TERMS OF SERVICE
In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
The domain name
www.justmyroots.com(hereinafter referred to as "Website") is owned by
Createcomm Tech Pvt. Ltd., a Private Company incorporated under the
Companies Act 2013 (including without limitation any amendments/subsequent legislations),
having its registered office at L4A, Augusta Point, Golf Course Road, Gurgaon ,
where such expression shall, unless repugnant to the context thereof, be deemed
to include its respective legal heirs, representatives, administrators,
permitted successors and assigns.
For the purpose of
"User" shall mean any natural or legal person who accesses the
Website. The term "We", "Us", "Our" shall mean
Createcomm Tech Pvt. Ltd. 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 heading have no legal or contractual value.
The use of this
Website by You is solely governed by this policy and any policy so mentioned by
terms of reference. Moving past home page, or using any of the services shall
be taken to mean that You have read and agreed to be bound by all of the
policies.You will be subject to the rules, guidelines, policies, terms, and
conditions applicable to any service that is provided by this site, and they
We hold the sole right
to modify the Terms of Service without prior permission from You or informing
You. The relationship creates on You a duty to periodically check the terms and
stay updated on its requirements. If You continue to use the website following
such a change, this is deemed as consent by You to the so amended policies. As
non-exclusive, non-transferable, limited privilege to enter and use the
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 only and are 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 the 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.
The sharing of the
give out such contact information of yours to third parties not connected with the
Website. 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. While we do test the same at our end, however
we are not liable for the same.
The goods are in our
possession for a limited time only for Delivery. At no point of time , the
internal original packaging is tampered with. We only strengthen packaging from
JMR takes responsibility
of the products that we deliver. We have contracts with the Vendor which allows
us to ask for replacement if the product quality is verified within a
particular window. For all Perishable items,it is mandatory for the Customer to
inform us ( by mail or by whatsapp or by a phone call) within 2 hrs of
receiving the products about the quality of the product beyond which JMR does
not take any responsibility. Customer would be required to take pictures of the
product and keep for future reference. JMR will either refund or replace the
product within 7 to 10 days of information received.
You release and
indemnify Us and/or any of its officers 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. 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.
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 may be allowed
For the removal of doubt, 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
disclaims all liabilities arising in relation to such offensive content on the
Website. Further, You may report such offensive content to us at firstname.lastname@example.org
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
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;
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,
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.
Use the Website or any
material or Content for any purpose that is unlawful or prohibited by these
activity which infringes the rights of this website or other third parties;
Violate any code of
conduct or other guidelines, which may be applicable for or to any particular
Violate any applicable laws or regulations for
the time being in force within or outside India;
Violate the Terms of
Use including but not limited to any applicable Additional Terms of the Website
contained herein or elsewhere;
violate any code of conduct
or other guidelines, which may be applicable for or to any particular Service;
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
cognizable offence or prevents investigation of any offence or is insulting any
disseminate information that is false, inaccurate or misleading; violate any
applicable laws or regulations for the time being in force in or outside India;
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
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;
By using Justmyroots Services you agree to the following
· JustMyRoots is a logistics Company and does not take any responsibility of the quality, taste and freshness of the comestibles. Users of this Website understand and agree that any order placed by them is done at their own discretion and responsibility and they will be solely responsible for the same.
. The Content on these
Services is for informational purposes only. JMR disclaims any liability for
any information that may have become outdated since the last time the particular
piece of information was updated.
JMR reserves the right
to make changes and corrections to any part of the Content on these Services at
any time without prior notice.
JMR does not guarantee
the prices listed in menus or the availability of all menu items at any
restaurant. Unless stated otherwise, all pictures and information contained on
these Services are believed to be owned by or licensed to JMR. The Pictures are only for representation purpose , manufacturer reserves the right and the shape , size and the content of the product can change without pior information. However JMR takes the special effort to ensure that the product reaches in the right condition.
Please email a
takedown request (by using the "Contact Us" link on the home page) to
the webmaster if you are the copyright owner of any Content on these Services
and you think the use of the above material violates Your copyright in any way.
Please indicate the exact URL of the webpage in your request. All images shown
here have been digitized by JMR. No other party is authorized to reproduce or
republish these digital versions in any format whatsoever without the prior
written permission of JMR
licenses or permits ("Certification") or information in regard to
such Certification that may be displayed on the Restaurant's listing page on
the Platform is for informational purposes only. Such Certification is
displayed by JMR on an 'as available' basis that is provided to JMR by the
Restaurant partner(s). JMR does not make any warranties about the
validity, authenticity, reliability and accuracy of such Certification or any
information displayed in this regard. Any reliance by a user upon the
Certification or information thereto shall be strictly at such user's own risk
and JMR in no manner shall assume any liability whatsoever for any losses or
damages in connection with the use of this information or for any inaccuracy,
invalidity or discrepancy in the Certification or non-compliance of any applicable
local laws or regulations by the Restaurant partner.
Due to some technical issue, typographical
error or product information published, Pricing on any product(s) as is
reflected on the Website by seller may be incorrectly reflected and in such an
event seller may cancel such your order(s).
Shipping and Delivery Policy
JMR uses special food
grade packaging for all their packaging requirements
products are packaged in industry benchmarked packaging materials and are imported
from European countries which follows the stringent of processes and policies.
· Orders placed before 11am from any Tier-1 or Metro city that are to be delivered to another Tier-1 or Metro city would reach its consumers within 24 hours or on the next day of placing the order.
However, orders placed from any tier-2 cities, before 11am, would take 24-48 hours to reach its consumers.
· Once received, the Customers are required to heat or consume the products as per the product requirements, before consuming. Under no condition JustMyRoots shall be liable for the quality and taste of the food that is delivered to you.
You understand that
the contract is a bipartite contract between you and JMR using the Payment
Facility, and You shall pay the Transaction Price through Your Issuing Bank to JMR
using Payment Facility.
JMR uses secured 3rd
Party gateways and does not hold/save any credit or debit or banking
Any extension /
increase in the Dispatch and/or Delivery time and the Transaction between you
and JMR 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 in the right
conditions. Such refund is time barred and in case you do not raise a refund
claim using Website features within the stipulated time than this would make
You 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.
Cancellation and refund policy:
You cannot cancel an
Order once the Restaurant has provided its confirmation.
In the event You have provided incorrect
particulars, e.g., contact number, delivery address etc., or that You were
unresponsive, not reachable or unavailable for fulfillment of the services
offered to You, You will not be eligible for any refunds.
No replacement /
refund / or any other resolution will be provided without documentary evidence
Any complaint, with
respect to the Order which shall include instances but not be limited to food
spillage, foreign object in food, delivery of the wrong order, You will be
required to share the proof of the same before any resolution can be provided within 2 hours of receiving the delivery of
You shall not be
entitled to a refund in case instructions placed along with the Order are not
followed in the form and manner You had intended. Instructions are followed by
the Restaurant on a best-efforts basis.
All refunds shall be processed in the form of
Loyalty Points unless exceptions allowed by JMR
Cash on delivery
We accept payment (
only in certain locations and cases ) via Cash on Delivery at the time of
delivery. However, there may be
convenience charge levied on COD purchases.The company levies a delivery charge
for order value below min order amount. A special delivery charge is levied for
COD may not be offered
by our courier partners at 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
All Registered customers
automatically become a part of the Elite Loyalty points program of Justmyroots.
A % of the total Invoice amount is added as Loyalty Points bonus for the
customer which can be utilised by the Customer in future purchases.
Third party information
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 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 not obligated to any advice
provided and 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. 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 with 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 cause 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.
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
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 there under 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.
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
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
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 Haryana shall have exclusive jurisdiction over any disputes arising between the Parties.
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.