Terms & Conditions

Terms and conditions for using Lotcart website

This document is electronic record in terms of    information technology act 2000 (IT acts 2000) and provisions pertaining to electronics records in various statuses as mentioned by Information technology act 2000. This is electronic document and there is no need of physical signatures.
this document is published in as per the provisions of rule 3(1) of the information technology rules 2011 that require publishing the rules  and regulations, privacy policy and terms of use for access to usage of www.lotcart.com website.
 
The domain name www.lotcart.com (hereafter referred to as "website") is owned by Logicbuds Solutions & Services Pvt Ltd here after referred as "Logicbuds", a company incorporated under Companies Act 1956 with its registered office #36 1/A, Venkatadri Complex, Basaveshwar Nagar, Bangalore -560 079, Karnataka, India.
 
For the purpose of Terms of Use (ToU), user, you or your will mean any natural or legal user of the system. The word user is collectively indicates a seller, a buyer or any visitor on the website. We or us indicates Lotcart.
 
Use of website is governed by terms and conditions and policies included in the document. If you transact on website, you are bound by policies that apply to transactions. These rules will also apply for just using of website.
 
ToU is subject to changes periodically. Hence its responsibility of the user to periodically check ToU and get familiar with rules and regulations of website. By using website, user agrees for the terms and conditions of the website and its revisions and is bound of policies of www.lotcart.com.
 
This website does not allow sellers who are Minors (below 18 years of age). We have all the right to terminate sellers who are minors and do not possess authority to bind business entity to our ToU.
 
Account registrations
 
Confidentiality of display name, login and password is sole responsibility of user and by using website, user agrees to maintain confidentiality. All the information provided by user to us should be accurate and complete.  In case the information is incomplete, not true or not in accordance with ToU, we have all the right to suspend/terminate/block user from accessing the website.

Communications:

 When you use website, you agree that data is transferred electronically via mails or other data transfers. Here by you agree that you will receive data from electronic or other communication medium from us.
 
Lotcart : Only a platform not a party

Website is just a medium for interacting with each other for their transactions. It is in any case is not a party that controls any transaction on website.

Things to Know:
  1. Any offers by seller including (without limitation) price, shipping cost, delivery date, payment method, delivery modes, warranty and post delivery services are agreed by buyer. Lotcart has no role in nor have any control in these parameters. Lotcart does not advice any terms between seller and buyer.
  2. Lotcart does not make any promises regarding quality, value and stability of the products or services for the products sold on website. Lotcart does not accept any liability for errors or omissions on behalf of itself or third parties.
  3. Lotcart is not responsible for any breach of contract by seller or buyer.  Lotcart need not mediate in between to resolve differences between parties. Lotcart does not guarantee that you or buyer will perform transactions concluded on website.
  4. Lotcart does not take any possession of products sold on website during transaction.
  5. Lotcart is not responsible for any delayed performances of Services, damages or as result of out of stock items, unavailability or backordered.
  6. Lotcart is only medium between parties. Any sale on website is strictly an agreement or contract between seller (you) and buyer. Lotcart will act as medium to reach large audiences.
  7. Lotcart cannot control the information provided by other user which is available on website. If user finds the information offensive, harmful or inaccurate. Please use safe trading while transacting on website. Please make sure you are not hurting any sentiments. Also there might be some risks due to minor or people with false pretence. Please be cautioned.
Agreement for using website

It is agreed by all users that Logicbuds and website merely provide hosting services to its registered users and users of the website. All the items listed or advertised are posted by registered users and third party users. Lotcart does not initiate nor modify the information that is transmitted between buyer and seller. Lotcart does not have any control over third party contents. It’s just intermediary and does not come in between buyers and sellers.
 
Use of website is strictly governed by following principles and buyers and sellers agree to these for using website.
  1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
  1. Belongs to other person and over which you have not right.
  2. Is defamatory, harassing, harmful, obscene, pornographic, paedophilic, hateful, racially/ethnically objectionable, invasive of other privacy, unlawful in any manner, indecent representation of women within the meaning of indecent representation of Women (Prohibition) Act 1986.
  3. False, inaccurate or misleading in any way.
  4. Is sexually explicit content or content that’s promotes obscenity, racism, hatred, physical harm, or anything against group or individual.
  5. That causes Harassment to other person or group.
  6. Does cause spamming, junk mail or mass mailing.
  7. Promotes illegal activity or violets any third person rights including but not limited to copywriter work, such as pirated computer programs or links or pirated music, or links to pirated music.
  8. Provides material that exploits people in sexual, violent or any other inappropriate manner.
  9. Provides material about illegal activities like weapon making, virus or any illegal activity.
  10. Contains unauthorized  videos, or photographs or  images of another person(minor or Adult)
  11. Tries to extract information from other sites in any unlawful manners.
  12. Does involve pyramid selling or any commercial activity.
  13. Does involve gambling or any other illegal activity.
  14. That harms minors in any way.
  15. That infringes any trademark, copyright, proprietary rights, patent, third-party’s trade secrets, rights of publicity, or privacy, is fraudulent, or involves the sale of counterfeit or stolen items;
  16. Violets any law for the time being in force.
  17. Impersonates other person.
  18. contains software viruses or programs or any other computer codes, files designed to interrupt, destroy, or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept, or expropriate any system, data, or personal information
  19. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any offence or prevents investigation of any offence or is insulting any other nation
  20. Shall, directly or indirectly, offer or attempt to offer trade or attempt to trade in any item which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
  21. Shall create liability for us or cause us to lose (in whole or part) the services of our Internet Service Provider (“ISPs”) or other suppliers.
  22. That contains external link which are inappropriate for the website.
  23. You shall not use any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’, automatic device, program, algorithm, methodology, or any similar or equivalent manual process to access, acquire, copy, and monitor any portion of the Website or content. We have right to bar any activities for the attempt to obtain any material, documents or any information of the website.
  24. You shall not attempt to gain unauthorized access to any portion or feature of the Website, other systems, networks connected to the Website, server, computer, network, or the services offered on or through the Website by hacking, password ‘mining’, or any other illegitimate means.
  25. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website or breaches the security, authentication measures on the Website or any network connected to the Website.
  26. 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 Logicbuds, lotcart.com or otherwise engage in any conduct or action that might tarnish the image or reputation of Lotcart or sellers on the platform or otherwise tarnish or dilute any Lotcart trade mark, 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 Lotcart’s systems, networks, or any systems or networks connected to Lotcart.
  27. 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.
  28. You agree not to manipulate any information shared by other buyers/sellers.
  29. You may not use the Website or any content for any purpose that is unlawful or prohibited by the ToU or to solicit the performance of any illegal activity or other activity which infringes the rights of Lotcart and/or others.
  30. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000, and the rules there under 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 Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) 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.
  31. 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 or in any media now known or not currently known with respect to your information. We will only use your information in accordance with the ToU and privacy policy applicable to the use of the Website.
 
  1. Periodically 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.
 
  1. 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 via the Website. It shall be a violation of the ToU 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. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which a seller may send to other users in any 24-hour period, which we deem appropriate at our sole discretion. 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. Lotcart shall have the right, at its sole discretion, to remove or edit any content that violates or is alleged to violate any applicable law or either the spirit or letter of the ToU. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIAL YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such content posted does not reflect Lotcart’s views. In no event shall Lotcart 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, libellous, tortious, or otherwise unlawful information.
 
  1. 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 via the Website. It shall be a violation of the ToU 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. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which a seller may send to other users in any 24-hour period, which we deem appropriate at our sole discretion. 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. Lotcart shall have the right, at its sole discretion, to remove or edit any content that violates or is alleged to violate any applicable law or either the spirit or letter of the ToU. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIAL YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such content posted does not reflect Lotcart’s views. In no event shall Lotcart 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, libellous, tortious, or otherwise unlawful information.
  2. 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.
  3. Lotcart 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).
 
Selling

As a registered seller, you shall list item(s) for sale on the Website in accordance with the policies which are incorporated by way of reference in this ToU. 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 and pictures 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 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. Lotcart reserves the right to delete such multiple listings of the same product listed by you in various categories
For Food and Nutrition category, seller shall adhere to the minimum balance shelf life of above 70%. Bakery items, egg, milk products like Yogurt, Panner should have balance shelf life of 80%.
 
Logistics
 
  1. ‘Logistic Partner’ shall mean a logistic service provider approved by Logicbuds Solutions and Services Pvt Ltd.  
  2. You are requested to read the following points carefully before booking the consignment:
    Logistic Partner accepts documents for shipping from one destination to other. You may carefully note that your consignment   must not contain any letter of communication which will infringe the Indian Postal Act 1983. We accept parcels in good faith that     they do not contain anything, which will violate the law.
    'Shipment / Consignments' means all parcels (excluding documents) that travel under one waybill and which may be carried by   any means we choose, including air, road or any other carrier. A 'waybill' shall include any label produced by us under   automated systems, air waybill, or consignment note and shall incorporate the ToU. Every Shipment is transported on a limited  liability basis as provided herein. If a shipper requires greater protection, seller has to insure their respective consignments.
    Shipments are delivered only to the receiver`s address given by the seller but not necessarily to the named receiver personally.
  3. Consignments, which are of hazardous nature (Chemicals, flammable articles and liquids) expressly prohibited by the railway/airport authority or any other transport agency, shall not be accepted.
    You shall not enclose cash in the courier consignment and not book jewels, textiles, high value gift articles, share certificates  and travel documents. Our liability in cases of any loss or damage to the consignment shall not exceed Rs. 5000 /-
  4. You shall declare the value of the consignment on the consignment note & shipping label at the time of booking.
  5. You shall ensure that the consignment is properly packed with thick paper material to avoid damage. You shall use either plain   packaging material (without any branding) or packaging material with“Lotcart.com” name and/or logo for delivery of Products  sold on the Website. Under no circumstances shall the packaging material contain name, trademarks, logos, images, symbol,   text, graphics, photographs and/or other material or information belonging to any third party including any marketplace other  than Lotcart.
  6. If more than one consignment is booked to the same consignee on different airway bill numbers, you shall ensure that the full  address is written on all the consignments.
  7. Consignments addressed to Ministry Offices and Central Government Offices in New Delhi are put in the box at the gate, due to security reasons as per the direction of the Central Government without taking any POD proof/acknowledgement from the receiver.
  8. You have to hand over all their consignments before the specified CUT-OFF-TIME for on time delivery.
    Logistic Partner shall not be liable for any loss including but not limited to taxes and duties levied on the consignment arising due to confiscation of shipments by any Government Agencies due to lack of proper documents.
  9. Logistic Partner shall not be liable for any loss arising due to the causes beyond its control such as floods, accidents, fire, theft, war etc.
  10. Every effort is made to adhere to the delivery schedule, but it may be delayed in the circumstances beyond Logistic Partner’s  control.
  11. Octroi or any other charges levied by any Central/State/Local Authorities wherever applicable shall be extra and the seller shall pay it in Indian National Rupees.
  12. Logistic Partner is not liable for any loss, miss-delivery, delay or damage to any article/things/documents sent and no officer of  Logistic Partner is liable for any such loss or delay or damage.
     Logistic Partner has the right but not the obligation, to inspect any shipment without prior intimation to the seller for checking the  contents.
  13. All matters of business should be settled within the jurisdiction of the booking station.
    Parcels shall be accompanied by the respective state forms as prescribed by the Govt. of India to meet the requirements of tax authorities.
  14. Consignments addressed to a Post Box Number cannot be delivered.
  15. Seller shall indemnify and hold us, harmless for any loss or damage arising out of seller’s or Shipper’s failure to comply with any   applicable laws or regulations and for breach of the following warranties and representations:
 
  • All information provided by to Lotcart is complete and accurate;
    The shipment was prepared in secure premises by seller’s employees;
    The seller employed reliable staff to prepare the shipment;
    The seller protected the shipment against unauthorized interference during preparation.
  • storage and transportation to us
     The shipment is properly marked and addressed and packed to ensure safe transportation             With ordinary care in handling;
  • All applicable laws and regulations have been complied with;
     
      The invalidity or unenforceability of any provision herein shall not affect any other part of   this ToU.
  •  Dead/dry weights or volumetric weight, whichever is higher, will be charged & considered while calculating the weights & rates and will be billed to next higher half or one kg. The final weights will be marked by Logistic Partner itself. Any discrepancies in weight shall be rectified before final delivery to the customer. No post delivery weight disputes will be taken up by us.
  • All non documents consignments must accompany all statutory declarations and invoices for speedy regulatory clearances.

  • Seller has to provide at least 2 copies of invoice/declaration to facilitate delivery.
    Regular pick up will be carried out on the business days. Transit time will not include non –business days.
  • Notwithstanding anything contained anywhere or earlier agreed between the parties, any consignment which is returned back to origin (RTO) for any reason whatsoever shall be chargeable at the same rate at which the consignment was initially booked by the seller and the seller shall be liable for the payments of such RTO service charges without raising any objections or disputes whatsoever.
  • Logistic Partner will process all the parcels and process its through its various branches.
    It is expressly understood by the parties to the agreement that Logistic Partner is merely a service provider to seller.
  • Logistic Partner may provide web based online tracking for the shipments carried in its network..Customer may be provided facility to pay in cash or through card wherever possible for Cash on Delivery shipments. Logistic Partner will be liable for the damage to the shipment only if shipment has been identified as “damaged” by Logistic Partner before delivery to customer or customer has rejected the shipment with reason as “damaged shipment”.
  • Logistic Partner will not take any responsibility of damage to shipments for reverse pickup from customer or customer rejection of shipment at the time of delivery unless the same is on account of damage caused by Logistic Partner.
  • The first attempt for delivery of shipment shall be made by Logistic Partner within 7 business days after pickup from the location.13.Once a reverse pickup request is received by Logistic Partner, first pickup attempt for reverse pickup from consignee will be made within the next business two days.
  • If shipment could not be picked up from consignee location because of reasons beyond Logistic Partner’s control, Logistic Partner will not be held responsible for the same.
    Logistic Partner reserves the right to cancel the reverse pickup request without any prior intimation.

Content Posted on the Website
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 Lotcart has no control over such third-party generated content as Lotcart is merely an intermediary for the purposes of this ToU. Except as expressly provided in the ToU, no part of the Website and content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including ‘mirroring’) to any other computer, server, website or other medium for publication, distribution or any commercial enterprise without Lotcart’s prior written consent.
You may use the information on the products and services made available on the Website for downloading provided you:

 
  1. do not remove any proprietary notice language in all copies of such documents;
  2. use such information only for your personal, non-commercial informational purpose and do not  copy or post such information on any networked computer or broadcast it to any media;
  3. make no modifications to any such information; and
  4. do not make any additional representations or warranties relating to such documents.
  5. You shall be responsible for any content posted or transmitted on the Website by you. Such content will become our property and you grant us the worldwide, perpetual and transferable rights in such content. We shall be entitled to, consistent with our privacy policy as adopted in accordance with applicable law,  use the content or any of its elements for any type of purpose forever, including, but not limited to, promotional and advertising purposes in any media, whether now known or hereafter devised or the creation of derivative work. You agree that any content you post may be used by us, consistent with our privacy policy and rules of conduct on the Website as mentioned herein, and you are not entitled to any payment or other compensation for such use.
 
Limited License
Lotcart grants seller a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use "Powered by Lotcart" and/or “Lotcart.com” name and/or logo on seller’s invoice for transactions concluded on the Website. Further, Lotcart grants seller a limited, non-transferable, non-exclusive, non-sublicensable, non-assignable and personal license to use “Lotcart.com” name and/or logo on packing material used by seller for delivery of Products sold on the Website.
Privacy
Protection of your privacy is of utmost importance to us. We understand clearly that you and your personal information are among our most important assets. We store and process your information including any sensitive financial information collected (as defined under the IT Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with the IT Act, 2000, and the rules thereunder. Our current privacy policy is available on privacypolicy. If you object to your information being transferred or used in this manner, please do not use the Website.
We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.

We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.
We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.
We and our affiliates will share / sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information?
Types of sellers
  1. Preferred seller
In case of multiple sellers selling the same product, the preferred seller is one who is shown at the top of the sellers’ list. This is computed based on the following parameters:
  1. defect rate (calculated based on the total number of cancellations, returns, disputes, and poor ratings for a seller);
  2. time elapsed since last successful sale (it is applicable to only those sellers who have successfully completed 30 orders); and
  3. Such other parameters as may be specified from time to time.
Trusted seller
Sellers trusted by Lotcart to sell have a Lotcart trusted-seller badge associated with them. Sellers become eligible if they meet the following criterion -- less than 5% defect rate consistently for more than 6 months or such other parameters as may be specified from time to time
Payment
  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 Lotcart 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 Lotcart 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 Lotcart is on a principal to principal basis and by accepting the ToU, you agree that Lotcart 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. Lotcart 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 Lotcart 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, Lotcart neither acts as a trustee nor fiduciary with respect to transaction or transaction price.
  4. It is hereby clarified that cash on delivery (COD) option may not be available for select products or categories, at Lotcart’s sole discretion.
Payment Facility for Sellers:
  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 policies 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 on the Website. For avoidance of doubt, Lotcart will not be responsible for undertaking any insurance(s) for products sold by sellers on the Website. It is hereby clarified and agreed by the seller that Lotcart is merely a facilitator so far logistic services are concerned and logistic services are provided by the Logistic Partner. Further, as and when the goods are shipped through such Logistic Partner, seller shall enter into a bi-partite contract with the Logistic Partner and Lotcart shall not be a party to such contract / transaction and all rights / liabilities / obligations with respect to such logistic services shall be between seller and Logistic Partner.
  2. Seller shall provide dispatch details and details of after-sales services related to products and services to Lotcart 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 twelve (12) months from the date of dispatch. The PoDs should be furnished to Lotcart 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 policies 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: Buyer confirms the delivery of products and/or services in the transaction;
  7. 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;
  8. Buyer’s refund claim is rejected by Lotcart due to any breach of the ToU, policies, and any applicable law;
  9. Remittances to a seller (after deduction of commissions at applicable rates) for successful transactions under promotional offers [PO] may be made in multiple transactions through its bank accounts and would be in compliance with directions issued by the Reserve Bank of India (RBI) for opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009 (‘RBI Intermediary Guidelines”).
  10. [PO] Promotional offers are marketing activities as part of which buyers are offered discounts or free products provided they meet the offer criteria. These could be referred to under the Lotcart Promotions section on the seller portal.
  11. Remittances to a seller for CoD transactions (after deduction of commissions at applicable rates) shall be made through cheque/demand draft or online bank transfer which may be in multiple transactions through its bank accounts; to the seller’s bank account in accordance with transaction timelines prescribed in clause herein below.
  12. Transaction Timelines: Transaction on the Website shall be deemed to be complete only once the following action items are concluded by the respective parties as detailed below: Action Item Days
 
Sl. No Action Item Days
1 Seller to procure and ship the product(s) sold 1 - 21 days
2 Logistics partner to ship and deliver (install, wherever applicable) the product(s) sold (post step 1) 2 - 7 days
3 Buyer to confirm (post step 2) 1 - 45 days
 
 
 
Exemptions to the above-listed timelines:
13) Pre-orders where buyer places an order in advance and receives the item as per the timelines stated on the Website,
14)  International procurement where buyer procurement takes more than 21 days as on the website
Once the transaction is completed as stated above, the remittance to seller shall be made in accordance with RBI Intermediary Guidelines.
Prepaid Payment Instruments
  1. Lotcart may, either itself or through third-party service providers, offer prepaid instruments as a payment option for transactions on the Website to users. Any purchases by buyers on the Website using the prepaid instruments shall be governed by the following terms and conditions:
  2. Such prepaid instruments may be used to make payments for the products purchased on the Website
  3. Such prepaid instruments can be redeemed by buyers by selecting the payment mode as may be provided on the Website.
  4. Such prepaid instruments cannot be used to purchase other prepaid instruments or gift vouchers.
  5. If the order value exceeds the amount of such prepaid instruments, the balance must be paid by the respective buyer via Credit Card/Debit Card /Internet Banking. COD shall not be available as payment option for such transactions.
  6. If the order value is less than the amount of such prepaid instruments, the outstanding balance (after deduction of order value) will reflect as credit balance for such prepaid instruments.
  7. Prepaid instruments and any unused balance of such prepaid instruments shall expire 1 year from the date of their issue.
  8. Prepaid instruments cannot be redeemed for Cash.
  9. Lotcart is not responsible if prepaid instruments are lost, stolen, or used without permission.
  10. Buyers can combine and use a maximum of 3 prepaid instruments per order. They can be combined with promotional codes.
  11. Purchases of prepaid instruments are not eligible for cashback offers.
  12. All sellers on the Website will accept this prepaid instrument as a payment instrument.
Lotcart will be responsible for making payments to sellers.
Lotcart will make payments to sellers whose products have been purchased by buyers redeeming electronic gift vouchers (EGV) as per the guidelines issued by the Reserve Bank of India from time to time.

Charges
  1. Registration on the Website is free. Lotcart does not charge any fee for browsing/registering on the Website. However, before you list an item for sale through the Website, we request you to review our fee policy, which is hereby incorporated by reference into this ToU. Lotcart reserves the right to change its fee policy from time to time. In particular, Lotcart 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, Lotcart 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 Lotcart. You shall be solely responsible for compliance with all applicable laws, including those in India, for making payments to Lotcart.
Taxes:

You are responsible for paying all fees associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.
Rules for Express Remittance for Qualified sellers
  1.  A seller agrees that Lotcart may offer to provide Express Remittance to qualified sellers. Express Remittance shall be subject to RBI Intermediary Guidelines and arrangements/directions of the nodal bank. Lotcart, at its sole discretion, may make such an offer to qualified sellers and the same shall not be construed as a right but only as a privilege. Qualified sellers understand that Lotcart reserves the right to withdraw Express Remittance at any time for any violation of the ToU or Lotcart’s policies and/or failure by qualified sellers to maintain or comply with the parameters as may be decided by Lotcart from time to time.
  2. A seller expressly agrees that issuing correct and complete invoice is the sole and primary responsibility of a seller. Furthermore, seller shall ensure that invoices state ‘Powered by Lotcart’ and failing to do so, a seller shall be liable to chargebacks (as applicable).
    1. In case of any chargeback levied by the bank, Lotcart shall have the right to deduct such chargeback from seller remittances, present and future, and a seller’s only remedy will be to discuss and resolve the same with the bank. A seller hereby agrees to extend full co-operation in resolving the chargeback disputes rose by a buyer through the bank and shall provide necessary documentation regarding the transaction to the complete satisfaction of the bank. In case the chargeback is ruled against a seller, Lotcart shall be entitled and authorized to recover the same from the seller to its fullest extent and the bank’s decision shall be final and binding in this regard. In the event Lotcart has made any excess payment to seller inadvertently, such excess payments shall be set-off from any future payments payable by Lotcart to the seller.
  3. Lotcart may delay notifying the payment confirmation, i.e. informing seller to dispatch if Lotcart deems suspicious or a buyer conducts high transaction volumes to ensure safety of the transaction and transaction price. In addition, Lotcart may hold transaction price and not inform seller to dispatch or remit transaction price to law enforcement officials (instead of refunding the same to a buyer) at the request of law enforcement officials or in the event of a buyer being engaged in any form of illegal activity.
  4. Sellers acknowledge that Lotcart will not be liable for any damages, interests, claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price that is beyond the control of Lotcart.
  5. Lotcart shall make payments into the bank account provided by a seller during the seller registration process. Once Lotcart has made payments into such a bank account number, Lotcart shall be discharged of any/all liabilities towards the seller and the seller shall not be eligible for any claims whatsoever.
Compliance with Laws:
  1. Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment ) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Legal Metrology Act, 2009 and the rules made thereunder, Export Import Policy of Government of India) and obtain the necessary licences and permits applicable to them [including the licences under the Foods Safety and Standards Act, 2006 for sale of products under Food and Nutrition category] for using Payment Facility and Website.
  2. 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.
  3. In the event of sale of jewellery, seller shall provide hallmark certificate (in accordance with applicable laws) along with the product at the time of delivery. Further, it shall be sole responsibility of the seller to comply with hallmarking or other similar provisions applicable for the sale of jewellery and Lotcart shall not be liable whatsoever for any non-compliance in this regard.
  4. In the event of sale of jewellery, seller shall ensure conducting of buyer KYC in accordance with the prevention of anti-money laundering laws and other applicable laws. Lotcart hereby disclaims any responsibility for conducting Buyer KYC.
 
Digital Content: Music

Music (MP3 format):
Only certain short listed sellers (at the sole discretion of Lotcart) shall be entitled to sell music (MP3 format) on the Website. Buyers may be able to purchase DRM-free digital music in MP3 file format on the Website from respective sellers. Such MP3 music files shall be provided to buyers, as per selection provided by sellers, subject to certain limitations as described by sellers. Buyers shall be granted specified download rights of DRM-free MP3 music files from the catalogue of MP3 music displayed on the Website. The MP3 music may include full-length MP3 audio tracks at best available bit rate and certain other premium features as may be provided on the Website by respective sellers from time to time
 
Currently buyer can purchase downloadable digital MP3 music only through the Website, as may be made available from time to time on the Website only within the territory of India.
Intellectual Property Rights
It is hereby specifically recorded that the copyright and other intellectual property on music available on the Website is the sole and exclusive property of third parties. Sellers represent and warrant that sellers are authorized by such third parties to upload music on the Website for license of use to end customers. Intellectual property rights for the purpose of the ToU shall always mean and include copyrights, whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs -- both industrial and layout -- geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights and infringement rights. All those intellectual property rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of Lotcart as the owner of such domain names. The parties hereto agree and confirm that no part of any intellectual property rights mentioned hereinabove is transferred in the name of users and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession, and our control or control of its licensors, as the case may be. You shall promptly notify us in writing upon your discovery of any unauthorized use or infringement.
 
 
Product Description
 
Lotcart does not warrant that product description or other content on the Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
 
Lotcart shall have the right to inspect and audit seller’s records and premises / place of business through itself or through Lotcart approved third party testing agencies. Cost of such audit shall solely be borne by Lotcart unless audit reflects discrepancy in seller accounts / non-compliance with Lotcart’s seller policies, in which case 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 in the event of, including but not limited to, the following:

1. if you breach the ToU, privacy policy or other policies (if any);
2. if we are unable to verify or authenticate any information you provide; or
3. if it is believed that your actions may cause legal liability for you, other users, or us;

We may at any time, at our sole discretion, reinstate suspended sellers. A seller that has been suspended or blocked may not register or attempt to register with us or use the Website in any manner whatsoever until such time that such a seller is reinstated by us. Notwithstanding the foregoing, if you breach the ToU, privacy policy or other rules and policies, we reserve the right to recover any amounts due and owed by you to us and take strict legal action, including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
 
You shall indemnify and hold harmless Lotcart its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees from any claim, demand, or actions including reasonable attorneys' fees made by any third party or penalty imposed due to or arising out of your breach of the ToU, privacy policy and other policies or your violation of any law, rules, regulations or the rights (including infringement of intellectual property rights) of a third party.
Trademark complaint
Lotcart respects the intellectual property of others. In case you feel that your trademark has been infringed, you can write to Lotcart at trademark@lotcart.comorvendor@lotcart.com   
Copyright complaint
Lotcart respect the intellectual property of others. In case you feel that your work has been copied in any way that constitutes copyright infringement you can write to Lotcart at copyright@lotcart.com
 
Trademark, Copyright and Restriction
The Website is controlled and operated by Lotcart and products are sold by respective registered sellers. All material on the Website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks and other intellectual property rights. You must not copy, reproduce, republish, upload, post, transmit, or distribute Lotcart’s or other sellers’ material in any way, including by email or other electronic means and whether, directly or indirectly, you must not assist any other person to do so. Without the prior written consent of the owner, modification or use of the material on any other website/networked computer environment or for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights is prohibited. Any use for which you receive any remuneration, whether money or otherwise, is a commercial use for the purposes of this clause.
Limitation of Liability
IN NO EVENT SHALL LOTCART BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE TOU, EVEN IF LOTCART HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Applicable Law
The ToU shall be governed, interpreted, and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be Bangalore.
Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Lotcart 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 Lotcart 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.
 
 
 
 
 
Contact Us
 
Please send any comments or questions, including all enquiries not related to trademark and copyright infringement, on the Website to vendor@lotcart.com
 
Grievance Officer
In accordance with the IT Act, 2000, and the rules thereunder, the name and contact details of the grievance officer are provided below: