General

Canman Technologies Private Limited (“Canman”) operates multiple platforms (“Platforms”), including but not limited to, website www.canman.co (“Website”),“Canman” mobile application (“App”) and vending machines (“Machines”) to enable purchase of potable water in reusable cans (“Goods”).

Services (“Services”) offered by Canman include, but not limited to, providing information via the App about Goods available in the Machines for purchase, enabling operation of the Machine via the App, enabling purchase of Goods via the App, enabling access to the Goods in the Machine, enabling return of the reusable cans into the Machine, and services ancillary thereto.

User (“User”) of Canman’s Services include guest or registered users of the Platform

This Terms of Use (“Agreement”) is legally binding between Canman and the User, from the instance the User provides consent electronically,  in the App.

General terms of use of Services

Eligibility

Persons who are “incompetent to contract” within the meaning of theIndian Contract Act, 1872 including minor, un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you shall not register as a User on the App. A registered User, who has created an account with Canman, should be the sole person using the App to purchase Goods from the Machine. The User should be present at the Machine while physically accessing Goods, stocked in said Machine, via the App. 

Operation of Machine

Canman has the discretion to supply the Goods purchased by the User from any of the storage units present in the Machine, and the User cannot reject the Goods on the basis of the storage unit from which the Goods is supplied by Canman.

Handling of Goods

User shall handle the Goods supplied via the Machine only if the User is adequately capable of and/or equipped to handle water can storing approximately 20 Liters of water. The User is entitled to authorize another person, not below 18 years of age, to handle the Goods supplied via the Machine, and such other person shall be capable and/or equipped for such handling. The User shall not purchase theGoods unless the User has means to handle the Goods. Handling includes unloading the Goods from the Machine and carrying the Goods to a location of User’s choice outside of the Machine. Canman will not be liable for any injury occurring to the User or the User authorized entity while handling the Goods. User indemnifies Canman from any liability arising from handling of the Goods by the User or the User authorized entity.

Handling of the Machine

The User shall close the door of the storage unit, of the Machine, from which the Goods purchased by the User is supplied to the User, immediately after the Goods are unloaded from the Machine, in case the User has chosen not to return an empty water can.

The User shall close the door of the storage unit, of the Machine, from which the Goods purchased by the User is supplied to the User, immediately after the Goods are unloaded from the Machine and an empty water can in reusable condition of the same brand as the goods taken out of the machine, is returned by the User into the same storage unit.

The User shall handle the Machine with due care without causing any damage to the Machine.

Returning of empty reusable water can

The User, who chooses to return reusable water can (“Empty Can”), shall return the Empty Can into the same storage unit of the Machine from which the Goods is supplied to the User in that transaction. The Empty Can should be of the same make as the one the User has chosen to return while purchasing Goods in that transaction. The Empty Can returned should be in a clean and hygienic condition. The Empty Can returned should be in a readily reusable condition for the purposes of filling and supplying potable water. The Empty Can should at least match, if not exceed, the quality of the can in which the Goods is supplied to the User in that transaction. Canman shall be the sole owner of the returned Empty Can, and the User will not have any right or claim over the returned Empty Can.

Returning of handling accessories

The User shall return handling accessories as designated.

Fair use of Services

The User shall only purchase as many Goods as may be fairly required to fulfill potable water needs of the User’s household for a reasonable period. Canman, at its discretion, has the option of limiting the number of Goods the User can purchase within a period set by Canman.

Payments

Refundable deposit

Canman, at its discretion, is entitled to collect a deposit, as specified in the App from the User, to enable the User to purchase Goods via theApp.

Canman, at its discretion, has the option of limiting the number of Goods the User can purchase within a period set by Canman based on the funds deposited by the User. Canman, at its discretion, has the option of increasing the number of Goods the User can purchase within the period, if additional funds, as specified in the App, is deposited by the User.

The User can request Canman to refund the deposit. On receiving such a request, Canman shall process the request at its end ordinarily within five (05) working days, and refund an amount, if any, the User is qualified to receive after considering penalties, which Canman is entitled to collect from the User.

Payment for purchase of Goods

The User can purchase the Goods by paying for the Goods using the App. Payment shall be made via online means enabled by the App. Canman shall allow access via the Machine to the Goods purchased by the User only when Canman receives a message from its payment partner, indicating that the User has successfully made the payment for the Goods.

Canman, at its sole discretion, can refund the amount paid by the User or provide a redeemable coupon equivalent to the amount paid by the User, in case Canman fails to provide access to the Goods to the User via the Machine even after the User successfully made the payment of said amount for the Goods. Canman shall initiate such refund or issuance of said coupon ordinarily within five (05) working days from the date it is determined by Canman that the User is entitled to said refund or coupon.

Canman has the option to restrict the User from purchasing Goods via the App till the User pays penalties that may be due.

Penalties

Canman, at its discretion, can levy penalty for breach of terms of this agreement, a non-exhaustive list of actions or inactions of a User that are eligible for penalty is presented below.

A User chooses to replace an empty reusable water can in a transaction, but fails to replace the reusable water can, in said transaction, that reasonably matches the quality and size of the can picked up by the User from the Machine. The penalty can be upto 200 INR on sole discretion of Canman.

A User chooses to replace an empty reusable water can of a particular brand in a transaction, but fails to replace the reusable water can of said brand, in said transaction, which reasonably matches the quality and size of the can picked up by the User from the Machine. The penalty can be upto 200 INR on sole discretion of Canman.

A User fails to close the door of the machine from where the User picked up the Goods from the Machine immediately after the User has picked up the Goods. The penalty can be upto 200 INR on sole discretion of Canman.

A User causes damage to the Machine. The penalty can be upto 30000 INR on sole discretion of Canman.

Disclaimer

User acknowledges that Goods images that are shown on the App may differ from the actual Goods made available via the Machine in terms of colour, appearance, shape, and packaging, among others. Canman has limited control over the quality of the Goods provided by its supplier. The User shall not hold Canman liable for any losses occurring due to the usage of the Goods sold “as is” or “as available” from its suppliers. In case, Canman is held liable, then liability shall not exceed the amount at which the User purchased the Goods from Canman. Further, Canman does not warrant that the Platform will be constantly available, or available at all. User acknowledges the risks involved in using digital Platforms or handling Goods and exempts Canman from liabilities arising out of such usage.

Intellectual property

Canman, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on the Platform. Access to the Platform does not confer and shall not be considered as conferring upon anyone any license under any of Canman or any third party’s intellectual property rights. All rights, including copyright, in this website are owned by Canman. Any use of the Platform or its contents, including copying or storing it in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Platform. The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Canman, its affiliates, its partners or its suppliers. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on thePlatform. Access to the Platform does not authorize anyone to use any name, logo or mark in any manner. References on the Platform to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Canman’s endorsement, sponsorship or recommendation of the third party, information, product or service. Canman is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. All materials, including images, text,illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of the Platform (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Platform for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software. All software used on the Platform is the property of Canman or its licensees and suppliers and protected by Indian and international copyright laws. The Contents and software on the Platform may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission,republication, display, or performance, of the Contents on thePlatform is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by the Platform, one of its affiliates or by third parties who have licensed their materials to the Platform and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on the Platform is the exclusive property of Canman and is also protected by Indian and international copyright laws.

Indemnity

User agrees to defend, indemnify and hold harmless Canman, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Canman or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

Termination

This Agreement is effective unless and until terminated by either User or Canman. Canman may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Platform. Such termination will be without any liability to Canman. Upon any termination of the User Agreement, you must promptly destroy all materials downloaded or otherwise obtained from Platform, as well as all copies of such materials, whether made under the User Agreement or otherwise. Canman’s right to any content generated by the User shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel User’s obligation to dues payable to Canman or affect any liability that may have arisen under the User Agreement.

Modification of terms and conditions of the Agreement

Canman may at any time modify, add or remove any portion of this Agreement without any prior notification to you. You can access the latest version of this Agreement at any given time on the Website or App.You should regularly review the Agreement. In the event the modified Terms and Conditions are not acceptable to you, you should discontinue using the Platform. However, if you continue to use thePlatform you shall be deemed to have agreed to accept and abide by the modified Terms and Conditions of this Agreement.

Severability and integrated agreement

If any term, provision, covenant or restriction of this Agreement is held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby.

Assignmentor transfer

The rights granted to the User under this Agreement are not assignable or transferable, in whole or part. Canman reserves the right and can at its absolute discretion assign the rights and obligations under this User Agreement (or any part thereof) to an affiliate or to another entity in connection with a corporate transaction, assignment process, any other commercial arrangement or otherwise.

Governing law and jurisdiction

This Agreement shall be construed in accordance with the applicable laws of India, with the Courts at Bangalore having exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Canman and its decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time.The arbitration shall be held in Bangalore. The High Court of judicature at Bangalore alone shall have the jurisdiction and the Laws of India shall apply.

Grievance officer

In accordance with Information Technology Act 2000 and rules made thereunder, the name and contact details of the Grievance Officer are provided below:

Kartik Puttaiah

Canman Technologies Private Limited

No.399,15th Cross Rd, Sector 5, Sector 6, HSR Layout, Bengaluru, Karnataka560102

Phone:98863 34262

Email:reach@canman.co