Accessing data not intended for you, such as logging into a server or an account which you are not authorized to access; Scanning or monitoring the Site for data gathering purposes in an effort to track sales, usage, aggregate offering information, pricing information, or similar data; Scanning or testing the security or configuration of the Site or breaching security or authentication measures; or Interfering with service to any user in any manner, including, without limitation, by means of submitting a virus to the Site or attempting to overload, “flood,” “spam,” “mail bomb,” or “crash” the Site.
3. Collecting any of the following:
Content from the Site, including, without limitation, in connection with current or previously offered deals, and featuring such content to consumers in any manner that diverts traffic from the Site without our express written permission; or Personal Information (defined in our Privacy Statement), User Content, or content of any consumers or Sellers.
4. Engaging in any of the following:
Tampering or interfering with the proper functioning of any part, page, or area of the Site or any functions or services provided by Company; Exceeding or attempting to exceed quantity limits when purchasing Seller Offerings or Products, or otherwise using any Company account to purchase Seller Offerings or Products for resale or for speculative, false, fraudulent, or any other purpose not expressly permitted by these Conditions of Use and the terms of a specific offer on the Site; Accessing, monitoring, or copying any content from the Site using any “robot,” “spider,” “scraper,” or other automated means or any manual process for any purpose without our express written permission; Hyperlinking to the Site from any other website without our initial and ongoing consent; or Acting illegally or maliciously against the business interests or reputation of Company, our Sellers, or our services.
5. You shall not make any negative, denigrating, or defamatory statement(s)/comment(s) about us, the brand name or domain name used by us, including the terms [LOTUS], [LOTUS].com or otherwise engage in any conduct or action that might tarnish the image or reputation of [LOTUS] or sellers on the Website or otherwise tarnish or dilute any [LOTUS] trademark, service marks, trade name and/or goodwill associated with such trade, service marks or trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or [LOTUS]’s systems, networks, or any systems or networks connected to [LOTUS].
6. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website, any transaction being conducted on the Website or any other person’s use of the Website.
7. You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message, transmittal you send to us on or through the Website, or any service offered on or through the Website. You may not pretend that you are or represent someone else or impersonate any other individual or entity.
8. You may not use the Website or any content for any purpose that is unlawful or prohibited by the CoU or to solicit the performance of any illegal activity or other activity which infringes the rights of [LOTUS] and/or others.
9. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000, and the other rules thereunder as applicable and amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Integrated Goods and Services Tax Act, Central Goods and Services Tax Act, Food Safety and Standards Authority of India (FSSAI), relevant State Goods and Services Tax Act or Union Territories Goods and Services Tax Act and Custom Duty, Local Levies as may be applicable) and obtain the necessary licences and permits regarding your use of our Website, service and/or tools and your listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular you shall ensure that if any of your items listed on the Website qualifies as an "Antiquity" or "Art treasure" as defined in the Act ("Artwork"), you shall indicate that such Artwork is "non-exportable" and sold subject to the provisions of the Antiquities and Art Treasures Act, 1972, and shall ensure that it is not delivered to any buyer at any place outside India.
10. You shall strictly comply with the OFAC Regulations and Other Applicable Sanctions Regulations as may be amended from time to time.
11. Solely to enable us to use the information you provide us with and so that we do not violate any rights you might have in your information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sub-licensable (through multiple-tiers) right to exercise the copyright, publicity or database rights or any other rights you have in your information for any current or future promotional or advertising related activities and any business purposes of [LOTUS].
12. From time to time you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other users on the Website in any manner.
13. You shall not engage in advertising or solicitation of other sellers on the Website to buy or sell any products or services, including but not limited to products or services related to what is displayed on the Website. You may not transmit any chain letters or unsolicited commercial or junk email to other users acquired/via the Website. It shall be a violation of the CoU to use any information obtained from the Website in order to harass, abuse, or harm others or contact, advertise and sell to or solicit persons other than those who have chosen to buy from you. You understand that we have the right at all times to disclose any information (including the identity of the persons who have provided information or material on the Website) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with the investigation of an alleged illegal activity or its solicitation and/or response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorized us to) disclose any information about you to law enforcement or other government officials as we, at our sole discretion, deem necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. We reserve the right, but have no obligation, to monitor the material posted on the Website. [LOTUS] shall have the right, at its sole discretion, to remove any content that violates or is alleged to violate any applicable law or either the spirit or letter of the CoU. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIAL YOU POST ON THE WEBSITE AND YOUR INDEPENDENT COMMUNICATION WITH THE BUYERS AND OTHER SELLERS, REGARDLESS OF FORM. Please be advised that such content posted does not reflect [LOTUS]’s views. In no event shall [LOTUS] assume or have any responsibility or liability for any content posted on the Website or claims, damages, or losses resulting from its use and/or appearance of it on the Website. You hereby represent and warrant that you have necessary rights to all the content you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any misleading, libelous, tortious, or otherwise unlawful information.
14. Your correspondence or business dealings with or participation in the promotion of advertisers on or through the Website (including payment and delivery of related products or services, any other terms, conditions, warranties, or representations associated with such dealings) are solely between you and such advertisers. We shall not be responsible or liable for any loss or damage of any sort incurred as a result of such dealings or the presence of such advertisers on the Website.
15. It is possible that other users (including unauthorized persons or ‘hackers’) may post or transmit offensive or obscene material on the Website and that you may be involuntarily exposed to such material. It is also possible for others to obtain personal information about you due to your use of the Website and use such information to harass or injure you. We do not approve of such unauthorized uses but by using the Website, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Website. Please carefully select the type of information that you publicly disclose or share with others on the Website.
16. [LOTUS] shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group(s) of people, intentionally or unintentionally, in DoS (denial of service) / DDoS (Distributed Denial of Services).
You must be legally able to sell the item(s) you list for sale on our Website and must have all the necessary licences and permits required for such sale. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics, pictures or videos that describe your item for sale. All items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfilment of sales. The listing description of the item must not be misleading and must describe the actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amount that you may have received from the buyer. You agree not to list a single product in multiple quantities across various categories on the Website. [LOTUS] reserves the right to delete such multiple listings of the same product listed by you in various categories.
You shall also ensure full compliance with the provisions of Integrated Goods and Services Tax (IGST), Central Goods and Services Tax (CGST) and Union Territory Goods and Services Tax (UTGST) or State Goods and Services Tax (SGST) in respect of the goods/services supplied by you.
It is your responsibility to charge appropriate goods and services taxes on the supplies effected and remittance of the same to the Government. [LOTUS] shall not be responsible for any deficiency and/ or omission on your part.
It is your responsibility as a seller on the Website to choose the most applicable product tax codes and assign Harmonized System of Nomenclature / Service accounting Code applicable for your listing, such that the correct tax rate is applied on all listings offered for sale by you. If we determine that you are not in compliance with this section, then we may suspend the services provided to you on the Website.
If for any reason, any income tax or withholding tax or tax collection at source or such other taxes under applicable law are determined to be deducted and deposited on any payments or remittances to you, [LOTUS] will have the right to deduct and deposit any such applicable taxes with the appropriate regulatory authority. No claim in respect of the taxes deposited would be made by you against [LOTUS].
You shall also be required to provide your GSTIN, without which we will not be able to raise an invoice on you. In the event that you do not provide your GSTIN number, transactions on your account will be blocked and orders will not be processed on your account.
In case of any discrepancy in the reporting / returns filed by you and [LOTUS], you agree that you will resolve such discrepancy immediately and indemnify [LOTUS] against any tax, interest and penalty payable in this regard.
All text, graphics, seller interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork, notes, messages, emails, billboard postings, drawings, profiles, opinions, ideas, images, videos, audio files, other material or information (collectively ‘Content’) are third-party generated Content and [LOTUS] has no responsibility or liability over such third-party generated Content as [LOTUS] is merely an intermediary for the purposes of this CoU.
[LOTUS] grants sellers a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use [[LOTUS]] name and/or logo on seller’s invoice for transactions concluded on the Website. Further, [LOTUS] grants sellers a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use “[LOTUS].com” name and/or logo on packing material used by sellers for delivery of Products sold on the Website.
1. Transactions, transaction price and all commercial terms such as delivery, dispatch of products and/or services are as per principal to principal bipartite contractual obligations between sellers and buyers and the payment facility is merely used by sellers and buyers to facilitate the completion of transactions. Use of the payment facility shall not render [LOTUS] liable or responsible for non–delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after-sales or warranty services or fraud as regards the products and/or services listed on the Website.
2. You have specifically authorized [LOTUS] or its service providers to collect, process, facilitate, and remit payments and/or the transaction price electronically or through cash on delivery (CoD) to and from buyers in respect of transactions through payment facility. Your relationship with [LOTUS] is on a principal to principal basis and by accepting the CoU, you agree that [LOTUS] is an independent contractor for all purposes and does not have control of or liability for the products or services that are listed on the Website and paid for by using the payment facility. [LOTUS] does not guarantee the identity of any User nor does it ensure that a buyer or a seller will complete a transaction.
3. You understand, accept, and agree that the payment facility provided by [LOTUS] is neither a banking nor financial service, but merely a facilitator providing an electronic, automated online electronic payment facility for receiving payment, or cash on delivery (CoD) payment, collection and remittance for transactions on the Website using the existing authorized banking infrastructure and credit card payment gateway (PG) network. Further, by providing payment facility, [LOTUS] neither acts as a trustee nor fiduciary with respect to transaction or transaction price.
It is hereby clarified that cash on delivery (COD) option may not be available for select products or categories, at [LOTUS]’s sole discretion.
4. All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank that supports 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 a seller buyer and the respective issuing bank.
1. You, as a seller, shall be required to dispatch the products and/or services for every transaction to the buyer within the time period as provided in the COU to ensure that the products and/or services are delivered in a timely manner. Further, you will solely be responsible for undertaking transit insurance for products sold by You on the Website. For avoidance of doubt, [LOTUS] will not be responsible for undertaking any insurance(s) for products sold by sellers on the Website.
2. Seller shall provide dispatch details and details of after-sales services related to products and services listed by it on the Website to [LOTUS] in such a manner and within a time period as provided in the policies, failing which the transaction shall stand cancelled.
3. Seller shall dispatch the products and/or services using only an approved delivery channel which provides appropriate ‘proof of dispatch’ & ‘proof of delivery’ (PoDs) documentation. Such PoD documentation relating to delivery should be maintained by a seller for a period of 3 (three) years from the date of dispatch. The PoDs should be furnished to [LOTUS] on demand within the time frame as notified from time to time.
4. Seller agrees that the dispatch details shall be true, correct, and duly authorized and shall not be misleading, fraudulent, false, unauthorized, illegal and shall not contain any misrepresentation of facts.
5. In case a seller fails to provide dispatch details or provides dispatch details not complying with policies, it shall result in consequences as more specifically stated in the COU and may lead to suspension and/or termination of seller account.
6. Seller agrees that the transaction price paid by a buyer will be remitted to a seller’s bank account contingent upon the following events:
a) Buyer confirms the delivery of products and/or services in the transaction;
b) Buyer does not take any action on payment facility to confirm delivery within such a time period as provided in the policies despite confirmation of dispatch of products and/or services by a seller to the buyer;
c) Buyer’s refund claim is rejected by [LOTUS] due to any breach of the CoU, policies, and any applicable law;
Once the transaction is completed by the Seller, the remittance to seller shall be made in accordance with RBI Intermediary Guidelines.
7. You are required to route all shipments/consignments through the Logistic Partner, unless otherwise specified. ‘Logistic Partner’ shall mean a logistic service provider as approved by [LOTUS].
Before you list a product or service for sale through the Website, we request you to review our fee policy, which is hereby incorporated as [Annexure A] into this CoU. [LOTUS] reserves the right to change its fee policy from time to time. In particular, [LOTUS] may, at its sole discretion, introduce new services and modify some or all of the existing services offered on the Website. In such an event, [LOTUS] reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees (INR) and payable to [LOTUS]. You shall be solely responsible for compliance with all applicable laws for making payments to [LOTUS]. You hereby agree that [LOTUS] shall have the right to set off any amounts due and payable by You to [LOTUS] against any payments due from [LOTUS] to You.
GST /Taxes: You are responsible for paying all fees associated with the use of the Website and charges collected in respect of such usage. You agree to bear any and all applicable taxes, charges, cesses levied thereon (including CGST+SGST/IGST/CGST+UGST and GST cess as may be applicable to the transaction).
1.Seller undertakes that it has obtained and will continue to maintain in force all the necessary licenses, permissions, authorizations, and permits needed to distribute, market, supply and sell the [*] (“Products”) on www.[LOTUS].com under applicable laws, from time to time. The seller acknowledges and agrees that [LOTUS] shall be permitted to assign or otherwise furnish the undertaking to any authority or person as may be required for official purposes.
2. Seller shall comply with all laws and regulations applicable, including but not limited to anti-money laundering (including ‘know your customer’ and ‘customer due diligence’), and economic sanctions laws and regulations. Neither party will engage in a transaction pursuant to this CoU that will cause the other party to violate such regulations.
3. Seller shall ensure that no products are sourced or used in the manufacturing or in the provision of services which originate wholly or in part, from any of the prohibited countries stated in the ‘OFAC Regulations and Other Applicable Sanctions Regulations’.
4. If and to the extent that you collect, access, use, store, record, or otherwise process (collectively “Process”) any personally identified or identifiable information such as name, age, gender, email address, physical address, phone number, in any form that can be linked to a specific individual (“Personal Information”) received by you from or on behalf of [LOTUS] (or any [LOTUS] group company) employees, contractors, users, partners, or other third parties or otherwise obtained in connection with performing your obligations under this CoU (“[LOTUS]’s Personal Information"), you agree to:
a. comply with applicable data protection laws, rules and regulations governing the collection, use, protection, breach notification, retention, disclosure of Personal Information including but not limited to Information Technology Act, 2000 and the Information Technology (Reasonable Security practices and procedures and sensitive personal data or information) Rules, 2011 (“Applicable Data Protection Law”), including any requirements applicable to storage or cross-border transfer of Personal Information outside India;
b. keep and maintain all [LOTUS]’s Personal Information in strict confidence and the obligation to protect Personal Information shall survive in perpetuity; and c.process [LOTUS]’s Personal Information solely to fulfil Your obligations under this CoU and not sell, rent, lease or otherwise make an unauthorized disclosure of [LOTUS]’s Personal Information to any third party. 7. If and to the extent that you provide yours or others’ Personal Information to [LOTUS] for processing, you warrant that such Personal Information was collected lawfully, and there is no restriction on you under the Applicable Data Protection Law, from providing such Personal Information to [LOTUS] or any processing by [LOTUS] under this CoU.
[LOTUS] shall have the right to inspect and audit seller’s records and premises / place of business through itself or through [LOTUS] approved third party testing agencies. Cost of such an audit shall solely be borne by [LOTUS] unless the audit reflects discrepancy in seller accounts / non-compliance with [LOTUS]’s seller policies, in which case the cost of audit shall be borne by the seller.
Without limiting other remedies, we may limit your activity, immediately remove your information, warn other users of your actions immediately, temporarily/indefinitely suspend/terminate/block your account and/or refuse you access to the Website, or put your account on hold, in the event of, including but not limited to, the following: 1. if you breach the CoU or other policies (if any); 2. if we are unable to verify or authenticate any information you provide; 3. if it is believed that your actions may cause legal liability for you, other users, or us; or 4. if you do not produce the legal requirement documents. We may at any time, at our sole discretion, reinstate suspended sellers.
If any indemnified claim might adversely affect us, we may, to the extent permitted by applicable law, voluntarily intervene in the proceedings at our expense. You shall not consent to the entry of any judgment or enter into any settlement of an indemnified claim without our prior written consent.
IN NO EVENT SHALL [LOTUS] BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, DIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE COU, EVEN IF [LOTUS] HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
The CoU shall be governed, interpreted, and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be [New Delhi].
Any dispute or claim of any nature relating in any way to your use of any services covered under these CoU will be adjudicated through arbitration, by a sole arbitrator to be appointed by [LOTUS]. The arbitral proceedings shall be conducted in accordance with the provisions of the (Indian) Arbitration and Conciliation Act, 1996 or such statutory amendments thereof (“Arbitration Act”). The arbitration proceedings will be conducted in English and the venue of the arbitral proceedings shall be Delhi, India. Each party agrees that courts in Delhi will have the sole and exclusive jurisdiction over all arbitral applications. The fast track procedures under the Arbitration Act will apply to all proceedings as stipulated.
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. [LOTUS] makes no representation that the material on the Website is appropriate or available for use in other locations/countries other than India. Those who choose to access the Website from other locations/countries other than India do so on their own initiative and [LOTUS] is not responsible for supply of products/refund for the products ordered from other locations/countries other than India and compliance with local laws, if and to the extent local laws are applicable
You may not transfer or assign all or any portion of these CoU, by operation of law or otherwise, without our prior written consent. Any attempt to assign or otherwise transfer in violation of this section is void provided, however, that upon notice to [LOTUS], you may assign or transfer these CoU, in whole or in part, to any of your Affiliates as long as you remain liable for your obligations that arose prior to the effective date of the assignment or transfer under the CoU. You agree that we may assign or transfer our rights and obligations under CoU: (a) in connection with a merger, consolidation, acquisition or sale of all or substantially all of our assets or similar transaction;, or (b) to any affiliate or as part of a corporate reorganization; and effective upon such assignment, the assignee is deemed substituted for [LOTUS] as the party to these CoU. Subject to that restriction, these CoU will be binding on, inure to, and be enforceable against the parties and their respective successors and assigns. We may perform any of our obligations or exercise any of our rights under the CoU through one or more of our affiliates. Our failure to enforce your strict performance of any provision of these CoU will not constitute a waiver of our right to enforce such provision or any other provision of the CoU subsequently.