Terms and Conditions
Use of the Platform or Services
Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the WeTwoYes Enterprise website located at www.therootsonline.in, and all associated sites linked to www.therootsonline.in, or any similar platform (hereinafter collectively, the WeTwoYes Enterprise, having its registered office at Shop 1&2, CM Building, Choodasandra Main Rd, Bengaluru, Karnataka, INDIA 560099 on any device and/or before availing any services offered by WeTwoYes Enterprise on the www.therootsonline.in which may include services such as online payments or any other service that may be offered by WeTwoYes Enterprise on the www.therootsonline.in). For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all Our Services, whether offered by WeTwoYes Enterprise.
Acceptance
By registering on, accessing, browsing, downloading or using therootsonline.in for any general-purpose or for the specific purpose of availing any our service, You agree to be bound by terms and conditions set forth below as well as by the service-specific terms and conditions applicable to each service (hereinafter collectively, the T&Cs). These T&Cs shall also include any additional or modified terms and conditions or any additional or modified service-specific T&Cs in relation to any WeTwoYes Enterprise service or any future service that may be offered by WeTwoYes Enterprise on therootsonline.in platform. By registering on, accessing, browsing, downloading, or using (as applicable) therootsonline.in platform or availing any WeTwoYes Enterprise service, You automatically and immediately agree to all the T&Cs. If at any time you do not accept or agree with any of the T&Cs or do not wish to be bound by the T&Cs, you may not access, browse or use therootsonline.in platform and immediately terminate your availing the WeTwoYes Enterprise Services. Accepting or agreeing to the T&Cs will constitute a legal contract (hereinafter Agreement) between You, being at least 18 years of age and an individual user of therootsonline.in Platform or a customer or beneficiary of our Services. All services are rendered by WeTwoYes Enterprise through therootsonline.in Platform under the brand name “TheRoots” (or any derivatives or variations thereof). Consequently, all the rights, benefits, liabilities and obligations under the T&Cs shall, as the case may be, accrue to the benefit of, or incurred by, WeTwoYes Enterprise, regarding your use of WeTwoYes Enterprise's digital services, or any such other services which may be added on therootsonline.in Platform and which will henceforth be a WeTwoYes Enterprise Service, from time to time. The WeTwoYes Enterprise Services shall be used by You subject to Your adherence with the T&Cs. As long as You accept and comply with these T&Cs, WeTwoYes Enterprise grants You a personal, nonexclusive, non-transferable, limited, revocable privilege to enter and use therootsonline.in Platform and/or avail the WeTwoYes Enterprise Services.
Indemnification
You agree to indemnify, save, and hold WeTwoYes Enterprise, its affiliates, employees, officers, directors and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) Your use or misuse of the WeTwoYes Enterprise Services or of therootsonline.in Platform; (ii) any violation by You of this Agreement; or (iii) any breach of the representations, warranties, and covenants made by You herein. WeTwoYes Enterprise reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify WeTwoYes Enterprise, including rights to settle, and You agree to cooperate with we defense and settlement of these claims. We will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.
Disclaimer; No Warranties
To the fullest extent permissible pursuant to applicable law, WeTwoYes Enterprise and its third-party partners disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by You from WeTwoYes Enterprise or therootsonline.in platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, You expressly acknowledge that as used in this section, the term “WeTwoYes Enterprise” includes WeTwoYes Enterprise’s officers, directors, employees. You acknowledge that WeTwoYes Enterprise (therootsonline.in) is not liable for any third party (companies, operators, suppliers and service providers) obligations due to rates, quality and all other instances, whether to any such service providers' subscribers or otherwise. You expressly agree that the use of the WeTwoYes Enterprise Services on our Platform is at your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the Internet generally. We do not warrant that our Services will be uninterrupted or error-free or that defects in the site will be corrected. The WeTwoYes Enterprise Services and our Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available” “with all faults” basis and without warranties or representations of any kind either express or implied. WeTwoYes Enterprise, and its partners do not warrant that the data, our software, functions, or any other information offered on or through our Platform or any reference sites/ platforms/ services will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. WeTwoYes Enterprise and its licencors, and partners do not warrant or make any representations regarding the use or the results of the use of Our Platform or any reference sites/ platforms/ services in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through our platform or any reference sites/ platforms/ services at your own discretion and risk and that You will be solely responsible for any damage to Your property (including your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement. This paragraph shall survive the termination of this Agreement. In no event will WeTwoYes Enterprise be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information and the like) arising out of the use of or inability to use our platform. We will not be deemed to be in breach of contract or of these Terms and Conditions as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, third parties, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, breakdown of equipment, road traffic problems.
Ownership; Proprietary Rights
The WeTwoYes Enterprise services and our platform are owned and operated by WeTwoYes Enterprise. The visual interfaces, graphics, design, compilation, information, computer code, services, and all other elements of our services and our platform provided by WeTwoYes Enterprise are protected by international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between You and WeTwoYes Enterprise, all services and programs contained on our are the property of WeTwoYes Enterprise. You agree not to remove, obscure, or alter WeTwoYes Enterprise or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through our platform. Except as expressly authorized by WeTwoYes Enterprise, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the services. WeTwoYes Enterprise reserves all rights not expressly granted in this Agreement. If You have comments regarding our services and/or our platform or ideas on how to improve it, please contact using the contact us form. Please note that by doing so, you hereby irrevocably assign to WeTwoYes Enterprise, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
Dispute Resolution
If any dispute, controversy or claim arises under this Agreement or in relation to any WeTwoYes Enterprise Service or our platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavors to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within agreed timelines of the notice of such Dispute, WeTwoYes Enterprise may elect to resolve any Dispute by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be Bengaluru and the language of this arbitration shall be English. Either You or WeTwoYes Enterprise may seek any interim or preliminary relief from a court of competent jurisdiction in Bengaluru necessary to protect the rights or the property belonging to You or WeTwoYes Enterprise (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor WeTwoYes Enterprise may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and WeTwoYes Enterprise. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.
Governing Law and Forum for Disputes
Subject to the Dispute Resolution section above, You agree that any claim or dispute You may have against WeTwoYes Enterprise must be resolved by a court having jurisdiction in Bengaluru, India. You agree to submit to the personal jurisdiction of the courts located within Bengaluru, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.