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Terms of Service

Last Updated: May 15, 2023

1. Agreement to Terms

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Pure Blue Water Delivery ("Company", "we", "us", or "our"), concerning your access to and use of the website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Service.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms of Service, and you waive any right to receive specific notice of each such change.

2. Use of Services

2.1 Service Eligibility

To be eligible to use our services, you must be at least 18 years old and have the legal capacity to enter into binding contracts. By ordering services, you represent and warrant that you meet these requirements.

2.2 Service Description

Pure Blue provides water delivery services to residential and commercial customers throughout Canada. Our services include regular scheduled delivery of water bottles, dispenser rental, and maintenance services. The specifics of our service offerings are detailed on our website and in your service agreement.

2.3 Service Area

Our services are currently available in select Canadian cities and surrounding areas. Service availability is subject to change. To confirm if delivery is available in your area, please contact our customer service team.

3. Ordering and Delivery

3.1 Placing Orders

You may place orders for our water delivery services through our website, by phone, or by email. All orders are subject to acceptance and confirmation by Pure Blue.

3.2 Delivery Schedule

Deliveries will be made according to the schedule you select during registration. We offer weekly, bi-weekly, and monthly delivery options, subject to availability in your area. You may request changes to your delivery schedule by contacting our customer service team at least 48 hours before your next scheduled delivery.

3.3 Delivery Access

You are responsible for ensuring that our delivery personnel have safe and reasonable access to your premises to deliver water and exchange empty bottles. If access is not available during the scheduled delivery time, we reserve the right to charge a redelivery fee.

3.4 Accepting Deliveries

You are not required to be present for deliveries unless specifically requested. By accepting these Terms, you authorize our delivery personnel to leave water bottles at your designated delivery location when you are not present.

4. Equipment and Bottles

4.1 Water Dispensers

Water dispensers may be rented or purchased depending on the service plan you select. Rented dispensers remain the property of Pure Blue and must be returned in good condition upon termination of service.

4.2 Bottle Deposits

A refundable deposit is required for each bottle provided. The deposit will be refunded when bottles are returned in good condition.

4.3 Equipment Care

You are responsible for the proper use and care of all equipment and bottles provided. Damage beyond normal wear and tear may result in additional charges.

4.4 Equipment Maintenance

Pure Blue provides regular maintenance for rented dispensers as part of your service. Please contact customer service to report any issues with your equipment.

5. Billing and Payment

5.1 Pricing

Pricing for our services is as specified on our website or in your service agreement. We reserve the right to change prices with 30 days' notice.

5.2 Payment Methods

We accept payment by credit card, debit card, electronic funds transfer, and other payment methods as specified on our website. By providing payment information, you authorize us to charge you for services according to your service plan.

5.3 Billing Cycle

You will be billed according to the frequency specified in your service agreement. For regular delivery services, billing typically occurs monthly.

5.4 Late Payments

Late payments may result in service suspension and additional fees. If payment is not received within 15 days of the due date, we reserve the right to suspend service until payment is received.

6. Service Term and Cancellation

6.1 Service Term

Our services are available on both a month-to-month basis and with longer-term contracts, depending on the plan you select. Term commitments and any applicable discounts will be specified in your service agreement.

6.2 Cancellation by Customer

You may cancel your service at any time by providing written notice at least 7 days before your next scheduled delivery. If you are on a term contract, early termination fees may apply as specified in your service agreement.

6.3 Cancellation by Pure Blue

We reserve the right to cancel or suspend service for non-payment, violation of these Terms, or for any other reason at our discretion. We will provide notice of cancellation except in cases of fraud, illegal activity, or clear violation of these Terms.

6.4 Effect of Cancellation

Upon cancellation, you must return all rented equipment and bottles within 14 days. Your bottle deposits will be refunded, less any amounts owed for damaged equipment or outstanding balances.

7. Intellectual Property

The Site, its content, and all related services and products are owned by Pure Blue and are protected by copyright, trademark, and other intellectual property laws. Our name, logo, website, and all related names, logos, product and service names, designs, and slogans are trademarks of Pure Blue or its affiliates. You may not use these marks without our prior written permission.

You are granted a limited, non-exclusive, non-transferable license to access and use the Site solely for personal, non-commercial purposes. This license does not include any resale or commercial use of the Site or its contents.

8. Limitation of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES DURING THE PERIOD OF 3 MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.

9. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your use of the Site or services; (2) breach of these Terms of Service; (3) any breach of your representations and warranties set forth in these Terms of Service; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site or services with whom you connected via the Site.

10. Governing Law

These Terms of Service and your use of the Site and services are governed by and construed in accordance with the laws of Canada applicable to agreements made and to be entirely performed within Canada, without regard to its conflict of law principles.

11. Dispute Resolution

Any legal action of whatever nature brought by either you or us shall be commenced or prosecuted in the provincial and federal courts located in British Columbia, Canada, and you and we hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such courts.

12. Severability

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

13. Contact Information

If you have any questions about these Terms of Service, please contact us at:

Pure Blue Water Delivery
123 Water Street
Vancouver, BC V6B 4Y8
Canada

Email: [email protected]
Phone: (604) 555-0123
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123 Water Street, Vancouver, BC V6B 4Y8

(604) 555-0123

[email protected]

© 2023 Pure Blue Water Delivery. All rights reserved.

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