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Terms of Use

General

This document is an electronic record in terms of (i) Information Technology Act, 2000; (ii) the rules framed there under as applicable; and (iii) the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of Our website rootedcompany.co(“Portal”).

The Portal is owned, registered and operated by “RootedObjects Private Limited”, a private limited company having its place of business at 314, Raheja Arcade, Koramangala, Bangalore – 560095, Karnataka.

These terms of usage (“Terms of Use”) read along with the Privacy Policy constitute a legal and binding agreement between you and RootedObjects Private Limited and govern Your use of the Portal and Services (as defined below) provided through the Portal. By using or visiting the Portal, or by using any content or information provided as part of the Portal/Services, You shall be deemed to have read, understood and accepted to be bound by these Terms of Use.

For the purpose of these Terms of Use, wherever the context so requires "You", “Your”, “User” or “Customer” shall mean any natural or legal person who uses the Portal for availing the Services. The term “We”, “Us”, “Our” shall mean RootedObjects Private Limited.

We reserve the right to make changes to these Terms of Use at any time. Any such modifications will become effective immediately upon posting to the Portal and Your continued use of the Portal, and/or the Services constitutes Your agreement to such modifications. You agree to periodically review the current version of these Terms of Use as posted on the Portal.

User Account

In order to access or use the Portal, You must be 18 (eighteen) years or older and have the requisite power and authority to enter into these Terms of Use. You may not access or use the Portal if We have previously banned You from the Portal or closed Your account.

You may use the Portal and avail the Services offered by RootedObjects Private Limited through the Portal as a guest user (“Guest User”) without having to register Yourself as specified below. Users may also register themselves as members on the Portal (“Members”) and subscribe to plans that are offered through the Portal.

You may register on the Portal by providing certain basic information such as Your first name, last name and email address (“Questionnaire”). We reserve the right to make changes to the questions in the Questionnaire at any point and such changes will be notified to You via e-mail or on the Portal. You may also register on the Portal using a third party website or portal such as Google and Facebook.

Upon registration, You will be provided with an account (“User Account”) and an account tab on the Portal. You may amend/change Your information associated with Your User Account, by logging into Your User Account on the Portal. The manner in which we collect, use, store or disclose Your personal information and sensitive personal information collected on the Portal, if any, has been outlined in our Privacy Policy available here.

You shall be responsible for maintaining the confidentiality of Your username, account password and You shall be responsible for any and all activities that occur in connection with Your User Account. Under no circumstances shall RootedObjects Private Limited be liable for any loss or damage arising from Your failure to comply with this clause.

While creating Your User Account, You agree to provide complete and accurate information about Yourself. You may not impersonate any third party to create or use an account for anyone other than Yourself OR provide an email address other than Your own OR create multiple accounts.

You shall not allow: (a) any other person to share Your User Account; (b) any part of the Portal being cached in proxy servers and accessed by individuals who have not registered as Users of the Portal; and (c) access to the Portal through a single account and password being made available to multiple users on a network.

Services

The Portal is an e-commerce website which allows sale and purchase of mens/womens/kids apparel, beauty and home products(“Product(s)”) produced by third party manufacturers (“Vendors”). Users may log in and access the Portal in order to browse Product(s) and place an order for Product(s) that they wish to buy from the Portal by adding Product(s) to his/her cart. Upon filling the cart, the User shall click on the Checkout button at which time the User will be directed to a third party payment gateway in order to complete payment for the order placed on the Portal. Upon completion of payment, the User will get an acknowledgement via e-mail confirming the order. The order will then be picked up and shipped to the User by a third party carrier within 3 to 4 days (unless an alternate lead time is explicitly stated) of payment (collectively referred to as “Services”). in the event of a conflict between the estimated delivery time specified in this clause and the estimated delivery time specified along side the Product, the delivery time specified on the Product's page would apply to the Product(s). Furthermore, the actual delivery time of the Product(s) may differ from the estimated delivery time of the basis of certain factors which may include, but not be limited to: (a) The availability of the Product(s) and (b) The delivery address.

In the unlikely event that We are unable to ship the Product(s) to the User within the said amount of days , the User will be duly notified of such delay via e-mail and/or SMS at the earliest.

Shipping rates as specified at the time of checkout would apply to all product(s).

Apart from sending You information regarding Your account activity and purchases, we may also share updates about the Products on Our Portal and promotional offers from time to time. You can opt out of Our promotional emails anytime by clicking the UNSUBSCRIBE link at the bottom of any of Our email correspondences or through your account tab. We shall have no responsibility in any manner whatsoever regarding any promotional emails or SMS sent to You. The offers made in those promotional emails or SMS shall be subject to change at Our sole discretion with or without prior intimation to the Users.

Fraud and Improper Conduct

You may only access the Portal for availing the Services that are offered by RootedObjects Private Limited. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to Your use of the Services. You agree that You will not in any way:

  • interfere with the ability of others to access or use the Portal and the Services;
  • disrupt the normal flow of communication or otherwise act in a manner that adversely affects other users' ability to use the Portal or the Services;
  • claim a relationship with or to speak for any individual, business, association, institution, or other organization for which You are not authorized to claim such a relationship;
  • interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
  • upload or post or use the Service to transfer, any content or other material that contains or constitutes viruses, Trojan or other code with malicious, disruptive and/or destructive features;
  • You shall not attempt to gain unauthorized access to any hardware or software systems or networks associated with the Service, or obtain any services or information not intentionally made available to You by RootedObjects Private Limited on or through the Service; and
  • You shall not attempt to gain unauthorized access to the account of any other user or entity, or otherwise interfere with any other user's or entity's use of the Service.

Pricing and Payment:

Prices for Products, shipping and other related expenses shall be displayed on Our Portal and shall be paid for in the currency specified alongside the Product(s). Please note that the prices, Products and Services may change at the sole discretion of RootedObjects Private Limited.

Customers can make online payments for their orders by using: (i) their debit card/credit card; or (ii) Net banking.

You understand, accept and agree that We will be using the services of a third-party payment gateway service provide in order to help facilitate payments through the Portal. You acknowledge that You will also be bound by the terms and conditions specified by such payment gateway service provider. We do not collect any information regarding your debit/credit card or net banking details used on the payment gateway. The payment facility provided by Us, is neither a banking nor financial service. You further agree that, while availing any of the payment options as specified above, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to: (a) lack of authorization for any transactions; or (b) any payment issues arising out of the transaction; or (c) Decline of such transaction for any reason.

Delivery

You accept and understand that all shipments will be handled by a third party delivery carrier. You accept that You will be bound by any additional terms and conditions set out by such carrier. We shall not assume any liability for any loss or damage incurred by you on account of the actions of the carrier. These actions may include, but not be limited to: (a) misplacement of the Product(s) by the carrier; (b) delay in the delivery of the Product(s) attributable to the carrier’s actions.

RootedObjects Private Limited will make a maximum of 2 attempts to deliver Your order. In the event the Customer is not reachable or does not accept delivery of Product(s) in these attempts, RootedObjects Private Limited reserves the right to cancel the order(s) at its discretion and shall refund any payment received in relation to such order, if any, to the User after deducting applicable shipping and return costs.

An estimated delivery time shall be displayed on the order summary page. Upon placing Your order, You will receive an e-mail containing a summary of the order as well as the estimated delivery time to Your location.

Please note that if an estimated delivery date falls on a day which is not a working day or on a national or public holiday, the delivery date will accordingly be adjusted to the next available working day on which the logistics service provider provides its services.

Sometimes, the delivery of Your order may take longer than the estimated timelines due to third party delays or on the occurrence of a Force Majeure Event. In such an event, RootedObjects Private Limited shall attempt to intimate You about such delay in delivery of Your order via e-mail.

For the purpose of this Terms of Use, “Force Majeure Event” means, an act of God, war, civil disturbance, strike, lockout, act of terrorism, natural disaster, fire, explosion or legislation or restriction by any government or other authority, or any other similar circumstance beyond the control of RootedObjects Private Limited and/or third party carrier, which has the effect of wholly or partially suspending the obligations hereunder of RootedObjects Private Limited during the continuance and to the extent of such prevention, interruption or hindrance.

Cancellation and Refund Policy

In the event, the User intends to cancel his/her order, he/she shall communicate such request for cancellation and refund before the Product has been shipped (“Cancellation and Refund Period”). Upon receipt of a cancellation request within the Cancellation and Refund Period, and the same being confirmed by us in writing, the order shall stand cancelled.

Upon cancellation, RootedObjects Private Limited shall send a confirmation e-mail initiating the refund of payment received in relation to such cancelled order, if any. Please note that RootedObjects Private Limited may take up to 7(seven) business days to initiate the User’s refund.

For payments made by the User through credit card or debit card, RootedObjects Private Limited shall raise a request with its respective payment gateway service provider within 7 (“Cancellation and Refund Period”) working days and the refund amount will be refunded to the appropriate credit card/debit card account of the User after deduction of service charges.

For payments made by the User through his/her e-wallet account, RootedObjects Private Limited shall credit the refund amount to the e-wallet account of the User. We do not issue cash refunds for any items.

Under no circumstances shall RootedObjects Private Limited accept a request for cancellation and refund that is received beyond the Cancellation and Refund Period.

Return and Exchange Policy

Users may return Product(s) purchased from the Portal for any reason other than those specified below, provided (a) such request is raised within 7(seven) calendar days from the date of delivery of the Product(s); (b) the Product(s) is/are in its original packaging and the User has not used, altered or damaged the Product(s) in any manner. No additional charges such as return shipping charges shall be made applicable on the User for orders above INR 2,000 (Rupees Two Thousand Only).

The Users may raise a request for exchange within the warranty period of Product(s) specified by the Vendor only for reasons mentioned below:

  1. Manufacturing, Material and/or Workmanship defects;
  2. Wrong Product received by the Guest User/ Member for a purchase from the E-store; and/or
  3. Damaged Product received by the Guest User/ Member.

Requests for return or exchange for the following reasons will not be entertained:

  1. Damage to Product(s) due to normal wear and tear;
  2. Damage to Product(s) due to rips and tears;
  3. Any form of fabric fading;
  4. Damage to Product(s) due to abrasions on well worn areas;
  5. General breakdown of Product(s) over time;
  6. Abuse, misuse, neglect, negligence, accident, improper try on, improper installation, improper storage, improper handling, abnormal environmental conditions or use contrary to any instructions issued by the Vendor;

Users may initiate requests for return or exchange by writing an e-mail to hello@rootedcompany.co. Subsequently, Users may courier the package to Us at: RootedObjects Private Limited, 314, Raheja Arcade, Koramangala, Bangalore – 560095, Karnataka. along with a short description of the issue that the User has identified with the Product(s). In the event of an exchange request, the User shall specify the size/colour required and mention the User’s address to which the repaired/ replace Product(s) must be sent.;

Upon receiving the returned Product(s), in the event of an exchange, an investigation will be conducted and in the event of a genuine issue with the Product(s), the Product(s) shall either be repaired or in case the Product(s) is/are irreparable, the Product(s) shall be replaced at no extra cost to the User.

All requests for return or exchange shall be processed by RootedObjects Private Limited within 7 business days after satisfactory completion of the quality check of the Product(s).

While returning the Product, please ensure that:

  1. The tags on the Product are intact;
  2. The Product must not have been used;
  3. The Product should be unwashed, unused and in an undamaged condition (not applicable if the Product delivered was damaged already); and
  4. The Product should be returned along with the original packaging.

In the event, You are returning/exchanging a Product for reasons specified above, all expenses that you may incur for couriering the Product to RootedObjects Private Limited shall be solely borne by the Vendor provided the issue faced by the User is found to be genuine after a due investigation. In the event that the Vendor, after an investigation, concludes that the issue faced by the User is not genuine, the User shall solely bear all shipping expenses.

In the event of unavailability of the Product(s) in the desired size/colour, We will provide You with a Product that is of comparable price and style at Our discretion, subject to User’s confirmation. In the event User does not confirm the alternate suggestion, refund for the Product(s) will be issued.

Obligations of the User

You may make Your payments against the invoice issued by RootedObjects Private Limited through online payment by using your debit card/credit card or by using the e-wallet option as specified in the Payment section above.

In the event of a failed transaction wherein the money is debited from Your account but the same has not been credited to RootedObjects Private Limited ’s account, You may provide RootedObjects Private Limited with the relevant transaction details to validate such transaction, following which, RootedObjects Private Limited shall take necessary steps to track such transaction.

In the event a feedback, a comment or any communication made by the User on the Portal or on any social media platform (such as Facebook, Instagram etc.) made available to the User on the Portal contain profanity or abusive language, RootedObjects Private Limited shall have the right to suspend the User’s account temporarily or indefinitely and/or issue a formal warning to such User and take necessary legal action against such User.

You agree to (a) immediately notify RootedObjects Private Limited of any unauthorized use of Your account information or any other breach of security, and (b) ensure that You logout from Your Account at the end of each session. RootedObjects Private Limited shall not be liable for any loss or damage arising from Your failure to comply with this clause.

User Feedback/Comments/Suggestions

We encourage Users to submit/ post/ share their comments/ suggestions/ opinions/ feedback etc. (“User Feedback”) with Us.

The User agrees and acknowledges that:

  1. The User Feedback does not contain any confidential information or is not in violation of any third party right including intellectual property rights;
  2. The User Feedback shall not be unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or is otherwise inappropriate as under Applicable Law.
  3. We are not under any obligation of confidentiality, express or implied, regarding the User Feedback;
  4. We reserve the right to use or disclose such User Feedback for any purpose, in any way, as We deem fit;
  5. We are not obligated to review the User Feedback; and
  6. We reserve the right to reject, remove, delete or edit such User Feedback, at any time, without any reason, without providing any notice.

Grievances

In accordance with the Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are Name: Mr. Kiran Nambiar, 314 Raheja Arcade, Koramangala, Bangalore 560095. E-mail: grievances@rootedcompany.co. Phone Number: +91 88849 88666

Intellectual Property Rights

Copyright:

All content included on the Portal and delivered to Users as part of the Services, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, code, and software used on or incorporated into the Portal, is the property of RootedObjects Private Limited, and is protected by the applicable intellectual property laws. The compilation of all content on this Portal is the exclusive property of RootedObjects Private Limited. You agree not to decompile, reverse engineer or disassemble any content accessible through the Portal, not to insert any code or product or manipulate the content of the Portal in any way that affects the User's experience, and not to use any data mining, data gathering or extraction method. We reserve the right to terminate our engagement if We, in our sole and absolute discretion, believe that You are in violation of this clause.

RootedObjects Private Limited’s content available on or via the Portal, are provided to You as is for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of RootedObjects Private Limited. RootedObjects Private Limited reserves all rights, not expressly granted in and to the Portal.

Trademarks:

rootedcompany.co is the registered domain of RootedObjects Private Limited. The Portal, including, but not limited to its text, graphics, logos, the name ‘Rooted Company’, button icons, images, scripts and service names constitute trade marks/trade dress of RootedObjects Private Limited. The trademarks, domain names and trade dress of RootedObjects Private Limited shall not be used in connection with any product or service that is not affiliated with RootedObjects Private Limited in any manner that is likely to (a) cause confusion among Users or potential Users; or (b) dilute the rights of RootedObjects Private Limited; or (c) to disparage or discredit RootedObjects Private Limited.

Warranty for Your submission to the Portal:

As between You and RootedObjects Private Limited, You own the information You provide to RootedObjects Private Limited, and You may request its deletion at any time. Any information You submit to Us is at Your own risk. By providing information to Us, You represent and warrant that You are entitled to submit such information and the same is not confidential and not in violation of any law, contractual restrictions or other third party rights (including any intellectual property rights).

Limitation and Disclaimer of Warranty

The Portal, the Services and each portion thereof are provided “as is” without warranties of any kind either express or implied. To the fullest extent possible pursuant to Applicable Laws of India, We disclaim all warranties, express or implied, with respect to the Portal, the Services and each portion thereof, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of rights.

For the purpose of this Terms of Use, “Applicable Law” shall mean, any statute, law, regulation, ordinance, rule, judgment, notification, rule of common law, order, decree, bye-law, government approval, directive, guideline, requirement or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law of any of the foregoing, by any authority in India having jurisdiction over the matter in question, whether in effect as of the date of these Terms of Use or thereafter.

RootedObjects Private Limited hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the Users, as quality of imagery cannot be taken as a final representation. The quality of any Products, Services, information, or other material purchased or obtained by you through the Portal will be as per RootedObjects Private Limited’s standards.

RootedObjects Private Limited does not warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise with respect to, the Portal or its Services. We only provide a platform that facilitates the purchase and sale of the Products and do not manufacture or produce the Products displayed on the Portal.

Under no circumstances, including, but not limited to, negligence, shall RootedObjects Private Limited be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the Portal, the Services or any portion thereof, by any person, including employees and contracted personnel of RootedObjects Private Limited.

Under no circumstances, shall RootedObjects Private Limited be liable for any direct, indirect, special, incidental or consequential loss or damages arising due to gross negligence or wilful misconduct of any third party service providers (example: payment gateway service providers, logistics service providers,Vendors etc.) empanelled by RootedObjects Private Limited for the purposes of rendering its Services.

If You are dissatisfied or harmed by this Portal or anything related the Portal, You may terminate these Terms of Use in accordance with Clause 14 below.

RootedObjects Private Limited does not guarantee that the Portal will function without interruption or errors in functioning. In particular, the operation of Portal may be interrupted due to maintenance updates, or system or network failures. In the event of interruption in accessing the Portal due to the above mentioned reasons, RootedObjects Private Limited shall inform the User of the same, and RootedObjects Private Limited disclaims all liability with respect to delay in provision of Services due to the same.

Indemnification

You agree to indemnify, defend and hold harmless RootedObjects Private Limited , and Our affiliates, officers, partners, employees, consultants and representatives, from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney's fees and related costs and expenses, due to or arising out of: (a) Your failure to comply with these Terms of Use; or (b) where any information You submit, email, or otherwise transmit to Us violates third party rights or applicable laws. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, and in such case, You agree to fully cooperate with such defence and in asserting any available defences.

Termination

RootedObjects Private Limited may terminate these Terms of Use immediately without notice in the event of any breach by You of these Terms of Use or any of our applicable policies, as posted on the Portal from time to time or upon a misuse of the Services by You.

You may terminate these Terms of Use, for any or no reason, at any point in time for any Products or Services yet to b availed by You. You acknowledge that for Products or Services already availed by You, these Terms of Use will continue to apply.

In the event of any termination or expiration of these Terms of Use, the following sections of these Terms of Use shall survive: all provisions regarding ownership of intellectual property, indemnification, disclaimer of warranties and limitations of liability, fraud or abuse, and the provisions of this section.

You agree that upon the termination of these Terms of Use, We may delete all information related to You with respect to the Services availed by You.

Severability

If any part of the Terms of Use are determined to be invalid or unenforceable pursuant to applicable laws of India, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.

General

Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and RootedObjects Private Limited in respect of the Products and Services and supersedes all previous written and oral agreements between you and RootedObjects Private Limited, if any. RootedObjects Private Limited ’s failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches.

Governing Law and Dispute Resolution

These Terms of Use shall be governed by and constructed in accordance with the applicable laws of India without reference to conflict of laws principles. The courts in Bangalore, India shall have the exclusive jurisdiction to determine any disputes arising in relation to, or under these Terms of Use.

The Users acknowledges that:

  1. RootedObjects Private Limited is not liable for any delay, damage, or loss caused by any third parties, including any third party service providers;
  2. Final Product may appear slightly different from the Product displayed on the Portal;
  3. There may be a variation in size measurements between different clothes based on the material;
  4. There may be few photographic images of clothes and apparel in the Portal which may not be sold or made available by the Portal and is solely for the usage and pictorial representation of similar Products in the Portal.
  5. The brand ‘Rooted Company’ is owned and sold by RootedObjects Private Limited.

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