1. Contractual Relationship These terms and conditions ("Terms", "Agreement") constitute a legally binding agreement between Health Water Bottling Company, a company with its registered office at P.O. Box 2948, Riyadh 11461, Saudi Arabia (Commercial Registration Number 1010007662) ("Nova Water", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement governs your use of the Nova Water mobile application ("Nova Application") in Saudi Arabia. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE NOVA APPLICATION. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE NOVA APPLICATION. Your access and use of the Nova Application constitute your agreement to be bound by this Agreement, which establishes a contractual relationship between you and Nova Water. Nova Water may immediately terminate this Agreement with respect to you, or generally cease offering or deny access to the Nova Application or any portion thereof, at any time for any reason without notice. Additional terms may apply to certain promotions, and such terms will be disclosed to you in connection with the applicable promotions. Additional terms are in addition to, and shall be deemed a part of, this Agreement for the purposes of the applicable promotions. Additional terms shall prevail over this Agreement in the event of a conflict with respect to the applicable promotions. Nova Water may amend this Agreement from time to time. Amendments will be effective upon Nova Water’s posting of an updated Agreement at this location. Your continued access or use of the Nova Application after such posting constitutes your consent to be bound by this Agreement, as amended. Our collection and use of personal information in connection with the Nova Application is as provided in Nova Water’s Privacy Policy located at https://www.novawater.com Nova Water may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a third party provider and such information or data is necessary to resolve the complaint, dispute or conflict.
If you create an account in the Nova Application, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
We do not own any data, information or material ("Content") that you submit in the Nova Application in the course of using the Service. You must be at least 18 years of age to obtain an Account. Account registration requires you to submit to Nova Water certain personal information, such as your name, address, mobile phone number, gender and age. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Nova Application, including your ability to request access to your personal information or to opt in or out of marketing preferences, or Nova Water’s termination of this Agreement with you. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor and review Content in the Nova Application submitted or created using our Services by you. Unless specifically permitted by you, your use of the Nova Application does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose. But you grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. Materials posted on the Nova Application are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Nova Application, or by anyone who may be informed of any of its contents. We aim to update the Nova Application regularly and may change the content at any time. If the need arises, we may suspend access to the Nova Application and the Services or close them indefinitely. Any of the material on the Nova Application or the Services may be out of date at any given time, and we are under no obligation to update such material. From time to time, Nova Water may offer you incentives to refer new users to the Nova community (the “Referral Program”). These incentives may come in the form of Nova credits, and Nova Water may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion.
Nova Water will retain your personal data only for as long as is necessary for the purposes set out in this Terms and Conditions. We will retain and use your personal data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies. Nova Water will also retain usage data for internal analysis purposes. usage data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods.
We perform regular backups of the Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.
Although the Nova Application may link to other mobile applications, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked mobile application, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their mobile applications. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any mobile application which you access through a link from the Nova Application. Your linking to any other off-site mobile applications is at your own risk.
You acknowledge that portions of the Services may be made available under Nova Water’s brand or request options, including transportation request, the logistic request and the e-wallet brand. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain Affiliates; or (ii) independent third party contractors, including transportation network company drivers or holders of similar transportation permits, authorizations or licenses.
If the User wishes to cancel the order, they must submit a cancellation request before the mentioned delivery date in the order at least 24 hours in advance and notify Nova Water. If the cancellation meets the above conditions, Nova Water refund policy will be applied, which takes no less than three business days.
The refunded amounts will be returned to the User's electronic wallet, and from there, they will be transferred to the User's bank account.
Nova Water would like to point out that the refunded amounts in the electronic wallet cannot be used to purchase another order through the application.
The timeframe for refunding the due amounts varies depending on the payment method chosen by the User, and can be by one of the following methods:
1- Mada cards: The refund’s duration ranges between (24-72) business hours.
2- Credit cards: The refund’s duration can be up to (21) days.
3- STC Pay card: Refunded amounts are returned within (24) business hours.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Nova Application or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related mobile application, other mobile applications, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related mobile application, other mobile applications, or the Internet. We reserve the right to terminate your use of the Service or any related mobile application for violating any of the prohibited uses.
This Agreement does not transfer to you any intellectual property owned by Nova Water or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Nova Water. All trademarks, service marks, graphics and logos used in connection with the Nova Application or Services, are trademarks or registered trademarks of Nova Water or Nova Water licensors. Other trademarks, service marks, graphics and logos used in connection with the Nova Application or Services may be the trademarks of other third-parties. Your use of our the Nova Application and Services grants you no right or license to reproduce or otherwise use any Nova Water or third-party trademarks. Subject to your compliance with this Agreement, Nova Water grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to: (i) access and use the Nova Application on your personal device solely in connection with your use of the Nova Application; and (ii) access and use any content, information and related materials that may be made available through the Nova Application, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Nova Water and Nova Water’s licensors.
To the fullest extent permitted by applicable law, in no event will Nova Water, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for : any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Nova Water has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Nova Water and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Nova Water for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose. Nova Water and its Affiliates expressly disclaim any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your account or you suspect any other breach of security, you agree to notify us immediately.
You agree to indemnify and hold Nova Water and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Nova Application or Services or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Saudi Arabia without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Saudi Arabia. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Riyadh, Saudi Arabia, and you hereby submit to the personal jurisdiction of such courts.
All product prices displayed on product page are rounded up to two decimal digits, but actual order total is calculated on four decimal digits. You may not assign or transfer your rights under this Agreement in whole or in part without Nova Water’s prior written approval. You give your approval to Nova Water for it to assign or transfer its rights and obligations under this Agreement in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Nova Water’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Nova Water as a result of the contract between you and Nova Water or use of the Nova Application. If any provision of this Agreement is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of this Agreement but the legality, validity and enforceability of the other provisions in this Agreement shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of this Agreement. This Agreement constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may write a letter to Health Water Bottling Company, P.O Box: 2948, Riyadh 11461, Saudi Arabia This document was last updated on January 5, 2022