Terms of Service

Rootsense (hereinafter ‘we’ or ‘us’ or ‘our’) and its affiliates provide their services to you subject to the foregoing conditions. If you visit, shop or enquire at rootsense.in, you accept these terms and conditions. It is advised to review the foregoing Terms of Service before availing the services offered by us. In addition, when you avail any current or future service provided by us or visit or purchase from any business affiliated with Rootsense, whether or not included in the rootsense.in website, you will be subject to the guidelines and conditions applicable to such service or business.

We do not guarantee that our website or any content on it will always be available or be uninterrupted. Access to our website is permitted on a temporary basis, and we reserve the right to withdraw, discontinue or change all or any part of the website without notice. We will not be liable to you if for any reason all or any of our websites are unavailable at any time or for any period.

You are responsible for making all the necessary arrangements for you to have access to our website. You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms, and that they comply with them.

The use of our website by a minor (an individual under 18 years of age) is subject to the consent of their parent or guardian and our contract is with the parent or guardian, who is responsible for the minor's compliance. We advise parents or guardians who permit minors to use the website that it is important that they communicate with minors about their safety online, as moderation or vetting of advertisements is not guaranteed or fool-proof. Minors who are using any interactive service should be made aware of the potential risks to them.

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity including but not limited to using our website to copy, store, host, transmit, send, use, publish or distribute any material; gaining unauthorized access to our website; collecting data from our site; sending unsolicited commercial communications via our website; and/or without limitation performing any act that is inconsistent with the purpose of this website: to take in and fulfil consumer orders.

Where necessary we shall report any breach of these terms to the relevant law enforcement authorities and if and to the extent allowed under applicable data protection laws, we will co-operate with those authorities by disclosing your identity and/or your personal information to them. In the event of such a breach, your right to use our website shall cease immediately.

We reserve all rights, title and interests in our and our affiliates' intellectual property rights including without limitation, any patents, trademarks, service marks, copyright, database rights, design rights, know-how, confidential information and any other similar protected rights in any country.

1. PRIVACY

1.1. Please review our Privacy Policy, which also governs your visit to rootsense.in, to understand our practices.

2. ELECTRONIC COMMUNICATIONS

2.1. When you visit rootsense.in or send us e-mails, you are communicating with us electronically, thereby consenting to receive communications from us electronically. We shall communicate with you through e-mail or by posting notices on our website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement of such communications being in writing.

3. INTELLECTUAL PROPERTY

3.1. Our website contains intellectual property vis-à-vis text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software. Any person who is not authorised, shall neither use the trademarks, brand names, logos, copyrights or any other intellectual property rights belonging to Rootsense for any reason whatsoever without the prior written consent of Rootsense nor do any act or undertake any process which would infringe the intellectual property rights of a third party. The compilation of all content on this site is the exclusive property of rootsense.in. All software used on this site is the property of rootsense.in or its software suppliers.

4. WEBSITE ACCESS

4.1. Rootsense.in grants you a limited permission to access and make personal use of this website and not to download (other than page caching) or modify it, or any portion of it. This permission does not include any resale

or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of rootsense.in. You may not use any proprietary information (including images, text, page layout, or form) of rootsense.in and our affiliates without our express written consent. You may not use any meta tags or any other "hidden text" utilizing rootsense.in's name or trademarks without the express written consent of rootsense.in. Any unauthorized use terminates the permission granted by rootsense.in. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of rootsense.in so long as the link does not portray rootsense.in, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any rootsense.in logo or other proprietary graphic or trademark as part of the link without express written permission.

5. YOUR ACCOUNT

5.1. If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. rootsense.in and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

6. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

6.1. Visitors may post reviews, comments, and other content; send e-gift certificates and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You shall not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. rootsense.in reserves the right to remove or edit such content.

6.2. If you do post content or submit material, and unless we indicate otherwise, you grant rootsense.in and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant rootsense.in and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify rootsense.in or its affiliates for all claims resulting from content you supply. Rootsense.in has the right but not the obligation to monitor and edit or remove any activity or content. rootsense.in takes no responsibility and assumes no liability for any content posted by you or any third party.

7. PRODUCT DESCRIPTIONS

7.1. Rootsense.in and its affiliates attempt to be as accurate as possible. However, rootsense.in does not warrant that product descriptions or other content of this website is accurate, complete, reliable, current, or error-free. If a product offered by rootsense.in itself is not as described, your sole remedy is to return it in unused condition.

8. PRICING

8.1. Except where noted otherwise, the list price displayed for products on our website represents the full price of the product and does not include any (domestic/international) shipping charges.

8.2. With respect to items displayed for sale on rootsense.in, at the moment, we only accept ‘payment on delivery’ as the only mode of payment. For any reason(s) if we are unable to ship you product(s) as per your order, we will intimate you electronically.

8.3. Despite our best efforts, a small number of the items in our catalogue may be mispriced. If we discover a mispricing, we will do one of the following:

8.3.1. If an item's correct price is lower than our stated price, we shall intimate you about the same and you will be liable to pay the lower amount at the time of delivery.

8.3.2. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

8.4. The prices displayed on this site are quoted in Indian Rupees which you can view in your preferred currency using the currency converter link. This currency converter is only indicative and a value added tool.

9. WARRANTIES AND LIMITATION OF LIABILITY

9.1. This website is provided by rootsense.in on an "as is" and "as available" basis. Rootsense.in makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this website is at your sole risk.

9.2. To the full extent permissible by applicable law, rootsense.in disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that this website, its servers, or e-mails sent from rootsense.in are free of viruses or other harmful components. We shall not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

9.3. Whilst we try and ensure that the details, descriptions and prices of the products displayed on the website are accurate, errors may occur. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fulfil any order that you may place based on such erroneous, inaccurate or out-of-date information regarding pricing, shipping, payment terms, or return policies.

9.4. We assume no responsibility for the content of websites linked on our sites. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

9.5. To the maximum extent permitted by applicable law, Rootsense assumes no liability or responsibility for (i) any errors, mistakes, or inaccuracies of content displayed on the website; (ii) any personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our website or any product; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the website; and/or (v) any bugs, viruses or the like that may be transmitted to or through our website by any third party.

10. FORCE MAJEURE

10.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An ‘Event Outside Our Control’ is defined hereunder:

"Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, health crisis or other natural disaster, or failure of public or private telecommunications networks, backorder situations or delays caused by the retailer or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

10.2. If an event outside our control takes place that affects the performance of our obligations under a contract:

(a) you will be contacted as soon as reasonably possible to notify you; and

(b) our obligations under a contract will deemed to be suspended and the time for performance of our obligations will deemed to be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

(c) you may cancel a contract affected by an Event Outside Our Control which has continued for more than 30 days from the date of order. To cancel you may contact us. If you opt to cancel, you will have to return any relevant products you have already received (where appliable in accordance with these terms and conditions), and we will refund the price you have paid (wherever applicable), including any delivery charges (where applicable).

11. INDEMNITY

11.1. You hereby indemnify Rootsense and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms of Service, or arising out of any claim that you have breached any provision of these Terms.

12. BREACHES OF THESE TERMS OF SERVICE

12.1. Without prejudice to our other rights under these Terms, if you breach these Terms in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to our site, prohibiting you from accessing our site, blocking computers using your IP address from accessing our site, contacting your internet service provider to request that they block your access to our site if and to the extent allowed under applicable data protection laws and/or initiating court proceedings against you.

13. APPLICABLE LAW

13.1. By visiting rootsense.in, you agree that the laws of India, under the jurisdiction of the Courts at New Delhi, without regard to principles of conflict of laws, will govern this Terms of Service and any dispute of any sort that might arise between rootsense.in (or its affiliates) and you.

14. DISPUTES RESOLUTION

14.1. You agree that all disputes arising out of or in connection with Rootsense or rootsense.in shall in the first instance be referred to the designated representatives mutually appointed by the parties (Rootsense and you) to settle by way of amicable discussions or negotiations. In the event the parties are unable to arrive at a settlement within a period of thirty (30) calendar days from the date of reference of the dispute to the designated representatives, such dispute shall be settled by a sole arbitrator selected by mutual consent of the Parties. The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 or any amendment thereof for the time being in force. The award of the arbitrator shall be a reasoned award and shall be final and binding on the parties. The venue and seat of arbitration will be at New Delhi. The arbitration proceedings shall be conducted and the award shall be rendered in English language. Each party shall bear its own costs relating to such arbitration, and the parties shall equally share the arbitrator’s fees. Nothing shall preclude Rootsense from seeking interim or permanent equitable or injunctive relief, or both, from any court having jurisdiction to grant the same.

15. WEBSITE POLICIES, MODIFICATION, AND SEVERABILITY

15.1. Please review our other policies, such as our privacy policy, posted on this website. These policies also govern your visit to rootsense.in. We reserve the right to make changes to our website, policies, and these Terms of Service at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

PLEASE NOTE THAT THESE TERMS OF SERVICE APPLY ONLY TO THE PRODUCTS SOLD AND SHIPPED BY ROOTSENSE.IN.

GRIEVANCE REDRESSAL WITH REGARD TO THE TERMS OF SERVICE:

If you have any questions or feedback regarding the Terms of Service, you may contact us using the information below:

Name: Siddhant Agrawal

Contact Number: +91 97175 82677

Email: rootsensestudio@gmail.com

Timing: Monday to Saturday- 10 am to 6 pm