TERMS AND CONDITIONS

ROOTER SHOP

1. DEFINITIONS

In these Terms, references to:

1. “Account” means the information held by Us about the Users, such information having been submitted by the User to whom the information relates, including Your personal details, wallet and other information contained in the Platform’s “Profile” section;


2. “Change of Control” shall mean: (a) any consolidation or merger of the Company with or into any other corporation or other entity or person; (b) any transaction or series of related transactions resulting in transfer of more than 50% (fifty percent) of the voting rights in the Company or existing equity shares; or (c) a sale of all or substantially all of the assets of, other than any transaction or series of related transactions which is primarily for the purpose of financing the Company or a reincorporation of the Company.


3. “Intellectual Property” shall mean and include but not be limited to any invention (whether patentable or unpatentable and whether or not reduced to practice), any improvement thereto, and any patent, patent application, and patent disclosure, together with any reissuance, continuation, continuation-in-part, revision, extension, and re-examination thereof; any trademark, service mark, trade dress, logo, trade name, and corporate name, together with any translation, adaptation, derivation, and combination thereof and including any goodwill associated therewith, and any application, registration, and renewal in connection therewith; any copyrightable work, any copyright, and any application, registration, and renewal in connection therewith; any mask works and any application, registrations, and renewals in connection therewith; any trade secret and confidential business information (including any idea, research and development, know-how, formula, compositions, manufacturing and production process and technique, technical data, technical know-how design, drawing, specification, customer and supplier lists, pricing and cost information, and business and marketing plans and proposals); any computer software (including data and related documentation), databases, programming, codes and schemes; any other proprietary right; any copies and tangible embodiments thereof (in whatever form or medium); any license or sublicense of an intellectual property right, whether exclusive or non-exclusive to Us; internet domain name registrations and rights; and any software, features, design, programming, application, development work and/or promotion, advertising which in any way contributes/supports, tests, helps the business of the Company whether developed by a third party or by the Company.


4. “Login Details” means Your credentials including but not limited to passwords including your one-time passwords (OTP) relating to the login of the Account used by You to access certain functionalities of the Platform;


5. “Product” means the merchandise sold by different registered sellers to the Users through the Platform.


2. ELIGIBILITY TO USE


1. You specifically agree that by using the Platform, You are at least 18 (eighteen) years of age, subject to Clause 2.2 of these Terms, and are competent under law to enter into a legally binding and enforceable contract. Further, You warrant that You have not been temporarily or indefinitely suspended from using the Services.


2. As a minor if you wish to use or transact on the Platform, such use or transaction shall only be made by a person of legal contracting age (legal guardian or parents). We reserve the right to block access to your Account under this Platform if it is discovered that you are a minor or incompetent to contract according to the law or any information pertaining to your age entered at the time of creation of Account is false.


3. Your conduct on the Platform is subject to the laws, regulations, and rules of any applicable governmental or regulatory authority, including, without limitation, all applicable tax, anti-money laundering laws. You shall not share the Login Details or give access to your Account to anyone else.


4. Your eligibility for use of Our Platform is contingent upon your compliance with the rules and regulations, General Terms and Conditions, Privacy Policy, and these Terms as posted on Our Platform and updated from time-to-time. In case of non-compliance, We hereby reserve the right to immediately suspend, remove your Account or terminate Your access or usage rights to our Platform or to remove any non-compliant information entered by you within your account or both, as the case may be.


5. The Company does not charge any fees for the registration and browsing of any products listed on its Platform.


3. YOUR ACCOUNT AND REGISTRATION OBLIGATIONS


1. To enable access and use of the Services listed on the Platform, You are obligated to register yourself on the Platform by providing a few personal details of Yours which may include certain personal information, including but not limited to your name, residential address, telephone/mobile number, e-mail address, date of birth, permanent account number (PAN), and information regarding your bank account such as the name of the bank, the account type, and account number. Further, such details provided by You may be verified by means of a one-time password sent to Your registered email-ID and/or mobile number by the Company.


2. While registering on the Platform or using any of the Services, You must provide current, complete, and accurate information for all required elements on the Platform. We expect that You will register your Account with fairness and honesty on the Platform. If any of the submitted details with respect to Your Account are found to be incorrect or duplicate of an existing account, the Company may suspend or terminate Your Account with immediate effect. If at any time You wish to change or update any information/details (apart from the registered mobile number) provided while registering on the Platform, the same can be updated by visiting Your profile section, through Your Account, on the Platform.


3. You are responsible to keep Your Account details up-to-date at all times and must ensure that the Login Details must remain confidential and You must not disclose it to or share it with anyone. You shall be responsible for all activities that occur through your Account on the Platform. You cannot transfer Your Account another person or entity, under any circumstances. You agree to immediately notify the Company of any unauthorized use, or suspected unauthorized use of Your Account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with the above requirements.


4. If You use the Platform, You will be responsible for maintaining the confidentiality of Your Account with respect to the password and details of the Services obtained by You and You shall be solely responsible for all activities that occur in Your Account and any consequences therefrom. You hereby agree that if any information provided by You is untrue, inaccurate or incomplete or not current, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, or not current or not in accordance with these Terms, the Company has the right to immediately and indefinitely suspend or terminate or block access of Your Account on the Platform, as the case may be.


5. You agree that You shall not (i) select or use as a username, a name of another person with the intent to impersonate that person; (ii) use as a username, a name that is otherwise offensive, vulgar or obscene. The Company reserves the right to refuse registration of or cancel a username in its sole discretion. If the Company has reasons to believe that the activities carried on through Your Account are offensive, vulgar or obscene, the Company may without providing any reason suspend or terminate Your Account and delist You from all other affiliate websites/ platforms of the Company and You shall not be able to register again on either the Platform or any affiliate website/ platform of the Company, till the time such delisting has been removed by the Company.


6. You agree and understand that You will communicate with the Company through electronic records and You consent to receive and send communications to the Company via electronic modes including email, text messages, telephonic/mobile phone calls, etc.


4. AVAILABILITY OF SERVICES

By using the Platform, You acknowledge that while We take every reasonable action to make sure that the Services remain fully functional and up to date, interruptions do happen, for any reason or no reason, including for routine maintenance, as may be required for effective functioning of the Platform. You understand and acknowledge that the Services could be interrupted, suspended, or terminated due to any reason whatsoever, without any fault of the Company and therefore we shall not be held liable in any manner whatsoever, for any loss to anyone due to such interruption, suspension, or termination of Services.

5. OBLIGATION OF USERS
1. To use the Services on the Platform, You agree:

   (a) not to use your Login Details with the intent of impersonating another person;

   (b) not to allow any other person to use your Login Details;

   (c) not to use the information presented on the Platform or provided to you by the Company for any commercial purposes;

   (d) not to do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Platform;

   (e) not to breach or circumvent any applicable laws, third-party rights, or our Platform’s policy or Your Account status;

   (f) to not do anything through the Platform which is defined as per law as a criminal offence or unlawful activity or fraudulent or illegal;

   (g) not to use the Platform for harassing any person or third party, or for making any defamatory, obscene, indecent remarks or be in breach of the Intellectual Property Rights (defined hereinafter) of any third party or act unlawfully in any other manner whatsoever;

   (h) not to infringe the Company’s rights associated with its Intellectual Property, whether registered or unregistered, (“ Intellectual Property Rights”);

   (i) not to use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to modify or interfere with Platform or access the Platform or other third-party information for any purpose;

   (j) not to interfere with the working of the Platform, in any manner whatsoever.



2. Through your use of the Platform, You shall not submit, encourage, or assist, or engage others on the Platform, to transmit, upload, post, email or otherwise make available to Us any information, photo, image, chat communication, text, software, data, music, sound, graphics, messages, videos, or other materials, in any form whatsoever (“User Submissions”), that, in the Company’s reasonable opinion, may be deemed to be offensive, illegal, inappropriate or that in any way:

   (a) belongs to another person and to which the User does not have any right;

   (b) is obscene, pornographic, paedophilic, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling, online game that causes user harm, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;

   (c) is harmful to child;

   (d) infringes any Intellectual Property Rights;

   (e) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit of the Central Government as the Ministry may, by notification published in the Official Gazette, specify;

   (f) impersonates another person;

   (g) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence, or prevents investigation of any offence, or is insulting other nation;

   (h) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;

   (i) is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game; or

   (j) violates any law for the time being in force;



3. It shall be Your duty to exit/log-out of Your Account at the end of each session. The Company shall not be responsible for any loss or damage that may result if You fail to comply with this requirement.


4. You agree not to disrupt, overburden, or aid in the disruption or overburdening of any computer or server used to offer or support the Services on the Platform, or the enjoyment of Services on the Platform by any other user or person.


5. In the event that you have a dispute with any other user, You hereby agree to keep indemnified and hold harmless the Company from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such dispute, in accordance with Clause 13 of these Terms.


6. You should regularly use reliable virus and malware screening and prevention software. We shall not bear any liability for any damage or interruptions caused by any computer viruses, spyware, or other malware that may affect your computer or other equipment, or any phishing, spoofing, or other attack. If You question the authenticity of a communication purporting to be from the Company, you should login to your Account through the Platform and not by clicking links contained in emails.


6. USER SUBMISSION


1. The User Submission provided by you is entirely your responsibility and We will not be held responsible, in any manner whatsoever, in connection with the User Submission. The Company shall in no way be held responsible for examining or evaluating User Submission, nor does it assume any responsibility or liability for the User Submission. The Company does not endorse or control the User Submission transmitted or posted on the Platform by You and therefore, accuracy, integrity or quality of User Submission is not guaranteed by the Company.


2. You understand that by using the Platform, you may be exposed to User Submission that is offensive, indecent, or objectionable to You. Under no circumstances will the Company be liable in any way for any User Submission, including without limitation, for any errors or omissions in any User Submission, or for any loss or damage of any kind incurred by you as a result of the use of any User Submission transmitted, uploaded, posted, e-mailed, or otherwise made available via the Platform. You hereby waive all rights to any claims against the Company for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Submission.


3. You hereby acknowledge that the Company has the right (but not the obligation) in its sole discretion to refuse to post or remove any User Submission and further reserves the right to change, condense, or delete any User Submission. Without limiting the generality of the foregoing or any other provision of these Terms, the Company has the right to remove any User Submission that violates these Terms or is otherwise objectionable and further reserves the right to refuse service and/or terminate Accounts without prior notice for any Users who violate these Terms or infringe the rights of others.


4. If You wish to delete your User Submission on Our Platform, please contact Us by email at support@rooter.io. and request You to include the following personal information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with Our Platform, Your reason for deleting the posting, and date(s) of posting(s) You wish to delete (if you have it). We may not be able to process Your deletion request if You are unable to provide such information to Us.


5. You acknowledge and agree that the Company may, at its sole discretion, choose to display or to remove any User Submission or any part of the same that from the Platform, and you hereby grant to the Company a non-exclusive, perpetual, irrevocable, worldwide license to do so. Additionally, You hereby grant to the Company a non-exclusive, irrevocable license to make the User Submissions available to other users of the Platform or for commercial or promotional use by the Company.


6. If you feel that any User Submission made by another user is objectionable, or unacceptable as per these Terms then please contact us using the contact details set out under these Terms. Thereon the Company shall use its reasonable endeavors to review the relevant User Submission as soon as is practicable and shall take such action as it deems necessary, if any at all.


7. PROMOTIONAL CODE

The Company may from time to time provide You with promotional codes as a part of marketing and promotional campaigns. The validity and use of such promotional codes shall be strictly subject to any relevant and additional terms which shall be made available to You upon furnishing of the promotional codes or otherwise by email.

8. PAYMENTS AND REIMBURSEMENTS


1. You understand and agree that all valid credit, debit, cash card or any other payment instruments including net banking transfers that are processed using third party payment gateways (such as One97 Communications Ltd.) or any other payment system infrastructure, are also governed by the terms and conditions agreed to between You and the respective issuing payment gateway/aggregator.


2. The payment facility provided by Us is neither a banking nor financial service but is merely for the purposes of facilitating electronic/automated online electronic payment, or for receiving payments through the modes stated in order to complete the transactions on the Platform using the existing authorized payment gateway networks. Further, by providing payment facility, We neither act as trustees nor act in a fiduciary capacity with respect to the transactions made on the Platform or the transaction price.


3. While purchasing the Product on the Platform, it may direct You to any other third-party website/ platform, You agree that You shall be bound by the terms of use, privacy policy, cookies policy and any other policy of such third party website/ platform.


9. WALLET


1. The Company enables the Users to use the fiat money Wallet, which will be exclusively hosted on the Platform (“Wallet”). The Users may choose to avail the functionality of this Wallet to undertake the transaction or undertake the transaction directly through the third-party payment gateway. The reimbursement for the transactions (owing to cancellations or refunds, if applicable) undertaken with the usage of the Wallet will be remitted solely to the User’s Wallet. It is hereby informed that the Wallet complies with the statutory regulations prescribed by the relevant regulatory body.


2. You acknowledge and agree that the fiat money available in the Wallet is non-transferable, non-exchangeable for cash, and non-convertible to any other form of credit or kind (apart from the purchase of goods through the Platform).


10. EXCHANGE, RETURNS AND REFUNDS

Presently the Company does not allow for return, refund or exchange of the products sold through its Platform. However, the Users may raise cancellation request before their order has been dispatched and left the facility of the Company. Once the product dispatched from the possession of the Company, no cancellation request will be accepted.

You may raise a cancellation request via the following route:

A. Through your profile section within Your Account; or

B. By writing to our support center at support@rooter.io.

In case of cancellation before dispatch, we initiate the refund within 7 (seven) business hours after receiving the cancellation request.

11. INTELLECTUAL PROPERTY RIGHTS


1. You shall be solely responsible for any violations of any Intellectual Property laws and for any infringements of any Intellectual Property Rights of the Company or any third party, caused by Your use of the Platform.


2. All of the Intellectual Property of the Company as mentioned on the Platform are the sole property of the Company, including all the copyrights and database in relation to the Platform.


3. The Platform and any underlying technology or software used in connection with the Platform may contain rights of the Company or its affiliates or any third-party connected thereto. For use of any third-party’s intellectual property, You may need to get permission directly from such third-party owners of that intellectual property.


4. Any Intellectual Property which is not specifically mentioned to be owned by the Company is owned by their respective owners and the owners have a right to take appropriate actions against You for any violation, infringement or passing off.


5. You confirm and undertake not to display or use the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on the Platform. You further agree to indemnify and hold the Company, its directors, employees, affiliates and assigns harmless against all costs, damages, loss and harm including towards litigation costs and counsel fees, in respect of any third party claims that may be initiated including for infringement of Intellectual Property Rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Platform, by You or through the Your commissions or omissions.


6. The Company owns all the Intellectual Property Rights relating to the Platform. Therefore, you are expressly prohibited from:

   (i) reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of Intellectual Property displayed on the Platform; and

   (ii) removing, modifying, altering or using any registered or unregistered marks/logos/designs owned by the Company. Provided that if the Company is unaware of any infringement of any third-party Intellectual Property Right at the time You submit any User Submissions, the Company shall not be liable in any way to You or any third party for any breach of such rights subsequently notified to you or the Company.



7. If You have any concerns pertaining to the Intellectual Property showcased on the Platform, kindly provide us with the following documents:

   (i) a digital or physical signature of the owner of intellectual property or the person authorized to act on behalf of the owner of the copyright work for any other Intellectual Property;

   (ii) a description of the copyrighted work or other intellectual property at issue;

   (iii) the location of the material giving rise to the issue on the Platform;

   (iv) your phone number, address, fax no. and email address; and

   (v) a statement by you that you have a bona fide belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law.



12. DISCLAIMER


1. The Company makes no warranty or representation, either expressed or implied, in relation to the correctness, completeness, or accuracy of such information or material or content, as posted by the seller on the Platform, User’s discretion is advised. The Services are provided on an “as is,” and “as available” basis, without warranties of any kind, including, without limitation: the availability, accuracy of content, information, and the warranties of merchantability, fitness for a particular purpose, and non-infringement. We expressly disclaim all such warranties. The entire risk as to the quality and timeliness of the information, and all Services provided by us is borne exclusively by you.


2. We use public data and information provided to us by third parties in order to compile each “service” as such, we rely on the providers of this information for its accuracy and correctness. We make no warranty that the Services will meet your requirements and expectations, or that the Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Services. Any access to our Platform from territories where the contents are illegal is prohibited. If you access our Platform from a location outside India, you are responsible for compliance with all local laws.


13. INDEMNIFICATION


1. You agree to indemnify and keep indemnified and hold the Company and/or its officers, directors, employees, parent companies, subsidiaries, affiliates or representatives, fully and effectively harmless, from and against any and all, either direct or indirect, losses, penalties, judgements, suits, costs, including legal costs, claims, actions, liabilities, assessments, damages and expenses incurred by or asserted against the Company and/ or their affiliates as a result of, relating to or arising from these Terms, inter alia, out of a breach or non-performance or non-adherence by You of any warranties, undertakings, obligations or representations given by Yourself, whether express or implied.


2. It is hereby clarified that the Company shall not be liable for any indirect, special and / or consequential damages arising out of these Terms. Notwithstanding any provision set forth herein, the maximum aggregate proven liability of the Company towards You shall not exceed the amount of purchase made by you on the Platform pertaining which a claim has been raised by You.


14. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by and constructed in accordance with the laws of India. Any disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at New Delhi.

15. CHANGE OF CONTROL AND ASSIGNMENT


1. If in the event there is any Change of Control of the Company, then You agree and acknowledge that You shall continue to abide by the terms and conditions as stipulated in detail in these Terms. Further, a Change of Control shall be considered as deemed assignment by operation of law for the purpose of these Terms.


2. However, You shall not assign, transfer or novate your rights or obligations under these Terms to third parties, save without the written consent of the Company, which consent may be withheld for any or no reason at Our sole discretion.


16. WAIVER

No delay or omission by Us or the User to exercise any right or power under these Terms shall impair or be construed as a waiver of such right or power. A waiver by Us or the User of any breach shall not be construed to be a waiver of any succeeding breach. All waivers must be in writing and signed by the entity/person waiving its rights.

17. MISCELLANEOUS


1. The General Terms and Conditions, these Terms, Privacy Policy (any other agreement to be added by the Company) and any other policies (collectively referred to as “Agreement”), We publish constitutes an entire agreement between the Company and Users in relation to Your access to and use of the Platform and/or Services.


2. If anything written under the Agreement such as term, provision, covenant, or condition are held by a court or regulatory body of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated unless removal of that provision results in a material change to the Terms.


3. The Company may be required under applicable law to notify You of certain events. You hereby acknowledge and consent that such notices will be effective upon the Company posting them on the Platform or delivering them to Your Account or to the email address provided by You at the time of registration. If You have not provided accurate information, the Company shall not be held liable for failure to notify You.


4. The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to any failure to perform due to unforeseen circumstances or cause beyond its control such as acts of God, war, terrorism, riots, embargoes, COVID- 19, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, pandemic, epidemic, government orders, directions, guidelines strikes, or shortages of transportation facilities, fuel, energy, labor or materials.


5. You agree that to the unless otherwise specified under any applicable law, any claim or cause of action arising out of or related to use of the Platform or these Terms must be filed within 15 (fifteen) days of such claim or cause of action arising or be forever barred from making the claim.


6. The Company may, at its sole and absolute discretion, permanently close or temporarily suspend any Services provided on the Platform and it shall not be held liable for any such permanent or temporary closure or suspension or termination.


18. GRIEVANCE REDRESSAL AND NODAL OFFICES


1. In the event You have any complaints, questions, feedback, suggestions, experience, comments and requests (“Feedback”) regarding these Terms or the Services, You may address the same to the designated grievance officer the details are provided hereunder. We have put in place a mechanism to ensure that each Feedback received is addressed, resolved and disposed-off within fifteen (15) days of its receipt.


2. Any complaints or concerns with regards to any content on the Platform or any breach of Terms or any other policy can be directed to the designated Grievance Officer in writing and the details are as follows:

   Name: Mr. Akshay Kothari

   Address: House No. 55, First Floor, East of Kailash, Community Center, New Delhi 110065 India

   Email:resident.grievance@rooter.io



3. In accordance with the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Nodal Officer is provided below:

   Name: Mr. Apoorv Jain

   Email:nodal@rooter.io