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Terms of User Agreement

This document is an electronic record in terms of Information Technology Act, 2000 and rules made there under as applicable and 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 user agreement for access or usage of www.theroots.in website.

Your use of a the roots website {including www.theroots.in (hereinafter referred to as the “Website") and its related sites, services and tools} is governed by the terms and conditions as contained in this Agreement applicable to the Website and for other websites of Roots Decor India Private Limited and our subsidiaries and business affiliates. Theroots.in is an internet based marketplace platform portal owned and operated by Root’s Decor India Private Limited; a company incorporated under Companies Act, 1956 having its registered office at Root’s Decor India Private Limited, 319,3rd floor, Iscon Emporio, Near Star Bazar, Jodhpur Cross Road, Satellite, Ahmedabad, Gujarat - 380015, India.

For the purpose of this User Agreement, Registered User / Guest User and wherever the context so require '“you”, “your” shall mean any natural or legal person who is accessing the Website, its contents and using the services offered on or through the Website and has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as Registered User / Guest User using the computer systems of the Website and accepted this electronic version / electronic record of the User Agreement and has allocated himself/herself a unique identification user name ("User ID" and "Password") to become Registered User or have been identified as Guest User by providing phone number and email id. Further, reference to “we”, “us”, “our” and “The root’s” shall mean Roots Decor India Private Limited (theroots.in) and includes its associates, affiliates and subsidiary.

The use of the Website is offered to you conditioned on your ‘Acceptance’ of all the terms, conditions and notices contained in this User Agreement. Upon “Acceptance”, this User Agreement shall be effective and binding upon you along with any amendments made by The Roots at its sole discretion and posted on the Website and you shall not claim invalidity of this User Agreement merely on the grounds that this MOU is being concluded electronically. For the aforesaid purposes, 'Acceptance' shall mean your affirmative action in clicking on 'check box' and on the 'continue button' as provided on the registration page or clicking on 'Buy Now' button while transacting as Guest User or any act which reflects your use of the Website or the services provided by the Website or any such other actions that implies your acceptance You hereby further agree that this User Agreement is being concluded and executed at Ahmedabad, Gujarat, India.

Amendments

When you use any of the services provided by us through the Website, including but not limited to Product Reviews, Seller Reviews etc., you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this User Agreement and shall be considered as part and parcel of this User Agreement. We reserve the right, at our sole discretion, to change, modify, add or remove portions of the User Agreement, at any time without any prior written notice to you. It is your responsibility to review this User Agreement periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with the provisions of this Agreement, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

By accepting this User Agreement, you also accept and agree to be bound by Theroots.in Rules and Policies as provided from time to time in the following hyperlinks: https://theroots.in/privacy-policy-cookie-restriction-mode/

Membership Eligibility

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not sell, purchase or bid for any items on the Website except through your legal guardian or parents who have registered as users on the Website or can use the Website as Guest User.

SERVICE AND NETWORK

Your are agree that www.theroots.in is a market platform and lots of vendor/seller selling his/her products and services on this platform by his/her own virtual store. At theroots.in we will not directly deliver any products and services to end-user in India It will be deliver by our seller partner /vendor which is clearly describe at product page and on order billing mailer. Roots Décor India Private Limited is not be liable for any claims, losses, legalization relating to any products and services ordered from you at www.theroots.in to our vendor/seller. We recommended you please refer all policies and agreement of our seller/vendor before conforming any products and services order because each and every seller and vendor have different products and services and they also apply his/her own policies and agreement to end-users.

If you use the Website as Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. If you use the Website as a Guest User you are responsible for maintaining the confidentiality of your email ID and phone number and restricting access to your computer, computer system and computer network. You are responsible for all activities that occur under your User ID and Password (if registered) or email id and phone number (if Guest User) as the case may be. Also as a Guest User, you shall ensure the physical security and possession of your phone, the details of which are used to transact services with theroots.in. You also agree below mention points, to:

  • 1. Provide true, accurate, current and complete information about yourself as prompted by theroots.in registration form or provided by you as Guest User (such information being the "Registration Data")
  • 2. You must not include any of your contact details such as email addresses etc in your User ID while registering as Registered User; and
  • 3. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times;
  • 4. You must immediately notify us of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete or theroots.in has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, theroots.in has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website. Theroots.in shall not be liable for any loss or damage arising from your failure to comply with this Clause.
  • 5. Electronic Execution and Communications when you use the website or send emails or other data, information or communication to theroots.in, you agree and understand that you are communicating with theroots.in through electronic records. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the website or through any other of our services. You agree that all the agreements, notices, disclosures and other communications that we provide to you electronically shall be deemed adequate service of notice/electronic record and satisfy any legal requirement that such communication be in writing.
Use of the Website

Theroots.in has no control over the third party user generated contents and does not provide any guarantee with respect to any such content and theroots.in shall not be held liable for any loss suffered by you based on your reliance on or use of such data/content.

Your use of the Website implies that you agree with the terms of the User Agreement. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and Rules and Policies as displayed on the Website, please do not click on the "check box " and/or on the "continue" button and/or "Buy Now" button and do not seek to obtain access to or otherwise use the Website.

In terms of Information Technology (Intermediaries Guidelines) Rules, 2011 you agree and undertake that you shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:

  • 1. belongs to another person and to which you do not have any right;
  • 2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
  • 3. Harm minors in any way;
  • 4. Infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
  • 5. Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
  • 6. violates any law for the time being in force;
  • 7. Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • 8. Impersonate another person;
  • 9. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
  • 10. Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
  • 11. Shall not be false, inaccurate or misleading;

You release and indemnify theroots.in and/or any of its shareholders, directors, officers, employees and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, theroots.in cannot control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.

Privacy policy

By using the Site and/ or by providing Your Information, you consent to the collection and use of the information you disclose on the Site by theroots.in in accordance with theroots.in Privacy Policy. You agree and acknowledge that you have read and fully understood the Privacy Policy and the terms of use agreement and contents of such Privacy Policy as mentioned in the Website is acceptable to you.

No Warranty

Theroots.in and its suppliers, affiliates and service providers provide the Website and services "as is" and without any Warranty or condition, express, implied or statutory and specifically disclaim any implied Warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your own risk.

Disclaimer

You agree that www.theroots.in does not control, endorse or accept responsibility for any products (including but not limited to online product catalogues) or services offered by directly from our seller/vendor network channel. Any direct or physically offline transaction that you may have with such our seller/vendor network ARE AT YOUR OWN RISK. Roots Décor India Private Limited does not libels or responsible for the transaction and dealing of the said products and services by you.

Theroots.in specifically disclaims any liability with regard to any defective or counterfeit products purchase or services availed by you from our vendor and theroots.in shall not assume any liability if the product purchased or service availed by you from the vendor is not exactly as per specifications detailed in the purchase confirmation order.

The Website and/ or services contain views, opinions and recommendations of users of the Website and/ or Services, advertisers, third party information providers and organizations. The Website does not warrant, represent and/or endorse the correctness, authenticity, accuracy, completeness, reliability and/or validity of any opinion and/or other information displayed, uploaded, distributed, posted, emailed, transmitted and/ or otherwise contributed through the Website and/ or services by anybody other than the Company.

Limitation of Liability

In no event shall theroots.in or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages.

Theroots.in’s liability in any circumstance is limited to the amount of particular product, if any, paid by you to Theroots.in. www.theroots.in, its associates vendor/seller, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the website will be error free and/or uninterrupted. Consequently, www.theroots.in assumes no liability whatsoever for any monetary or other damage suffered by you on account of:

  • (a) The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website;
  • (b) Any interruption or errors in the operation of the Website.
  • (c) Any products lost or broken or unusable due to any network problems such as breakdown during transportation, loading – unloading by labors, our recommended associate vendor labors work during final application of products, natural products color variations after final application of products. Any dispute in connection to the same shall be settled between the end user and vendor/seller network without involving our company “Roots Décor India Private Limited”. Moreover in case any disputed matter regarding technical quality of product, any claim arising on that products than our responsibility is limited to the products cost value which is paid by end user.
COUPONS TERMS & CONDITIONS

The offer contained in the electronic communication ("E-Coupons") is made by our seller/vendor .User using the E-Coupons in any manner shall be deemed to have read, understood and accepted these terms and conditions.

The value and the mode of using the E-Coupon are mentioned in the electronic communication.

The validity of E-Coupon is subject to the condition that the User remains a registered user and is neither suspended nor in violation of theroots.in Terms of Use.

E-Coupons can be redeemed only on purchases made through www.theroots.in on those listings which provides for an option of E-Coupon payments. E-Coupons shall be invalidated in case of rejection of pay1ment by Payment Gateway due to Payment Gateway’s risk containment measures. E-Coupons cannot be used to buy any item which is illegal or prohibited by theroots.in Terms of Use.

One E-Coupon can be used only for one purchase irrespective of the value of such purchase and the unutilized or underutilized value of the E-Coupons shall be forfeited and the User cannot claim any benefit or a substitute E-Coupon in lieu of the same. The purchase value of the item in excess of the value of the E-Coupon shall be paid by the User along with using the E-Coupon.

E-Coupon carries no cash value and cannot be transferred, negotiated or sold and cannot be redeemed against cash. E-Coupons cannot be combined with any other coupons or any other offer or discounts or promotions.

Arbitration

If any dispute arises between you and theroots.in or its vendor/seller during your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by theroots.in. The place of arbitration shall be Ahmedabad, Gujarat, India.

Governing Law

The User Agreement or the documents they incorporates by reference shall be governed and construed in accordance with the laws of India. All disputes arising under this Agreement between you and theroots.in or its channel partner, vendor, seller, developer, company employees, directors, branches, third party service provider shall be subject to the exclusive jurisdiction of courts at Ahmedabad, Gujarat, India.

General
  • 1. None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and theroots.in and you shall have no authority to bind theroots.in in any manner whatsoever.

Entire Agreement: This Agreement sets forth the entire understanding and agreement between you and theroots.in with respect to the subject matter hereof. Assignment: You cannot assign or otherwise transfer this User Agreement, or any rights granted here under to any third party. Theroots.in may transfer its rights and obligations (also known as "assign") under this Agreement without your prior express consent, provided that Theroots.in assigns the Agreement on the same terms or terms that are no less advantageous to you.