Terms of Use

General

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and 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 www.RootWoot.com Website .

The domain name www.rootwoot.com (hereinafter referred to as “Website “) is owned by Ingenious Web Scissors (private limited) with its registered office at 1857, Ahiran Street, Malka Ganj, Delhi -110007, India (hereinafter referred to as “Root Woot”) and is the sole owner, operator, author and publisher of the Website .

For the purpose of these Terms of Use (hereinafter referred to as “Terms and Conditions” or “T&C” or “Terms” or “Agreement”), wherever the context so requires “You” or “User” or “End User” or ” User” or “Your” or “Buyer” or “Customer” shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. The term “We” or “Us” or “Our” or “RootWoot” shall mean Root Woot.

Your use of the Website and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website , You shall be subject to the policies that are applicable to the Website for such transaction.

By accessing or using Root Woot in any manner, including, but not limited to, visiting or browsing on Root Woot or contributing content or other materials to Root Woot, You agree to be bound by these Terms of Use. By mere use of the Website , You shall be contracting with Root Woot and these terms and conditions including the policies constitute your binding obligations, with Root Woot. If You visit, use, transact or shop at the Website or any future Website operated by the us, You accept these Terms and Conditions.

These Terms of Use along with any other Policy or Statement or Information that may be placed on this Website , as modified or amended from time to time, are a binding contract between the Root Woot and You.

Accessing, browsing or otherwise using the site indicates your agreement to all the terms and conditions under these terms of use, so please read the Terms of Use carefully before proceeding. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Root Woot Policies (including but not limited to Privacy Policy) as amended from time to time.

When You use any of the services provided by Us through the Website , including but not limited to, (e.g. Product Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use.

Root Woot reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. 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 .

User Eligibility

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website .

If You are a minor i.e. under the age of 18 years, You shall not register as a User of the Root Woot Website and shall not transact on or use the Website . As a minor if You wish to use or transact on Website , such use or transaction may be made by your legal guardian or parents on the Website . We reserves the right to terminate your account with us and / or refuse to provide You with access to the Website if it is brought to our notice or if it is discovered that You are under the age of 18 years.

Your Account and Registration Obligations

If You use the Website , You shall be responsible for maintaining the confidentiality of your Display Name and Email Address and Password and You shall be responsible for all activities that occur under your Display Name and Email and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).

Root Woot owns no responsibility in any manner over any dispute arising out of transactions by any third party using your account/e-mail provided by you to the Company or payments made by your credit card or any other Debit/ Cash Card/ and other payment instruments by any third party. We strongly recommend that You exit from your account at the end of each session. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.

Root Woot may assign You a password and account for identification, to enable You to access and use certain portions of this Website . Each time You use a password or identification, You will be deemed to be authorized to access and use the Website in a manner consistent with the terms and conditions including the policies of this agreement.

Root Woot has no obligation to investigate the authorization or source of any such access or use of the Website . You are solely responsible for protecting the security and confidentiality of the password and identification assigned and for restricting access to your computer, and You agree to accept responsibility for all activities that occur under your account or password.
You shall immediately notify Root Woot of any unauthorized use of your password or identification or any other breach or threatened breach of this Website ‘s security.

You will be solely responsible for all access to and use of this site by anyone using this password and identification whether or not such access to and use of this site (including all obligations, communications and transmissions) is actually authorized by you.
Root Woot reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if Root Woot believes that the conduct by the customer violates applicable law or is harmful to Website.

Privacy

We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available at Privacy Policy. If You object to Your Information being transferred or used in this way please do not use Website.

We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to You as a result of such sharing unless You explicitly opt-out.

We may disclose personal information to third parties. This disclosure may be required for us to provide You access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.

We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.

We and our affiliates will share / sell some or all of your personal information with another business entity should We (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information.

Intellectual Property, Content & Contents Posted On Website

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Content”), are the sole property of Root Woot. Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, 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 Root Woot’ express prior written consent.

You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

You shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, “Content”). Such Content 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. You agree that any Content You post may be used by us, consistent with Our Privacy Policy and Rules of Conduct on Website as mentioned herein, and You are not entitled to any payment or other compensation for such use.

Errors, Inaccuracies, and Omissions

There may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information without prior notice (including after You have submitted your order). In the event a product is listed at an incorrect price or with incorrect information due to a typographical error or error in pricing or product information, Root Woot shall have the right to refuse or cancel any orders placed for the product listed at the incorrect price whether or not the order has been confirmed and you have been charged for the same. If you have been charged for the purchase and your order is cancelled, Root Woot shall immediately issue credit in the amount of the charge.

Termination

Root Woot reserves the right to terminate the User’s access to Root Woot without any cause or notice. This may result in the forfeiture and destruction of all information associated with the User. In such an event, the Terms of Use shall come to an end. However, the Indemnification, Disclaimer, Governing Law/Jurisdiction and Dispute Resolution and Privacy Policy shall survive such termination.

Communications

When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with You by email or by such other mode of communication, electronic or otherwise.

Product Description & Content

Root Woot does not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

While We strives to provide accurate product and pricing information, typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Root Woot may, at its discretion, either contact You for instructions or cancel your order and notify You of such cancellation. Root Woot will have the right to modify the price of the product and contact You for further instructions using the e-mail address or telephone number provided by You during the time of registration or cancel the order and notify You of such cancellation.

The price of all products, delivery charges and any other applicable charges and taxes are displayed in Indian Rupees (INR). All prices are current at time of display, but these prices are subject to change without prior notice.

We made every effort to display as accurately as possible the colours and finish of our products that appear on the Website. Further, We has ensured that the measurements, information and description for products furnished on the Website are best calculated and stated to accuracy and true to its dimensions. However, due to the inherent characteristics of certain materials, actual measurements of individual items might vary.

We offer You promotional discount codes that are applicable on the purchases made on this Website. These discount codes can be applicable on all or certain specified products. Please note that use of only one discount code is permissible per order. You cannot use a discount code if an order is already placed.

As a condition of purchase, the Website requires your permission to send You administrative and promotional emails/calls. We will send You information regarding your account activity and purchases, as well as updates about our products and promotional offers. We shall have no responsibility in any manner whatsoever regarding any promotional emails/calls/SMS/MMS sent to you. The offers made in those promotional emails/calls/SMS/MMS shall be subject to change at the sole discretion of Root Woot We owes no responsibility to provide You any information regarding such change.

The Website takes no responsibility for the services or products that are sold or supplied by third party vendors. The Company makes no warranty to their end users for the quality, safety, usability, or other aspect of a product or service that is supplied by a Merchant.

Disclaimer of Warranties and Liability

This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this Website are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Root Woot does not warrant that:

• This Website will be constantly available, or available at all; or
• The information on this Website is complete, true, accurate or non-misleading.

Root Woot will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Root Woot does not warrant that this Website; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website are governed by different state laws and if Root Woot is unable to deliver such Products due to implications of different state laws, Root Woot will return or will give credit for the amount (if any) received in advance by Root Woot from the sale of such Product that could not be delivered to You.

You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates.

Payment & Payment Facility for Buyers

While availing any of the payment method/s available on the Website, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

1. Lack of authorization for any transaction/s, or
2. Exceeding the preset limit mutually agreed by You and between “Bank/s”, or
3. Any payment issues arising out of the transaction, or
4. Decline of transaction for any other reason/s

All payments made against the purchases/services on Website by You shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.

Before shipping / delivering your order to you, Root Woot may request You to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by You for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.
Further:

You have specifically authorized Root Woot or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through Payment Facility.

You understand, accept and agree that the payment facility provided by Root Woot is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the Root Woot Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Root Woot is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.

You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with Root Woot to purchase the products and /or services from Root Woot using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to Root Woot using Payment Facility.

You, as a Buyer, may agree with Root Woot through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction 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 Root Woot 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.

You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You receive a damaged product. 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.

Refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received or in the form of RootWoot coins.

For Cash On Delivery transactions, refunds, if any, will be made via demand draft in favour of the Buyer (As per registration details provided by the Buyer).

For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank of India (RBI).

Refund shall be conditional and shall be with recourse available to Root Woot in case of any misuse by Buyer.
Refund shall be subject to Buyer complying with Policies.

Root Woot reserves the right to impose limits on the number of Transactions or Transaction Price which Root Woot may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.

Root Woot reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Root Woot or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.

Root Woot may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of Root Woot. As a result of such check if Root Woot is not satisfied with the creditability of the Buyer or genuineness of the Transaction / Transaction Price, it will have the right to reject the receipt of / Buyers commitment to pay Transaction Price.

Root Woot may delay notifying the payment confirmation, if Root Woot deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, Root Woot may hold Transaction Price and Root Woot may not Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.

The Buyer acknowledges that Root Woot will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of Root Woot.

Buyer’s Arrangement With Issuing Bank

All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.

All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Banks which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.

RootWoot Coins

RootWoot Coins is a pre-paid payment instrument which is associated with your Website account. You can maintain a balance of money (if permitted), and redeem it at your convenience.
Refill of RootWoot Coins: Your RootWoot Coins cannot be refilled directly, and can only be refilled by the system in case of refunds. There is no need to maintain a minimum balance.

Refund of RootWoot Coins Amount: Your RootWoot Coins will be non-refundable
Limitation of Liability: In no event will Root Woot will be liable for any money lying to your credit in RootWoot Coins, any special, incidental, indirect or consequential damages or losses of any kind, arising from the use of RootWoot Coins or association with RootWoot Coins.

Fees, Costs, Charges, Taxes etc.

You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us and You agree to bear any and all applicable taxes including but not limited to VAT/CST, service tax, GST, duties and cesses etc.

05 Day Replacement or Return

The 05 Day replacement or return seeks to assist Buyers who have been unhappy with their purchase on the Website. If at the time of delivery and/or within 05 days from the date of delivery of the product/s, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s from Root Woot subject to the following terms and conditions:

1. Notify Root Woot of any defects in the product/s at the time of delivery of the product/s and/or within 02 days from the date of delivery and the same product/s will be replaced subject to availability of the same with Root Woot in return of the defective product/s.
2. Replacement can be for the entire product/s or part/s of the product subject to availability of the same with Root Woot.

Following products shall not be eligible for return or replacement:
• Damages due to misuse of product;
• Incidental damage due to malfunctioning of product;
• Any consumable item which has been used/installed;
• Products with tampered or missing serial numbers;
• Digital products/services
• Any damage/defect which are not covered under the manufacturer’s warranty
• Any product that is returned without all original packaging and accessories, including the box, manufacturer’s packaging if any, and all other items originally included with the product/s delivered;
• Any product which is ‘made to order’ on customer’s request
• Products are not used (other than for trial), altered, washed, soiled or damaged in any way.
• Original tags and packaging should be intact. For items that come in branded packaging, the box should be undamaged.
• ‘Made to order’ clothing, Puja Kit, Gift Items are not covered under the return policy or refund policy.
• Damaged or defective products are meanwhile covered by the 05 Day Replacement policy.
• Any product which is listed as/under any Sale, Promotional Offer, Contests and other similar programs.
If Root Woot has suspicion or knowledge, that any of its buyers are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then Root Woot may while reserving its rights to initiate civil and/or criminal proceedings against member may also at its sole discretion suspend, block, restrict, cancel the registered account of such buyer and /or disqualify that user and any related users from availing protection through this program.

Root Woot reserves its right to initiate civil and/or criminal proceedings against a user who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Root Woot may at its sole discretion suspend, block, restrict, cancel the registered account of such user and/or disqualify that user and any related users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

Replacement Policy

Replacement is the action or process of replacing something in place of another. A Buyer can request for replacement whenever he is not happy with the product/s, reason being Damaged in shipping, Defective product/s, product(s) missing, wrong product shipped and the like.

Root Woot can always accept the return irrespective of the policy.
Buyer needs to raise the replacement request within 05 days from the date of delivery of products. Once Buyer has raised a replacement request by contacting Us, the following steps shall be followed:

Buyer is asked for “Reason for Return”. Among others, the following are the leading reasons:
* Shipping was damaged
* Product was defective
* Product (s) were missing
* Wrong Product sent

In case Root Woot accepts the replacement request, Buyer shall be required to return the product to Root Woot and only after return of the product, Root Woot shall be obliged to provide the replacement product to the Buyer.

In case Root Woot doesn’t have the product at all, Root Woot can provide the refund at the same Issuing Bank from where Transaction Price was received or in the form of RootWoot coins. Buyer shall be obligated to accept the refund in lieu of replacement. All the product parameters shall be required to be complied with in cases of replacement.

All shipping and other replacement charges shall be borne and incurred by the buyer.

Returns Policy

‘Return’ is defined as the action of giving back the product/s purchased by the Buyer to Root Woot on the Root Woot’ Website.
Root Woot will only accept return/s and refund the amount (if any) received in advance by Root Woot from the sale of such Product/s which fulfil the following criteria:
1. Product was defective
2. Product was damaged during the Shipping
3. Product was missing
4. Wrong product was sent by Root Woot.

We encourage the Buyer to review the listing and choose the right product size and design before making the purchase decision. In case Buyer orders a wrong product, Buyer shall not be entitled to any return/refund.

In case of a defected product, the buyer needs to raise the refund request within 05 days from the date of payment realization. Once Buyer has raised a return request by contacting Us, Root Woot can choose one of the following options:

1. Review and confirm if the product is eligible for return. The item should be in unused condition. If wear and tear is spotted on a defected product then the refund will not be initiated.

2. Replace after product/s received by Us – Root Woot has agreed to wait to receive the product/s from the buyer before initiating replacement)

3. Refund after product/s received by Us – Root Woot has agreed to wait to receive the product/s from the buyer before initiating refund)

In the event Root Woot accepts the return request raised by the Buyer, Buyer will have to return the product and then the refund shall be made at the same Issuing Bank from where Transaction Price was received or shall be made in the form of RootWoot Coins

Buyer will not be eligible for return/refund if Root Woot find any of the following:
• Damages due to misuse of product;
• Incidental damage due to malfunctioning of product;
• Any consumable item which has been used/installed;
• Products with tampered or missing serial numbers;
• Digital products/services
• Any damage/defect which are not covered under the manufacturer’s warranty
• Any product that is returned without all original packaging and accessories, including the box, manufacturer’s packaging if any, and all other items originally included with the product/s delivered;
• Any product which is ‘made to order’ on customer’s request
• Products are not used (other than for trial), altered, washed, soiled or damaged in any way.
• Original tags and packaging should be intact. For items that come in branded packaging, the box should be undamaged.
• ‘Made to order’ clothing are not covered under the return policy or refund policy.
• Damaged or defective products are meanwhile covered by the 05 Day Replacement policy.

Further for returns being made by Buyer to Root Woot of the product, the following parameters needs to be ensured by the Buyer:

• If the product being returned is not in accordance with the above parameters, then Buyer shall not be entitled to any refund of money from Root Woot.
• All the Shipping cost for returning the product shall be borne and incurred by the buyer.