TERMS OF SERVICE


GENERAL
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.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of Create Comm Tech Pvt Ltd

·         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 these Terms of Use, wherever the context so requires "You" or "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 shall be deemed to be incorporated into this Terms of Use and shall be considered as part part and parcel of this terms of use.

·         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 long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.


MEMBERSHIP
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.

COMMUNICATIONS


By using this Website, it is deemed that you have consented to receiving calls, autodialed and/or pre-recorded message calls, from Us at any time with the use of the telephone that has been provided by you for the use of this website which are subject to the Privacy Policy. This includes contacting you through information received through other parties. The use of this website is also your consent to receive SMSs from US at any time we deem fit. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls. In case you wish to stop contact from Us for the same, you may send us a mail to the effect at [ ] . You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this documents and all other policies followed by Us. Such contact will be made only in pursuance of such objectives, and no other calls will be made.

·         The sharing of the information provided by you will governed by the Privacy Policy and We will not 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 outside

·         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.

 

CHARGES

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.

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 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 support@cre8comm.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:

 

o    Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;

o    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);

o    Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

o   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;

o   Post any file that infringes the copyright, patent or trademark of other legal entities.

o   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;

o   Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;

o   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;

o   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;

o   Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.

o   Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of this website or other third parties;

o   Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

o    Violate any applicable laws or regulations for the time being in force within or outside India;

o   Violate the Terms of Use including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere;

o   violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

o   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 other nation.

o   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;

o   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.

o   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 may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deems appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
USER CONTENT ON THE WEBSITE: We have no obligation, to monitor the materials posted on the Website including any articles published by You. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE. In no event shall We assume or have any responsibility or liability for any Content posted 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.

 

Disclaimers

By using Justmyroots Services you agree to the following disclaimers: 

·        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

·         Any certification, 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

·         Our Perishable 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.

 

 

Payment

·         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 informations

·         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 the order

·         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

·         a non-refundable 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 remote locations

·         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

 

Loyalty Points

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


All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party user generated content and We have no control over such third party user generated content as We are merely an intermediary for the purposes of this Terms of Use.
Other than when provided for, the use of such content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent is not allowed. The content that you post will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include  the Content You provide and are not entitled to any payment or other compensation for such use.


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.


Indemnification and limitation of liability


you agree to indemnify, defend and hold harmless this website including but not limited to its affiliate vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these terms of use. Further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the website, any claim that your material caused damage to a third party, your violation of the terms of use, or your violation of any rights of another, including any intellectual property rights.


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.


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 (_)


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.

 

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.

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