In terms of Information Technology Amendment Act, 2008, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
- These terms constitute a binding contract between customer (“you/ your/ user”) and Createcomm Tech Pvt. Ltd. (“Createcomm/ us/ our/ we”) with regard to your use of its website www.justmyroots.com/ www.Createcomm.com (“website”) and the use of various services (“contracted services/ interstate food distribution/ food delivery”) provided by us. It is clarified that by using the website or by availing the contracted services it constitutes an acknowledgment and acceptance of the terms.
- Further, these terms, along with other information in our brochure or on our website to the extent of services availed, set out the terms and conditions of the contract between the customer and Createcomm and depict your and our contractual obligations to each other.
- The terms ‘Party’ and ‘Parties’ shall respectively be used to refer to the customer and Createcomm individually and collectively, as the context so requires.
- The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained with them in any manner. Further, the headings have no legal or contractual value.
- To fully avail the services of the Website, registration is required. The use of this website is not limited to those above the age of 18 and is applicable to all barring those ‘Incompetent to Contract’ which inter alia include insolvents under the Indian Contract Act, 1872.
- Further, at any time during your use of this Website, including but not limited to the time of registration, you are solely responsible for protecting the confidentiality of your username and password, and any activity under your account shall be deemed to have been done by you. In the case that you provide us with false and/or inaccurate details or the Website has reason to believe you have done so, we hold the right to permanently suspend your account.
4. WEBSITE AS AN INTERMEDIARY PLATFORM
The Website is a platform that users utilize to meet and interact with one another for their transactions. We are not a party to such interaction and take no liability that arises from any such communication.
- All communication which inter alia include the contract, its terms, your obligations, the sellers obligations, prices, etc., are outcomes of the communication between the seller and you. This includes, without any limitation, the prices, shipping costs, payment details, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. We do not have any control over such information and play no determinative role in the finalization of the same and hence do not stand liable for the outcomes of such communication.
- We do not endorse any of the products offered for sale on the website nor place any guarantee as to its nature, price, quality, etc.
- Subject to the above sub-clauses, a contract exists between the seller and the buyer and as such any breach of contract and thus, any claim arising from such breach is the subject matter of the seller and the buyer alone and we are in no way a party to such breach or involved in any suit arising from the same breach. The contact/communication arising from such breach may entail between the seller and the buyer directly without us being involved.
- As the buyer, you are expected to check the creditworthiness of the seller and the genuineness of the products offered by them. We are not liable for the same.
- At no point of time between communication and delivery of goods between the buyer and the seller do we come into possession of the goods or its title. The Sellers may opt to use our courier partners services for delivery.
- As the contract is limited to the seller and the buyer and not us, we are in no way liable for any deficiency of service that may arise which includes and is not limited to cancellation of order due to low stocks, defected goods, and defective nature of goods.
- As we hold no possession, nor title of the products at any time, or enter/determine the communication between the buyer and the seller or determine its outcome, the contract is purely a bipartite contract between the buyer and the seller and we are not responsible for claims arising from such a contract.
Disclaimer: Due to some technical issue, typographical error or product information published, Pricing on any product(s) as is reflected on the Website by the seller may be incorrectly reflected and in such an event seller may cancel such your order(s).
- You release and indemnify us and/or any of our officers and representatives from any cost, damage, liability or other consequence of any of your actions with respect to the Website and specifically waive any claims that you may have in this behalf under any applicable law. Please note that there could be risks in dealing with underage persons or people acting under false pretence.
The membership of this website is free of cost and this includes the browsing of the site and the use of the services. However, we reserve the right to amend this no-fee policy and charge for the services rendered. In a case that such happens, Users will be intimated of the same, and it will be up to you to decide whether or not you will continue with services offered by us. Such changes are effective as soon as they are posted on the Site.
6. USER OBLIGATIONS
You are a restricted user of this website.
- You are bound not to Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the website. With our prior permission limited use of content may be allowed for the removal of doubt, however, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
- You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content to us at email@example.com .
- In places where this website allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
- Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
- Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
- Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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;
- Post any file that infringes the copyright, patent or trademark of other legal entities;
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
- Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the website, including any website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
- Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- Violate any applicable laws or regulations for the time being in force within or outside India;
- violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- threaten 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 cognizable offence or prevents investigation of any offence or is insulting any other nation;
- Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;
- Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
- Create liability for us or cause us to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers.
YOU ARE ORDERING THROUGH THIS WEBSITE. In no event shall We assume or have any responsibility or liability for any Content posted or illegal product ordered or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that you have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
- You understand that the contract is a bipartite contract between you and the seller using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.
- Any extension / increase in the Dispatch and/or Delivery time and the Transaction between you and the seller shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
- You, as a Buyer, shall electronically notify Payment Facility using the appropriate Website features immediately upon Delivery or non Delivery within the time period as provided in Policies. Non notification by You of Delivery or non Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash On Delivery transactions, Buyer is not required to confirm the receipt of products or services.
- As a Buyer, you shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case you do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. Such refund is time barred and in case you do not raise a refund claim using Website features within the stipulated time, you would be ineligible for a refund.
- You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence you may not be entitled to a refund in respect of the Transactions for those products and /or services.
8. 30 DAY REPLACEMENT GUARANTEE
In furtherance of our policy to provide you with a pleasant use of our website, in the case that any defect is found with the product delivered to you, as a remedy, you may seek a replacement of the said defective product(s) within 30 day of delivery of the product to you. Such a claim is subject to the following conditions:
- You will raise a claim for the same through a notification to the seller within 30 days of receiving the product and any claim arising after the elapsing of such time shall be barred.
- The replacement of the product as a whole or a part(s) of it are subject to the availability of the same with the seller. Any damage because of/ or the misuse of products, incidental damage from its defective functioning, it being tampered with, it having a deformed serial code, not covered under the warranty, is not eligible for such a replacement claim.
9. CASH ON DELIVERY
We accept payment via Cash on Delivery (COD) at the time of delivery. However, there may be a non-refundable convenience charge levied on COD purchases.
- Any COD order below Rs. 500 will be charged Rs. 60 as delivery charges.
- Likewise, COD is not available on purchases over Rs. 6,000.
- COD may not be offered by our courier partners at a few locations. Also, some of our products may not be purchased via COD.
- The COD facility may be restricted for certain customers based on our long-term experience. To know more about this, please refer to our Terms and Conditions.
- Cash on Delivery is not available for gift orders.
10. THIRD PARTY INFORMATION
11. DATA PROVIDED BY US
- From time to time, our team may post comments or articles. These articles are the Intellectual Property of the Company and you are prohibited from posting, re producing, publishing, changing, editing such articles. In the case that you have a problem with any article so posted, you may report the same via e-mail and we will look into it. We are under no obligation to remove such articles and the final decision lies with us.
- We do not provide legal, professional advice of any sort. You are advised to seek professional advice before proceeding with any action. We absolve yourself of any liability arising from your actions, and you are solely responsible for your actions.
- We take utmost care to ensure that data provided at our Website is true and accurate. Sometimes, system errors creep in and data generated by other users may be false and we are not responsible for any such data.
- We are not in any way liable to you, for any loss arising to you from activities that include but are not limited to our negligence, breach of contract, IP and trademark infringement, breach of laws, etc.
- From time to time, our Website will have external links connected to other websites. We in no way endorse these websites. We are in no way liable for the information found on those websites. External websites may have their own policies and we in no way are responsible for any loss or damage caused by the same to you. You are advised to use your own discretion in the navigation and use of external sites.
- As specified above, we provide the service of training users for interviews and also conduct workshops. This is no way can be extended to guarantee the user success in the interview. The performance of the user is solely based on him, and the user cannot hold us liable for any outcome of the interview or use of material and information acquired through workshops or interactions between us and you.
12. INDEMNIFICATION AND LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE VENDOR OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
13. DISCLAIMER OF WARRANTIES AND LIABILITIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE IS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT:
- YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
- MATERIALS, INFORMATION OBTAINED AND RESULTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
- ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. WE ALSO DISCLAIM ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. WE ACCEPT NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES. WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
14. COMPLIANCE WITH LAWS:
Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued thereunder and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and the website.
15. DISPUTE RESOLUTION
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising here from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Clause shall survive even after the termination or expiry of the Terms and/or Policy.
- Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed herein below;
- Arbitration. In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of New Delhi.
- The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at New Delhi shall have exclusive jurisdiction over any disputes arising between the Parties.
16. MISCELLANEOUS PROVISIONS
- Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between You and Us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
- Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
- Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.