Terms And Conditions

Updated as of Nov 28, 2023

Herbaceous Retail Private Limited, a private limited company incorporated under the Companies Act, 2013 and having its registered office at Near Yalamma Temple, Ground Floor, No. 15, 16/2, Yellamma, 1st Cross Road, Konanukunte, Bengaluru, Bengaluru Urban, Karnataka, 560062 (hereinafter referred to as the "HRPL", "we", "us", "our" and terms of similar meaning) has obtained the license and right to use their brand Deep Rooted.Co, the mobile application "Deep Rooted", website https://deep-rooted.co (collectively referred to as the "Platform") from Clover Ventures Private Limited, a company incorporated under the Companies Act 2013 and having its registered office at Prestige Terraces, 4th Floor, No. 5/1 Union Street (Off Cunningham Road), Bangalore - 560 001 (hereinafter "CVPL").

These Terms govern your (hereinafter referred to as "you", "your", "User", as applicable) access to and/or use of (either as a visitor or customer): a) https://deep-rooted.co including any sub-domains thereof (collectively, "Site" or "Platform") b) "Deep Rooted" mobile application Sale of Products (as defined herein below) and provision of the Services (as defined herein below); provided by HRPL from time to time. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM. THESE TERMS CONSTITUTE A BINDING, LEGAL AGREEMENT BETWEEN YOU AND HRPL. BY ACCESSING THE SERVICES PROVIDED ON THE SITE, YOU AGREE WITH THE TERMS IN ENTIRETY.

1.PLATFORM AND SERVICES

1.1. The Platform is a mobile/web based platform operated by HRPL that enlists fruits, vegetables and such other products ("Products") for retail sale and for the purchase of Products by Users from HRPL exclusively for personal/non-commercial consumption and not for value addition, resale and/or any other commercial purposes, subject to these Terms.

1.2. HRPL shall provide the following services as part of the Platform: a) Registration of a User on the Platform b) Enlisting various Products for retail sale c) Door delivery of such Products as may be ordered by the User on the Platform d) Providing various payment modes to the User on the Platform for purchasing of the Products, including but not limited to Cash on Delivery, credit and debit cards of Mastercard, Visa, Rupay, etc., net banking, payment wallets etc. e) Providing discount coupons or promotional offers to Users as we shall deem fit at our sole discretion and subject to the terms of such discount coupons or promotional offers; and f) Any other services as we may deem fit. (The Services listed in sub-clause (a) to (f) above shall hereinafter be collectively referred to as "Services").

1.3. We may, from time to time, release new features on the Platform, or introduce other Products and/or Services. Any such additions/ amendments will be subject to these Terms as well as any additional terms and conditions that we may release for those specific Products, Services or features.

2.ACCEPTANCE AND GOVERNANCE OF TERMS

2.1.You hereby expressly acknowledge and agree to be bound by these terms, policies and guidelines incorporated by reference in these terms, including the Privacy Policy , as may be amended from time to time in the manner as set forth herein below ("Terms").

2.2.You represent and warrant that: a)You are at least 18 (Eighteen) years old. if your age is below 18 years your parents or legal guardians can transact on behalf of you if they are registered users; b)You have the lawful authority and capacity to contract and be bound by these Terms; c)If you are accepting these Terms on behalf of a company, limited liability partnership or other legal entity, you have the authority to bind such entity to these Terms and, in such event, "You" and "Your" as used in these Terms shall refer to such entity; and d)You will comply with all applicable laws and regulations.

2.3.These Terms are subject to change at any time without notice. To make sure you are aware of any changes, please review these Terms periodically. Continued use of the Platform or Services after any such changes shall constitute your consent to such changes.

2.4.These Terms are published in compliance with, and is governed by the provisions of applicable Indian laws, including but limited to: a)the Indian Contract Act, 1872; b)the Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed there under, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011; c)The Information Technology (Intermediaries Guidelines) Rules, 2011; and d)Consumer Protection (E-Commerce) Rules, 2020.

3.MEMBERSHIP

3.1.It is not mandatory to register to visit, access and use the Platform. However, access to the Services is only available to registered Users. You need to register and create a user account ("Account") to avail the Services on the Platform by providing your name, email address, password and other contact details. By registering and creating Your Account on the Platform, You agree to: a)provide accurate, current and complete information as may be prompted ("Registration Data") and maintain and undertake to update the same in respect of any changes; b)maintain the security of your password for the Account; c)accept all risks of unauthorized access to the Registration Data and any other information you provide to us; d)notify us immediately of any breach of security or any unauthorized use of your Account; e)receive promotional communication and newsletters upon registration. You may opt out either by unsubscribing in "Account" or by contacting the customer service; f)not authorize, assign or otherwise transfer your Account to any other person or entity or to let them operate through the account created and in no event use another User’s Account for any purpose or objective; and g)be responsible for all activity on your Account and to use and operate the same in accordance with applicable laws.

3.2.We reserve the right to disallow, cancel, remove or re-assign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your Account, if activities occur on that Account which, in our sole discretion, would or might constitute a violation of these Terms, or an infringement or violation of the rights of any third party, or of any applicable laws or regulations. We may at our sole discretion restore access to your Account, at any time, pursuant to any suspension.

3.3.You further agree and confirm that: a)in the event that a non-delivery occurs on account of a mistake by You (i.e. wrong name or address or any other wrong information) any extra cost incurred by HRPL for re-delivery shall be claimed from You; b)You will use the Platform and the Service provided by HRPL, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Platform; c)You will provide authentic and true information in all instances where such information is requested of you. HRPL reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), it has the right in its sole discretion to reject the registration and debar you from using the Services and / or Platform without prior intimation whatsoever; d)You authorise HRPL to contact you for any transactional purposes related to your order/Account. This authorization overrides any registration for DNC/NDNC (Do Not Call/ National Do Not Call); e)You are accessing the Services available on this Platform and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Platform; f)the address at which delivery of the Product ordered by you is to be made will be correct and proper in all respects; and g)before placing an order, you will check the Product description carefully. By placing an order for a Product you agree to be bound by the conditions of sale included in the item’s description.

4.USE OF THE SERVICE

4.1.Upon creation of your Account, you shall be entitled to purchase any of the Products and avail the Services through the Platform in select geographies in India. We shall provide the Services vide our employees, agents, contractors and/or representatives ("Service Professionals"), based on the requirements of the User.

4.2.Promotional offers: HRPL may at its discretion run promotional offers on the Platform in respect of certain Products, subject to such terms and conditions as may be prescribed. All promotional offers shall be subject to the terms and conditions governing the same, as displayed on the Platform and/or communicated to you. The User hereby agrees and acknowledges that HRPL shall have the sole discretion to run promotional offers, modify the terms and conditions governing the same and discontinue the promotional offers with no prior intimation to the User, at its sole discretion. The User shall have no right, claim or authority to dispute the continuance or discontinuance of promotional offers by HRPL.

5.PAYMENTS

5.1.All the Products listed on the Platform will be sold at price displayed therein subject to any promotional offers. The prices mentioned at the time of ordering will be the prices charged. Although prices of most of the Products do not fluctuate on a daily basis but some of the commodities and fresh food prices do change on a daily basis. In case the prices are higher or lower on the date of delivery, no additional charges will be collected or refunded, as the case may be at the time of the delivery of the order.

5.2.You as a customer can cancel your order any time before 10 PM - the night prior to your scheduled Delivery day. The cancellation can be done either through the Platform or by contacting our customer service. For any permitted cancellations, we will refund any payments already made by you for the cancelled order. If we suspect any fraudulent transaction by any customer or any transaction which defies/violates these Terms or in case of non-availability of the Products, we may, at our sole discretion, cancel such orders or for any reasons beyond the control of HRPL including for reasons of logistical difficulties. For such cancellations, we will refund the payment, if any, made by you under the relevant order. Further, we will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them, at our sole discretion.

5.3.Returns and Refund Policy: We take great pride in delivering the cleanest and fresh produce to all our Users. Nevertheless, all our Users have the right to refuse the Product at the time of delivery, if due to some reason they are not satisfied with the quality or freshness of the Product. We will take the returned Product back with us and issue a credit for the value of the returned Products which will be credited to your payment method. Certain Products which may not be eligible for returns will be marked as "Non-returnable" on the Product description section on the Platform, hence please check the description before you place an order. If you wish to return a Product subsequent to the delivery of the Product in case the Product is spoilt or rotten, you shall raise a request for return/refund, within 48 hours of delivery of the Products, by sharing images of the items which you were dissatisfied with. We may, at our sole discretion, take the returned Product back and grant credit or request you to dispose off the damaged Product. In any event, we shall issue a refund in lieu of the value of the returned Product. The amount will be refunded to the same digital payment option availed by the user for making the payment. Refunds of POD orders will be done to the Deep Rooted Co wallet. In case of cancellations/unavailability to receive the produce post dispatch, refunds will not be processed. In the event of requesting for returns, please keep the Product in the original packaging. In addition, the Product must be unused, with all tags and packaging intact. Given that the products are perishable in nature, the freshness and shelf-life depends on the storage by the User post delivery. Therefore, we do not entertain refund requests if the complaint is received post 48 hours of delivery. Refunds of POD orders will be done to the Deep Rooted Co wallet. In case of cancellations/unavailability to receive the produce post dispatch, refunds will not be processed.

5.4.The User represents and warrants that any credit or payment information it supplies is true, accurate and complete in all respects. In the event the User commits a breach in respect thereof, HRPL reserves its right to either suspend/terminate the Services with immediate effect or terminate your access to the Platform.

5.5.The User agrees and acknowledges that HRPL uses third-party payment processors ("Payment Processors") for any payments made on the Platform. The processing of all payments will be subject to the terms, conditions and privacy policies of the Payment Processors in addition to these Terms. The User further agrees and acknowledges that neither HRPL nor any of its directors, employees, shareholders or other representatives shall be liable to the User under any circumstances for any direct, indirect, punitive, incidental, special or consequential damages that result from or arise out of use of the Payment Processors.

6.ACCESS AND USE

HRPL grants you a limited, personal, non-exclusive, non-transferable and non-sub licensable right to use the Platform and Services, solely for your own personal, non-commercial use, subject to the Terms. Your access and use of the Platform and Services is subject to the following representations and warranties:

6.1.You may only access the Platform or Services using authorized and lawful means;

6.2.We shall not be liable for any failure or default to provide access to the Platform on account of any failure or delay by you to register with the Platform for such access or due to any other reasons whatsoever;

6.3.Any configuration or set up of the Devices for access to the Platform and the Services shall be your sole responsibility. "Device" means a device, usually electronic, that processes data according to a set of instructions, which may include but not restricted to workstations, personal computers, laptops, netbooks, personal digital assistants, tablets, and smartphones;

6.4.We collect, store, process and use your information in accordance with HRPL’s Privacy Policy available at https://shop.deep-rooted.co/cat/45059/privacy-policy ("Privacy Policy"). By using the Platform and/ or by providing your Personal Information (as defined in the Privacy Policy), you consent to the collection and use of the information you disclose to us, in accordance with the Privacy Policy;

6.5.You will not take any action that interferes with, degrades or adversely affects HRPL and/or the Services and/or the Platform;

6.6.You will not use the Platform in a manner (i) that is prohibited by any law or regulation, or facilitates the violation of any law or regulation; or (ii) will disrupt a third parties’ similar use; (iii) violate or tamper with the security of the Platform;

6.7.You will not use the Platform, or any portion thereof, to transmit, publish, post, upload, distribute or disseminate any inappropriate, harassing, abusive, defamatory, libellous, obscene, illegal or deceptive content;

6.8.You will ensure that the Platform is not used to upload, post, transmit, or otherwise make available any content that contains a virus or any other form of malicious code or data that is likely or intended to have an adverse impact on, or provide unauthorized access to, the Platform or any other software, hardware, services or data;

6.9.You shall not use any automated system, including but not limited to, "robots", "spiders", "offline readers", "scrapers", etc., to access the Platform;

6.10.You will not attempt to gain unauthorised access to any accounts, Service Professionals’ information, computer systems or networks connected to the Platform, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, through hacking, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available to you;

6.11.You will not use, misuse or misappropriate the Platform to develop, or to assist anyone in developing a competitive platform, service or for other competitive purposes;

6.12.You will not copy, distribute, or make derivative works of the Platform in any medium;

6.13.You shall not recruit, solicit, or contact in any form the Service Professionals for employment or contracting for a business not affiliated with HRPL;

6.14.You shall be solely responsible for (i) procuring and maintaining your network connections and telecommunications links from your systems to HRPL’s data centres, and (ii) all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet;

6.15.You acknowledge that from time to time, HRPL may apply Upgrades (hereinafter defined) to the Platform, and that such Upgrades may result in changes to the appearance and/or functionality of Platform. You may be required to install certain Upgrades or updates to the software in order to continue to access or use the Platform, or portions thereof. "Upgrades" means new versions of, and updates to, Platform whether for the purpose of fixing an error, bug or other issue in the Platform or enhancing the functionality of Platform.

7.FEEDBACK

7.1.As a visitor/user of the Platform, you agree to use careful, prudent, and good judgment when leaving feedback for other Users of the Platform. In the event the feedback violates these Terms, is inappropriate or violates propriety or privacy of another user, HRPL, in its sole discretion, may take any of the following actions: (i) delete your feedback or any of your postings; (ii) limit your Account privileges; (iii) suspend your Account; and (iv) report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at the HRPL’s discretion, HRPL will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Platform.

7.2.Reporting inappropriate use of feedback: You may contact HRPL regarding any inappropriate use of feedback via-email at cc@deep-rooted.co

7.3.HRPL does not and cannot review every posting made on the Platform. These Terms do not require HRPL to monitor, police or remove any postings or other information submitted by you or any other user and HRPL shall not be responsible for any ensuing liability.

8.INTELLECTUAL PROPERTY RIGHTS

8.1.HRPL, CVPL, HRPL’s suppliers and other licensors, as the case may be expressly reserve all the intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Platform including the trademarks, logos and service marks displayed on the Platform ("Marks"). You hereby acknowledge that any and all of the intellectual property rights (including but not limited to all copyright, patent, Marks, etc.) and other proprietary rights in and in relation to the Platform including without limitation any derivatives, improvements or modifications which ownership is directly attributable to HRPL, CVPL or its licensors as the case maybe (expressly excluding any information which belongs to a User or other third party) and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Platform or the Services shall vest wholly completely and fully with HRPL, CVPL or its licensors throughout the territory of the world and you shall have no right or claim to such intellectual property in any manner whatsoever. All rights, including copyright, in this Platform are owned by or licensed to HRPL from CVPL. Any use of this Platform or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of HRPL and/or CVPL. You may not modify, distribute or re-post anything on this Platform for any purpose. All software used on this Platform is the property of CVPL or its licensees and suppliers and protected by Indian and international copyright laws. The contents and software on this Platform may be used only as a shopping resource.

9.INDEMNIFICATION

9.1.By accepting these Terms and using the Platform and/or availing the Services, you agree that you shall defend, indemnify and hold HRPL, its directors, employees, shareholders, officers and other representatives harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) Misuse of your access to and use of the Platform and/or the Service; (ii) any loss or injury to HRPL’s representatives, Service Personnel or Products resulting from or attributable to your acts or omissions; (iii) your violation or breach of these Terms or any applicable law or regulation; (iv) Your violation of any rights of any third party; or (vi) any and all third-party claims based upon (A) the content of any communications transmitted by you; and/or (B) transactions undertaken by you.

10.DISCLAIMER OF WARRANTIES

10.1.HRPL hereby explicitly and specifically disclaims any and all representations, warranties or guarantees in respect of the Platform and/or the Services, whether written, oral, expressed or implied including, without limiting the generality of the foregoing, any warranty of merchantability, quality or fitness for a particular purpose.

10.2.You acknowledge and undertake that you are accessing the Services on the Platform and transacting at your own risk and are using your best and prudent judgement before entering into any transactions. HRPL makes best efforts to display available Products, including in respect of their colour, size, shape and appearance, as accurately as possible. However, the actual colour, size, shape and appearance may have variations from the depiction on your mobile/computer screen and HRPL shall not be responsible for any variation.

10.3.The Platform is provided strictly on an "as is" basis. Notwithstanding anything contained in these Terms, HRPL does not warrant that any Platform: (i) will perform error-free or uninterrupted, or that HRPL will correct all or any errors or defects; (ii) will operate in combination with the Devices, or with any other hardware, software, systems or data not provided by HRPL, (iii) will meet the User’s requirements, specifications or expectations or that the Services will be available at any particular time or location, uninterrupted or secure.

10.4.HRPL reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform and/ or the Services (or any part thereof) with or without notice and in its sole discretion. You agree that HRPL shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform or the Services.

10.5.HRPL shall not be liable to You for any delay or failure in performance of the Services and or supply of Products arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, pandemics, acts of declared or undeclared war or acts of regulatory or governmental agencies, etc.

10.6.The User acknowledges that HRPL does not control the transfer of data over the communications facilities, including the internet, and that any Platform may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. HRPL shall not be responsible for any (i) delays, delivery failures, or other damages as a result; (ii) issues related to the performance, operation or security of any Platform that arise from the User’s content or third party content.

10.7.HRPL does not make any representation or warranty regarding the reliability, accuracy, completeness, correctness, or usefulness of third party content, and disclaims all liabilities arising from or related to third party content.

10.8.We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of the Users and the Third Party Sites, including, but not limited to, any User's reliance upon any information provided therein. The Third Party Sites and us are independent contractors and neither party has authority to make any representations, warranties or commitments on behalf of the other.

10.9.You agree and understand that you shall be responsible for ensuring compliance with the terms of use, guidelines, operating rules and policies of Third Party Sites. Further under no circumstances shall HRPL be liable to you or the Third Party Sites for the services provided by such Third Party Sites to you. In the event of any conflict between these Terms and any of the terms, conditions and notices contained in any Third Party Sites, the contents of these Terms shall prevail.

10.10.We are not responsible for the content, accuracy or opinions expressed in any Third Party Sites, and such Third Party Sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Third Party Sites on Our Platform does not imply approval or endorsement of the Third Party Sites by us.

11.LIMITATION OF LIABILITY

11.1.In no event shall HRPL or anyone else involved in administering, distributing or providing the Platform an/or Services be liable for any direct, special, exemplary, consequential, incidental, punitive or indirect damages including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that results from the use of, or inability to use the Platform and/or Services. HRPL or anyone else involved in administering, distributing or providing the Platform and/or Services further explicitly disclaim any and all liability for any the following: (a)errors, mistakes or inaccuracies of the content displayed on the Platform; (b)personal injury or property damage of any nature whatsoever, resulting from our Services or for any alleged or actual damages or loss of valuables at the location; (c)the acts or omissions of our representatives performing Services on our behalf; (d)any failure or delay in the Services; (e)any loss or damage arising out of your failure to adhere to your obligations under the Terms. (f)user content or the defamatory, offensive, or illegal conduct of any third party; (g)viruses, computer viruses or other harmful, disabling computer code, computer instructions, circuitry or other technological means whose purpose is to disrupt, damage or interfere with any computer and communications facilities or equipment ("Harmful Code") that may be transferred to your Devices when accessing the Platform. By way of clarification, Harmful Code shall include, without limitation, any code containing viruses, Trojan horses, worms or like destructive code or code that was intentionally written to self-replicate. You are advised to obtain and use appropriate antivirus and security software and to take all other appropriate measures to safeguard the integrity of your Devices.

11.2.YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF (i) YOUR USE OF THE PLATFORM; AND/or (ii) availing ANY SERVICES including PURCHASING OF THE PRODUCTS, REMAINS SOLELY WITH YOU.

11.3.In no event shall HRPL or anyone else involved in administering, distributing or providing the Platform and/or Services be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs for an amount exceeding the money charged by HRPL from the User for purchase of the Products pursuant to an order under which such liability has arisen and been established.

12.TERMINATION

12.1.These Terms will continue to apply until terminated by either you or us as set forth below.

12.2.Termination by You: If You wish not to be bound by these Terms, you may terminate your relationship with us by (i) not accessing the Platform; and/or (ii) deleting Your Accounts (if any).

12.3.Termination by Us: HRPL may at its discretion and at any time with or without notice, terminate or suspend the Terms, with or without cause if: a)You breach any of the provisions of the Terms, the Privacy Policy or any other terms, conditions, or policies that may be applicable to you; b)HRPL is required to do so in accordance with law; or c)HRPL has elected to discontinue, with or without reason, access to the Platform and/ or the Services (or any part thereof) either in general or specifically to you.

12.4.HRPL shall not be liable to you or any third party for any such termination.

13.CONSEQUENCES OF TERMINATION

13.1.Once your Account has been terminated, any and all content will be irretrievably deleted by us, except to the extent that we are obliged to maintain or permitted to retain in accordance with law.

13.2.All reward points, offers and discounts accrued to your Account, if any, shall automatically terminate.

13.3.The licences granted to you in terms of these Terms shall stand terminated effective immediately.

13.4.HRPL, in its sole discretion, may initiate appropriate legal proceedings against you, if necessary.

13.5.Termination shall not affect your liability or obligations arising prior to such termination and any and all amounts and charges payable by you pursuant to access or use of the Platform and/or Services shall become immediately due and payable.

14.GENERAL

14.1.To the extent that anything in or associated with the Platform is in conflict or inconsistent with these Terms, these Terms shall take precedence and prevail. Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under these Terms shall survive any discontinuance of the access or use of the Platform and/or Services;

14.2.These Terms together with the Privacy Policy shall constitute the entire agreement between you and HRPL; and

14.3.If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

15.DISPUTE RESOLUTION AND GOVERNING LAW

15.1.If there is a grievance or concern in respect of these Terms or the Services provided by HRPL or purchase of the Products, you are requested to email us details of the same at cc@deep-rooted.co. Any concern shall be sought to be addressed by HRPL and in the event of any dispute, You and the HRPL shall endeavour to amicably resolve the dispute.

15.2.These Terms shall be governed and construed under the laws of India and the courts of Bengaluru shall have exclusive jurisdiction.

16.GRIEVANCE REDRESSAL MECHANISM

16.1.HRPL has constituted an appropriate grievance redressal mechanism within the organization to resolve any grievances of the Users. HRPL has designated an officer to redress the genuine grievances of the Users, the details of whom are stated herein below ("Grievance Redressal Officer").

16.2.In the event of any clarifications/queries/complaints/grievances in respect of the Products, Services and or the Platform provided by HRPL, you shall first direct the same to the customer care center by phone at +91- 8062287130 or by email at cc@deep-rooted.co. In the event you are not satisfied with the assistance or response provided by our customer care, you shall then direct any such grievances pertaining to the Services and/or the Products and/or the use of the Platform, to the Grievance Redressal Officer of HRPL who shall ensure that genuine grievances of the Users are redressed promptly. The Grievance Redressal Officer shall endeavor to acknowledge the receipt of any complaint within 48 (forty-eight) hours and redress the complaint within 1 (one) month from the date of receipt of the complaint.

17.FRESH OR FREE CAMPAIGN 3.0

17.1.Fresh or Free will be applicable for the following categories only

a)Indian Greens b)Easy Cook Range c)Greens Combo d) Fruits (Note : Fruits ripen over time. Not ripe fruit cannot be considered as not fresh fruit.)

17.2 Fresh or free offer is valid only on fruits and vegetable products and not applicable for Non fruits and vegetable products

17.3. Fresh or Free offer is valid for serviceable pin-codes in Bangalore, Hyderabad

17.4. Fresh or Free offer would be available for consumers purchasing on online on the “Deep Rooted” Website and Mobile App.

17.5. Fresh or Free offer is valid from 3rd June 2021 a) Lack of freshness in ‘greens’ would be indicated by commonly understood attributes such as wilting, drying, dis-coloration. b) Lack of freshness in ‘fruits’ would be indicated by commonly understood attributes such as Fermented smell emanating from the fruits, when overripe, sogginess, emergence of off-colour spots on the surface of the fruit.

17.6. HRPL will refund those items which are not deemed fresh by the User.

17.7. Customer can check the produce during delivery and return those SKUs which They think it is not fresh. Our delivery staff is trained to handle such returns.

17.8. To avail of the ‘Fresh or Free’ offer for deliveries which have been accepted by the customer, all complaints must be raised with pictures ( mandatory) within the following timelines: a. 24 hours of delivery for Greens b. 48 hours for all fruits since fruits may take slightly longer to ripen. c. For Mangoes, please ensure that you store it in the box packaging that you receive them in along with paddy straw for it to ripen evenly.

17.9. Complaints can be escalated on +91-8062287130 or cc@deep- rooted.co from 6am – 9pm. Please allow up-to one working day for a response.

17.10. While all complaints will be considered in good faith and the intent would always be to take a decision in favour of the customer, Herbaceous reserves the right to defend it’s produce quality on a case-to-case basis.

17.11. Herbaceous reserves the right to stop, change the terms and conditions of the Fresh or Free campaign without notice.

17.12.Refunds a)For payments made using online methods, refunds requests which have been accepted will get reflected within 3-5 working days. The amount will be refunded to the same digital payment option availed by the user for making the payment. Refunds of POD orders will be done to the Deep Rooted Co wallet. In case of cancellations/unavailability to receive the produce post dispatch, refunds will not be processed.

Communications

You hereby agree to receive communications by way of SMS, messaging app like WhatsApp on the registered mobile phone number /or electronic communications like e-mails from the Company and other third parties duly authorised by the Company. You can unsubscribe or opt-out from receiving communications from the Company by contacting the support team.

HRPL’s Nurture Membership Program Specific Terms

These are the terms and conditions ("Terms") for HRPL Nurture ("Nurture") membership program offered by Herbaceous Retail Private Limited (“HRPL”) to its Users on the HRPL’s platform and they will be . HRPL’s platform shall be available at (“HRPL Platform”). These Terms shall govern your use of our service offered under the Nurture Membership Program ("Nurture Program”). Please read these Terms carefully before you subscribe to the Nurture Program. These Terms are subject to modifications, from time to time, at the sole discretion of HRPL. You have the following options under the Nurture membership program, and you can choose from these options at your sole discretion based on its suitability to you.

Details of the Nurture Membership Plan and Benefits:

*Minimum order to Avail free delivery is Rs.149

*Auto discount of 8% is only applicable on fruits and vegetables and is not applicable on non fruits and vegetable products

The above benefits are only indicative and are subject to change from time to time at the discretion of HRPL. The benefits may vary for different cities; HRPL recommends that the Users refer to the subscription package availed by them for specific benefits applicable to them. The Nurture delivery benefit is applicable on orders above a certain amount. Please check FAQs for more details.

Subscription Fee, Payment and Activation

HRPL shall charge, and You agree to pay such membership fee, as may be determined by HRPL from time to time. You can use credit card, debit card, net banking, DR wallet and the other available third-party payment options available to subscribe to the Nurture program. However, payment on delivery option cannot be used to subscribe to the Nurture program or available on the products purchase along with the purchase of the Nurture Program is purchased. The subscription shall be activated upon successful payment through the HRPL Platform. Nurture Program benefits can be availed only on HRPL Platform, which is available for ios and android, and are not eligible to be availed on the website. Your Nurture Program membership shall not be affected will continue as-is and no disruptions in the following instances:

1.Installation of the app on a new phone and logging in to your account using your existing number.

2.Uninstalling the app and reinstalling the same.

Representation and Warranties

You represent and warrant that:

1.You are at least 18 years old;

2.You have the lawful authority and capacity to contract and be bound by these Terms; If you are accepting these Terms on behalf of a company, limited liability partnership or other legal entity, you have the authority to bind such entity to these Terms and, in such event, “you” and “your” as used in these Terms shall refer to such entity

3.You will comply with all applicable laws and regulations. HRPL warrants that all data/information collected, processed and used in furtherance to these Terms shall be handled in accordance with applicable data protection laws.

Cancellation policy

Nurture Program membership can be cancelled only through our customer service. Customer should contact customer service within 14 days of Nurture subscription date to be eligible for cancelling the Nurture membership. Also, any cashback or free deliveries availed on orders will be deducted and prorata refund will be issued torwards Nurture membership cancellation.

Modification/ Cancellation of membership by HRPL

HRPL may cancel or modify your Nurture Program membership at its sole discretion without notice. If HRPL does so, then HRPL will issue a prorated refund based on the Benefits used in the Nurture Program membership. However, HRPL will not give any refund for cancellation of Nurture Program membership related to conduct that HRPL determines, in its sole discretion, that violates these Terms, its privacy policy or any applicable law, or any conduct that HRPL in its sole capacity decides involves fraud or misuse of the Nurture Program, or is harmful to our interests or another user, or any delivery executive. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.

Important notice

These Terms are special terms and as such restricted to only Orders placed through the Platform when you are a Nurture Program member and as such does not supersede the HRPL Terms of Use, unless specifically called out here. We reserve the right to modify these Terms at any time without notice posting changes on the HRPL Platform and you shall be responsible to update yourself of such changes, if any, by accessing the HRPL Platform on a regular basis. Your continued usage of the Platform after any change is posted constitutes your deemed acceptance of the amendments.

General Terms & Conditions

• HRPL reserve the right to accept or refuse membership in our sole discretion

• We may send you an email, or other communication related to Nurture Membership (regardless of any settings or preferences related to your Deep Rooted Co account).

• You may not transfer or assign your Nurture Membership or any Nurture benefits, except as allowed in these Terms.

• From time to time, We may choose in our sole discretion to add or remove Nurture Membership benefits.

• All other terms and conditions as enumerated in the Terms of Use are applicable as is.

• Deep Rooted Co reserves the right to offer this Nurture membership in select cities and to select users, at its sole discretion.

• Nurture Membership feature is available only on the App.

• Free deliveries are applicable only on Orders on the Deep Rooted.co app, subject to minimum order amounts as enumerated herein being met by You.

Limitation of Liability

IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN DEEP ROOTED CO'S CONDITIONS OF USE AND SALE, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO DEEP ROOTED CO. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST MEMBERSHIP FEE YOU PAID. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR NURTURE MEMBERSHIP.

All disputes related to this Nurture membership will be subject to the exclusive jurisdiction of courts of Bangalore only. These Terms and Conditions are co-extensive and concurrent with Deep Rooted Co’s other Terms and Conditions and the Privacy Policy listed on this Platform. As such, all other Terms and Conditions listed hereinbefore shall also be applicable to this Nurture Membership and the same need not be expressly repeated herein.

Frequent Asked Questions and Answers

Q.1. What is Nurture & its benefits?

Ans - Deep Rooted brings you a membership program geared towards making healthy living and clean eating easier. It brings you various benefits such as:

1. 8% instant pre-applied discount ONLY on fruits and vegetable products.

2. Free Deliveries on orders above Rs.149.

3. Guaranteed delivery slot.

Q.2. What is the duration

Ans - You can avail a 1 month plan for Rs.99, 3 months plan for Rs.199 and 6 months plan for Rs. 349

Q.3. How do I renew?

Ans - You will get a notification of your membership expiry on the day and will be able to renew with your next order.

Q.4. Which orders are eligible for free delivery?

Ans - All orders above Rs.149 are eligible for free delivery.

Q.5. Which orders are eligible for instant discount?

Ans - Nurture discount is applicable only to fruits and vegetable products in the cart and not applicable to non fruits and vegetable products in the order.

Q.6. What does a guaranteed delivery slot mean?

Ans - It means that you will always get the time slot of your choice. Whether it be a rain, sunshine or a pandemic, we ensure to deliver your order on time, when you need it the most. No more waiting for several days during the peak season for your favorite fruits and veggies.

Q.7. Where can I see all my benefits and savings?

Ans - Once you become a nurture member. You can go to your Account page, and click on the nurture icon here to see all your benefits and how much has been used.

Q.8. What will happen to my previous nurture cashback?

Ans - You will be provided with the coupons against your cashback amount. If your wallet amount ranges from:

• Rs.0.0001 to Rs.30 - you will get Rs.30 off on MOV of Rs.300

• Rs.30.0001 to Rs.50 - you will get Rs.50 off on MOV of Rs.400

• Rs.50.0001 to Rs.100 - you will get Rs.100 off on MOV of Rs.650

• Rs.100.0001 to Rs.200 - you will get Rs.200 off on MOV of Rs.999

• Greater than Rs.200 - Rs.200 off MOV Rs.999 multiple coupons totaling to nearest multiple of 200 (upper limit) for eg: if you have Rs.900 cashback you will receive 5 coupons for your next 5 orders

Q.9. What will be the validity of coupons provided against cashback?

Ans - The validity for these coupon codes will be 30 days from the date of issue.

Q.10 Where can I see the coupon code(s)?

Ans - The coupon code(s) will be visible in the checkout page under the “Apply Coupon” section.

Q.11 What if my nurture membership has expired?

Ans - You will still be able to use the coupon(s) provided.

Q.12. Can I apply 2 coupons simultaneously?

Ans - No, you will not be able to apply 2 coupons in a single order.

Q.13. Why am I not seeing any discount applied on the item price?

Ans - The nurture benefits are already being applied on your orders but to make it visible you need to update the app to the latest version.

Deep Rooted Cash-back & Wallet Usage - Terms and Conditions

Effective 28 Nov, 2023, the DR cashback and wallet program as a benefit of 'Nurture' is discontinued. The handling of the existing cashback balance of users and specific use cases for wallet are detailed above in the respective sections.

The following terms and conditions are applicable to Deep Rooted Cash-back & Wallet usage (“DR Wallet“). These DR Wallet T&Cs are in addition to and will be read with the Terms and Conditions . The DR Wallet T&C may be amended at the discretion of HRPL and such amended terms will be posted here. Please review these terms from time to time.

• DR Cash-back is a form of redemption points given by HRPL for its users on the App and is offered either as a part of the first purchase or every purchase.

• The quantum of DR Cash-back issued, the maximum amount of DR Cash-back that can be redeemed per order and the validity of DR Cash-back may vary from time to time and will be indicated to a user on their respective App

• DR Cash-back cannot be converted into actual currency or be withdrawn or transferred to another user in any way

• DR Cash-back is intended for use only on the Platform and is not for use on other platforms

• DR Cash-back is to be used by users personally. Exploiting the use of Cash-back or assisting others to exploit is strictly prohibited, and will result in suspension/termination from use of the Platform.

• DR Cash-back cannot be redeemed for cash. It is not transferable and may not be auctioned, traded, bartered or sold.

• DR Cash-back may not be applicable for certain services and in certain geos, as per the independent discretion of HRPL. These restricted items will be indicated to the user on the Deep-Roored.Co App.

• DR Cash-back cannot be clubbed with any other discount or offer run on the Deep-Roored.Co App.

• In case of any issue pertaining to the quantum, usage and validity of Cashback etc., the independent decision made by HRPL shall be final and binding. Further, in the event, the Company has reasons to believe that a user has acted fraudulently for availing DR Cashback or has used DR Cashback in a manner inconsistent with these T&Cs, HRPL shall upon investigation have the right to suspend the user. Further, pending investigation, the user shall not be entitled to use the DR Cashback available with them.

Deep Rooted.Co (DR) Referral Program

1. The DR Referral Program is a reward program initiated by Herbaceous Retail Private Limited (HRPL) for encouraging eligible users to refer Deep Rooted to their friends and family and get exciting coupons for future orders. The coupons can be used within 30 days of activation.

2. Each eligible user (“Referrer”) is provided with a referral link, which he/she may choose to share with their friends and family. Please note, a referral link will be generated only after placing 4 successful orders on the Deep Rooted App/Website.

3. Each new user (“Referred”) downloading the Deep Rooted App shall use the referral link received by the Referrer during the download process. If the Referred user fails to download the Deep Rooted App using the referral link, they will not be eligible for the coupon reward.

4. The Referrer and the Referred will get coupons as a reward post successful delivery of the first order of the Referred user. The coupon gives flat ₹150 off ONLY on fruits and vegetable products worth of Rs 399/- in the next order. The coupon is valid till 30 days after the first order gets delivered to the Referred.

5. Each Referrer can refer any number of users, however, the Referrer can get coupon rewards for only a maximum of 6 successful referred users in a calendar month.

6. The Referred user will get the benefit of Referral coupon only on the first purchase and not any other subsequent purchases.

7. It is recommended that users must refer and distribute the referral links only to people they know personally and who have consented to receive such referral links. Users must not send the referral link in bulk and spam email inboxes nor must users post the link on any public platform for distribution to strangers.

8. For the purpose of these terms and conditions, “Eligible User” shall mean such users as may be indicated by HRPL from time to time. At the time of reading this, all users who have installed the Deep Rooted app, qualify as “Eligible User”

9. In case of any issue pertaining to the eligibility to refer or be referred or the benefits of referral accrued, decision made by HRPL shall be final and binding. For any issue pertaining to the receipt of coupon discount on the order, please write to cc@deep-rooted.co. Further in the event that HRPL has reasons to believe that a user has acted fraudulently for availing the rewards or has acted in a manner that is inconsistent with the T&Cs, HRPL shall, upon investigation, have the right to suspend the user.

10. Referral coupons can be redeemed for purchases only on the Deep Rooted app. They cannot be transferred to other users of Deep Rooted or any other platforms. At the time of reading this, there is a limit of 30 days on the validity of the Referral coupon from the time of its activation, the user can choose to use it anytime within those 30 days.

11. HRPL reserves the right to terminate the DR Referral Programme or modify these terms at any point in time, without notice to users.

12. These terms are in addition to and not a substitution for the terms and conditions on Deep Rooted or other product(s)/service(s) specific terms and conditions. Further, these terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles, and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts at Bangalore.

Deep Rooted - Offers for first time customers

The following terms & conditions are applicable to first time customers i.e. customers who are placing their first order within the Deep Rooted mobile application. These terms and conditions are in addition to and will be read with the Terms & Conditions. The campaign may be amended at the discretion of HRPL and such amended terms will be posted here.

• FIRSTORDER - User can avail 30% off up to Rs 150 only on fruits and vegetables products worth Rs 300/-. This offer is not valid for non fruits and vegetable products in the cart.

• Please refer below example

Minimum Order value - Rs 400, Discount - 20%, Maximum Discount - Rs 80

Delivery and Order cancellations

1. Delivery will be charged at INR 50 for a cart value lesser than INR 399.

2. An order can be placed anytime before 10pm to get next day delivery based on the item availability.

3. Customer can cancel the order any time until the order is shipped. Once the order is shipped, an order cannot be canceled and will not be refunded.

4. If an order cannot be delivered due to customer unavailability, neither the refund nor redelivery will be done.

Details of the Grievance Redressal Officer

Designation: Grievance Redressal Officer

Email: cc@deep-rooted.co

Address: Near Yalamma Temple, Ground Floor, No. 15, 16/2, Yellamma, 1st Cross Road, Konanukunte, Bengaluru, Bengaluru Urban, Karnataka, 560062.

BY USING THE PLATFORM, AND/OR BY AVAILING THE SERVICES, YOU SIGNIFY THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND AGREE TO THESE TERMS, INCLUDING THE PRIVACY POLICY PROVIDED HEREIN. THESE TERMS CONSTITUTE A BINDING AND LEGAL AGREEMENT BETWEEN YOU AND HRPL. HRPL RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THESE TERMS, AT ANY TIME. IT IS YOUR RESPONSIBILITY TO CHECK THESE TERMS PERIODICALLY FOR CHANGES. EVERY ACCESS BY YOU OF THE PLATFORM AND/OR AVAILMENT OF SERVICES IS DEEMED TO MEAN THAT YOU HAVE AGREED TO ACCEPT AND ADHERE TO THE TERMS AS AMENDED AND APPLICABLE AT SUCH TIME.

FRESH QUEST

Terms and conditions

1: The Fresh Quest contest is only available on the Deep Rooted app.

2: Contest starts on 19th July 2023 & ends on 31st August 2023 (11.59 pm).

3: To participate in the contest, one needs to be a Deep Rooted verified user & should have the latest app version

4: Badges can only be earned for distinct products in an order. Multiple units of the same product in an order, will only earn one badge for that product. Users can earn more badges for that product by adding it in their next order.

5: Badges will be added to the Fresh Quest tally only after the order has been successfully delivered. No badges will be added for canceled orders.

6: To win rewards, users need to cross badge milestones. A milestone, in this context, stands for 50, 100, 150 and 200 badges. The rewards structure upon touching different milestones will be as follows:

-50 badges: assured gift voucher worth ₹250

-100 badges: assured gift voucher worth ₹1000

-150 badges: assured gift voucher worth ₹2000

-200 badges: BUMPER prize!

7: All gift vouchers will be issued within 10 days of completing a milestone. Winning users shall be informed via an email to their registered email ID and an SMS to their registered phone number. Deep Rooted will not be responsible for a user’s incorrect email address or phone number submitted to their profile.

8:For any issues related to the redemption of gift vouchers, users can drop an email to cc@deep-rooted.co Or cs@xoxoday.com

9:Deep Rooted reserves the right to change/update the terms and conditions of Fresh Quest as and when required, without prior notice to the users.

FAQs

Q: What is the duration for Fresh Quest?

A: The Fresh Quest contest will start on 19th July 2023 and end on 11:59pm, 31st August 2023.

Q: How do I participate in the Fresh Quest?

A: In order to participate, you should have had 4 successful order deliveries in the past. All you have to do is order your favorite fruits & veggies from Deep Rooted and earn badges on every order.

Q: I am unable to see the Fresh Quest contest on the app.

A: To participate in the Fresh Quest contest, the app should be updated to the latest version. If you have not updated it already, kindly do so right away.

Q: I have updated the app to the latest version, but still can’t see the Fresh Quest contest.

A: You should have had at least 4 successful deliveries in the past to be able to participate in the contest. If the criteria is met, you will be able to see the Fresh Quest icon (a trophy) on the menu bar. Tap on this icon and it will redirect you to the Fresh Quest page.

Q: How can I earn badges for the Fresh Quest?

A: Each category on Deep Rooted has been assigned a playful badge. When you order any item from that category, you earn that badge for yourself. Each product is equal to one badge. Multiple quantities of the same product in an order will still earn only one badge for that category.

Q: I have placed the order, but I cannot see the badge added to my total.

A: Your earned badges are added to your total once your order has been delivered to you.

Q: How many products do I need to buy to earn a badge?

A: Each product (fruit or vegetable) is equal to one badge.

Q: How will I receive my assured prize?

A: Once you reach a milestone of 50, 100, 150 or 200 badges, the assured prize for that milestone will be shared to you in the next 10 working days via email and SMS.

Q: How can I see my total badges?

A: You can see your progress on the Fresh Quest contest page. You can access it from ‘Quest’ in the bottom navigation bar on the app or the Fresh Quest banner on the app homepage.

Q: Is there a minimum order value to earn a badge?

A: No, there is no minimum order value to earn a badge.

Q: Will I earn badges with every order?

A: Yes, you will earn badges with every order. Badges are added to the total once the order gets delivered.

Q: Does ordering more quantities of the same product earn me more badges?

A: No. If you buy multiple quantities of the same product in one order you will still earn only one badge related to the category.

Q: If I have ordered 12 items and I reject 2 products at the doorstep, how many badges will I earn?

A: In this case, you will earn only 10 badges.

Have more questions about the contest? Write to us us at cc@deep-rooted.co

T & C for SKU’s eliminated from Couponing

a) Please note, certain items from our catalog don't qualify for any coupon discounts. Here's the list of these items:

1. POT Combo

2. TOP Combo

3. Potato & Tomato Combo

4. Tadka Combo

5. DR Value Combo

6. Indian Greens Combo

7. Festive Combo 2

8. Vitamin C Booster Combo

9. Chutney Combo

10. Festive Combo 1

11. POT Value Combo

12. Easy Cook Comb

13. Fruit Recharge Combo

14. Capsicum Combo

15. Value Add Combo

16. Akshayakalpa Products

17. Eggoz Products

b) When applying any coupon at checkout, the aforementioned items (if in the cart) won't contribute to the minimum order value required for the coupon.

c) You can see the "not eligible for couponing" tag for these items on the listing page.

MATCH-THE-PAIR

Term and Conditions

1. Match-the-pair (MTP) contest is only available on the Deep Rooted app.

2. To participate in the contest, should have the latest version of the ‘Deep Rooted’ app and one needs to be a Deep Rooted verified user.

3. MTP is visible in the app only to those users who have had one order delivered anytime in the past. Over and above this, Deep Rooted can from time to time decide on the users who will have access to the game depending on the city, order history and any other criteria.

4. For users who have access to MTP, the game can be played only once a week. Playing entails completing the game successfully within the allotted time period or the time period elapsing and the user not having been able to complete the game successfully. Once either of these conditions are fulfilled, the user will have to wait for the next window of the game to open.

5. The winner of the game is a user who completes matching all the pairs within the allotted time. The winners will be awarded with a coupon which they can use to redeem against their purchase within the Deep Rooted app. The coupon terms and conditions are: 30% off, upto INR 90 only on fruits and vegetable products worth of INR 300. The coupon will be valid for 7 days from the date of issue. This coupon is only applicable to fruits and vegetables and not applicable to non fruit and vegetable products in the cart.

6. Deep Rooted reserves the right to change/update the terms and conditions of MTP as and when required, without prior notice to the users.

7. For any queries on MTP or the coupon, users can drop an email to cc@deep-rooted.co.

Consumer Survey Terms & Conditions

• The offer will only be available to users who will be completing the survey in a given time frame.

• The survey will last till 16 June 10.00 PM.

• The contestants who have completed the survey will receive a discount coupon code within 72 hours.

• The discount coupon code will be valid for single use only and cannot be clubbed with any other offer.

• The discount will only be applicable to fruits and vegetables and will not be applicable on Non fruit and vegetable products.

• The coupon will be reflected in the coupon section on the app.