised representative of the Company.

9.5 Any quotation issued by the Company shall remain subject to its stated validity period, Product availability, technical feasibility, specifications, payment terms, applicable taxes, delivery terms and other conditions specified therein.

9.6 The Company may refuse or cancel any transaction before its final acceptance where reasonably necessary due to Product unavailability, technical infeasibility, pricing or specification errors, inaccurate or incomplete information, suspected fraud or unauthorised activity, or any legal or regulatory requirement.

9.7 Any cancellation after acceptance, payment or dispatch, including the applicable refund, recall, refusal of delivery or return-to-origin arrangements, shall be governed by the applicable quotation, purchase order, invoice, agreement, warranty policy or other transaction-specific terms and applicable law.

9.8 In the event of any inconsistency between these Terms and an accepted quotation, purchase order, invoice, agreement or other transaction-specific document, such transaction-specific document shall prevail in relation to the relevant transaction.

10 Pricing and Payment

10.1 No direct online payment gateway, subscription, recurring-payment or automatic-renewal facility is presently offered through the Website. Any prices or indicative commercial information displayed on the Website, if any, are subject to confirmation and do not constitute a binding quotation.

10.2 Payment methods, taxes, billing, invoicing, payment timelines, payment failures, duplicate payments, chargebacks and refunds shall be governed by the applicable quotation, purchase order, invoice, agreement or payment instructions issued or communicated by the Company.

10.3 Users shall make payments only through authorised payment channels formally communicated by the Company and shall verify any change in bank or payment details through the Company’s official contact information before making payment.

11 Delivery and Installation

11.1 Availability, delivery locations, freight, dispatch, risk, inspection, installation and delivery timelines shall be governed by the applicable quotation, purchase order, invoice, agreement or other transaction-specific terms.

11.2 Any delivery timeline communicated through the Website or during a preliminary Enquiry is indicative unless expressly confirmed as binding in a written transaction document.

11.3 Installation shall be undertaken in accordance with applicable Product instructions and by appropriately skilled persons. The Company shall not be responsible for matters arising solely from unauthorised or improper installation, unsuitable supporting structures or plumbing, misuse or failure to follow applicable Product and warranty instructions, subject to applicable law.

12 Cancellation, Returns, Repairs, Replacements and Refunds

12.1 The Website does not presently operate a standard online cancellation, return, repair, replacement or refund process. Any request relating to cancellation, return, repair, replacement or refund shall be governed by the applicable quotation, purchase order, invoice, warranty policy, supply terms and applicable law.

12.2 No statement on the Website shall be construed as granting a return, replacement, repair, store credit, partial refund or full refund unless such remedy is expressly provided under the applicable quotation, purchase order, invoice, warranty policy, supply terms or warranty terms or required by law.

13 Promotional Offers

13.1 The Company may, from time to time, offer discounts, promotional codes, coupons, sales, loyalty benefits or other promotional schemes in relation to Products, which may be published on the Website. Each promotional offer may be subject to specific eligibility requirements, minimum purchase values, exclusions, validity periods and other terms communicated at the time of the offer.

13.2 Unless expressly stated otherwise, a promotional offer may not be combined with another offer, exchanged for cash, or transferred to another person. The Company may modify, suspend or withdraw a promotional offer where reasonably necessary due to technical errors, misuse or fraudulent or unauthorised use, or other legitimate circumstances, subject to applicable law.

13.3 The Company may refuse or cancel the benefit of a promotional offer where it reasonably believes that the offer has been obtained or used through fraudulent, abusive or unauthorised means.

14 Dealership Enquiries

14.1 The Website may permit a person or business entity to submit an Enquiry for appointment as a dealer or distributor of the Company. The submission or acknowledgement of such Enquiry shall not constitute selection, appointment, authorisation, exclusivity, allocation of any territory or permission to use the Company’s name, trademarks, logos or marketing materials.

14.2 The Company may conduct due diligence, request documents and information, and assess the applicant’s commercial capability, infrastructure, market presence, regulatory compliance and other relevant factors before considering the dealership Enquiry.

14.3 Any dealership or distributorship arrangement shall come into effect only upon execution of a separate written agreement or issuance of a written authorisation by an authorised representative of the Company. The applicable territory, Products, commercial terms, targets, duration and scope of authority shall be governed exclusively by such agreement or authorisation.

14.4 Unless and until such written appointment is issued, no person shall represent, advertise or hold itself out as a dealer, distributor, agent, franchisee, partner or authorised representative of the Company or undertake any obligation on behalf of the Company.

15 Intellectual Property Rights

15.1 All intellectual property rights in and to the Website and its Content, including the Brand name, trademarks, logos, Product names, photographs, designs, artwork, graphics, text and other proprietary materials, shall remain the exclusive property of the Company or its respective licensors, as applicable.

15.2 Subject to these Terms, the Company grants the User a limited, personal, non-exclusive, non-transferable and revocable licence to access and use the Website and its Content solely for the purposes permitted under Clause 4.1.

15.3 No ownership or other proprietary rights in the Website, Products, Content or intellectual property are transferred to the User by virtue of these Terms or the User’s use of the Website. The User shall not, without prior written permission, copy, reproduce, modify, adapt, publish, distribute, transmit, sell, license, commercially exploit or create derivative works from the Website, Content, Product photographs, designs, artwork, trademarks or other intellectual property belonging to the Company or its respective licensors. Nothing contained herein shall restrict the User from using the Products purchased from the Company or its authorised dealers for lawful personal purposes or exercising any rights available to the User under applicable law, including providing genuine reviews or feedback relating to the Products.

16 Third-Party Services and Links

16.1 The Website may contain links to or integrate third-party services, including WhatsApp, maps, social media, hosting providers, technology providers, analytics providers and other external services.

16.2 Such third parties operate independently and may be subject to their own terms and conditions, practices and policies. The Company does not control the independent operation of third-party systems.

16.3 Accordingly, to the extent permitted by applicable law, the Company shall not be responsible for an interruption, delay, issue or failure arising solely from the acts or omissions of a third-party service provider.

17 Disclaimer

17.1 To the maximum extent permitted under applicable law, the Website and its Content are provided on an “as available” and “as is” basis. The Company shall make reasonable efforts to maintain the Website and keep information displayed on it accurate and updated; however, the Company does not warrant that the Website will always be available, uninterrupted, secure or completely free from errors or technical issues.

17.2 The Company does not guarantee continuous availability of any Product. Product images, descriptions, and other information are provided for general reference and may be subject to the reasonable variations described in these Terms. Nothing in these Terms shall exclude, restrict or limit any right or remedy that cannot lawfully be excluded or limited under applicable law.

17.3 Website Content is provided for general information and Enquiry facilitation. It is not a substitute for a confirmed quotation, Product datasheet, site assessment, installation advice, warranty terms or other transaction-specific documentation.

18 Limitation of Liability

18.1 To the maximum extent permitted under applicable law, the Company shall not be liable for indirect, incidental, special, exemplary or consequential loss or damage arising out of or in connection with the User’s access to, inability to access, or reliance upon the Website or its Content.

18.2 The Company shall not be responsible for loss arising due to events beyond its reasonable control, temporary technical interruptions, failures of third-party service providers, unauthorised reliance on unconfirmed Website information or misuse of the Website.

18.3 Liability relating to any Product, supply, installation, warranty or commercial transaction shall be governed by the applicable quotation, invoice, warranty policy, agreement and applicable law. Nothing in these Terms shall exclude, restrict or limit any liability that cannot lawfully be excluded or limited under applicable law.

18.4 Subject to Clause 18.3, the Company’s aggregate liability arising out of the User’s access to or use of the Website shall not exceed INR 10,000.

19 Indemnification

19.1 To the extent permitted by applicable law, the User agrees to indemnify and hold harmless the Company and its affiliates, officers, employees, representatives and agents from and against claims, losses, liabilities, damages, costs and reasonable legal expenses arising out of or relating to:

• a. the User’s breach of these Terms;
• b. misuse of the Website;
• c. violation of applicable law;
• d. fraudulent or unlawful conduct by the User; or
• e. infringement of third-party rights through the User’s acts or omissions.

19.2 The indemnification obligation shall apply only to the extent the relevant claim or loss arises from the User’s acts, omissions or breach of these Terms, and shall not apply to the extent caused by the Company’s negligence, wilful misconduct or breach of applicable law.

20 Restriction, Suspension and Termination

20.1 The Company may suspend, restrict or terminate a User’s access to the Website, or applicable functionality, where it reasonably believes that the User has:

• a. violated these Terms;
• b. engaged in fraudulent or unlawful activity;
• c. misused the Website;
• d. engaged in scraping, bot activity or harmful conduct;
• e. provided false or misleading information; or
• f. engaged in any conduct that materially affects the security, integrity, functionality or operation of the Website, or materially prejudices the rights or interests of the Company or other Users.

20.2 The Company may also suspend or restrict access where reasonably necessary to comply with applicable law, legal or regulatory requirements, or to protect the security and integrity of the Website and its Users.

20.3 Suspension or termination shall not affect rights or obligations accrued before such suspension or termination.

20.4 Provisions which by their nature are intended to survive termination, including provisions relating to intellectual property, limitation of liability, indemnification, governing law, dispute resolution and other accrued rights and obligations, shall survive termination. For the avoidance of doubt, the Company’s ownership rights in the Website, Content, Brand and other intellectual property shall continue indefinitely.

21 Force Majeure

The Company shall not be liable for delay, interruption or failure to perform its obligations where such delay, interruption or failure results from circumstances beyond its reasonable control, including natural disasters, floods, fire, epidemics, pandemics, war, civil unrest, strikes, governmental or regulatory actions, changes in law, power or internet disruptions, technical failures, transportation or logistics disruptions or other similar events.

The Company shall take reasonable steps to resume affected services or fulfil its obligations as soon as reasonably practicable after the circumstances giving rise to the force majeure event have ceased.

22 Revision of Terms

The Company reserves the right to modify, amend or update these Terms from time to time to reflect changes in the Website, Products, business practices or applicable laws. Any revised Terms shall become effective upon being published on the Website, unless a different effective date is specified, and the “Last Updated” date at the top of these Terms shall be revised accordingly. The User is advised to review these Terms periodically. Any continued use of the Website after the revised Terms become effective shall constitute acceptance of the revised Terms to the extent permitted by applicable law. For the avoidance of doubt, the revised Terms shall not affect transactions already accepted before their effective date except as permitted by law or agreed by the parties.

23 Privacy and Data Protection

23.1 The Company’s collection, use, storage, processing, disclosure and protection of personal data shall be governed by the Privacy Policy available on the Website and applicable data protection and privacy laws. The Company shall process personal data in accordance with the applicable legal requirements and the purposes and practices described in the Privacy Policy.

23.2 The User acknowledges that personal data shall be processed for the purposes set out in the Privacy Policy.

23.3 The Privacy Policy shall be read with these Terms. In the event of a conflict between these Terms and the Privacy Policy specifically relating to the processing of personal data, the Privacy Policy shall prevail to the extent of such conflict.

23.4 Nothing in these Terms shall be construed as limiting any right available to a User under applicable data protection or privacy law.

24 Severability

If any provision of these Terms is held to be invalid, unlawful or unenforceable by a competent court or authority, such provision shall, where legally permissible, be modified or limited to the minimum extent necessary to make it valid and enforceable. The invalidity or unenforceability of any provision shall not affect the validity and enforceability of the remaining provisions of these Terms.

25 Waiver

No failure or delay by the Company in exercising any right, power or remedy under these Terms shall constitute a waiver of that right, power or remedy. A waiver by the Company shall be effective only if made expressly in writing and shall apply only to the specific instance for which it is given.

26 Assignment

The Company may assign, transfer or otherwise deal with its rights and obligations under these Terms to an affiliate, successor, purchaser of its business or assets, or another person in connection with a merger, restructuring, business transfer, sale or similar transaction, subject to applicable law. The User shall not assign, transfer or delegate any rights or obligations under these Terms without the Company’s prior written consent.

27 Entire Agreement

These Terms, together with any policy, guideline or term expressly incorporated by reference, constitute the entire agreement concerning the User’s access to and use of the Website. The Privacy Policy shall be read with these Terms. Any Product sale, supply, installation, warranty, dealership or other commercial arrangement shall additionally be governed by the applicable transaction-specific document.

28 Order of Precedence

28.1 These Terms shall be read together with the Privacy Policy, the Grievance Redressal Policy and any other policy published on the Website and expressly incorporated by reference into these Terms. In the event of any inconsistency between such policies, the Privacy Policy shall prevail in relation to the processing of personal data, the Grievance Redressal Policy shall prevail in relation to the grievance redressal procedure and timelines, and the warranty policy or the applicable transaction-specific document shall prevail in relation to Product and warranty complaints.

28.2 For matters concerning a particular Product, supply, installation, warranty, dealership or commercial transaction, the applicable executed agreement, accepted quotation, purchase order, invoice, warranty policy or other transaction-specific document shall prevail over these Terms to the extent of an inconsistency concerning that subject matter.

28.3 Nothing contained in these Terms or any applicable policy shall exclude, restrict or limit any rights, remedies or protections available to the User under applicable law.

29 Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India. Subject to any mandatory consumer rights or dispute-resolution mechanism available to the User under applicable law, disputes arising out of or in connection with these Terms or the User’s use of the Website shall be subject to the exclusive jurisdiction of the competent courts at Sirsa, Haryana, India.

30 Fraud and Scam Awareness

30.1 The Company does not authorise any person to request Users to make payments to unauthorised bank accounts, personal accounts, wallets or other payment channels. Users should exercise caution in relation to unsolicited calls, messages, emails, links or other communications claiming to be from the Company or the Brand and requesting payment, OTPs, passwords or other sensitive information.

30.2 Before making payment, the User should verify payment instructions through the official contact details published on the Website. Any suspected fraudulent communication, unauthorised payment request or other scam relating to the Brand or Website should be reported through the official contact details published on the Website and, where appropriate, to the relevant law-enforcement or cybercrime authorities.

31 Contact Details and Grievance Redressal

If a User has any question, concern or grievance relating to the Website, Products, Enquiries, warranty services, privacy or these Terms, the User may contact the Company using the details provided below.

A complaint relating to a Product, installation, service or warranty claim may also be submitted through the Customer Complaint Form available on the product support and warranty portal at https://durawotwarranty.com, accessible from the “Support and Warranty” section of the Website. The User shall provide accurate and complete information and such supporting documents, photographs, invoices, warranty details or other records as may be reasonably required for verification and resolution of the complaint.

Submission or acknowledgement of a complaint shall not, by itself, constitute acceptance of the complaint, admission of liability or confirmation of any repair, replacement, refund or warranty claim. The complaint shall be reviewed in accordance with the applicable warranty policy, invoice terms, Product documentation and applicable law.

The Company shall acknowledge and address complaints and grievances in accordance with applicable law and within the timelines set out in the Grievance Redressal Policy. The details of the Grievance Officer set out below are the same as those set out in Clause 15 of the Privacy Policy and Clause 1 of the Grievance Redressal Policy.