These Conditions of Use (here in after referred to as "CoU") govern your use of the platform with the domain name [Lotus Emall], including the related mobile site and mobile application (here in after referred to as "Website"), which is owned and operated by [Lotus Emall] (here in after referred to as' [Lotus Emall]), a [Lotus Emall] with its registered office at [Lotus Emall].
[Lotus Emall] is the licenced owner of the brand [Lotus Emall]. The Website is a platform for domestic consumers to transact with third-party sellers who have been granted access to the Website to display and offer products for sale through the Website. Please keep in mind that the website is intended to be a platform for end-users interested in purchasing products for domestic self-consumption.
To be clear, [Lotus Emall] does not provide any services to users other than the website as a platform for them to transact at their own cost and risk, and such other services as may be specifically notified in writing.
For the purpose of the CoU, wherever the context so requires, "you" and "your" shall relate to [Lotus Emall], having a place of business at [Lotus Emall], who has agreed to become a seller on the Website by providing registration data while registering on the Website. The word "user" shall collectively imply a seller, a buyer, and any visitor on the Website, and the terms "we," "us," and "our" shall mean [Lotus Emall].
If you transact on the Website, you will be subject to the policies that are applicable to the Website for such a transaction. You are contracting with [Lotus Emall] simply by using the Website, and these terms and conditions, including the policies, constitute your binding obligations to [Lotus Emall].
We reserve the right at all times to discontinue or modify any part of these conditions of use in our sole discretion. If we make changes that affect your use of the Website or our services, we will post notice of the change on the Conditions of Use page. Your continued use of the website following the changes or updates will mean that you accept and agree to the revisions. As long as you comply with the CoU, we grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Website.
By accessing, browsing, or otherwise using the Website, you agree to all of the terms and conditions set forth in the COU. Please read the COI carefully before proceeding.
The Website is only available to those who can form legally binding contracts under the Indian Contract Act of 1872.[Lotus Emall] reserves the right to terminate your registration and/or refuse you access to the Website if it is brought to [Lotus Emall]’s notice or discovered that you are under the age of 18 years. If you registered as a business entity, you represent that you are duly authorised by the business entity to accept the CoU and that you have the authority to bind the business entity to the CoU.
In the course of your use of the website, you agree to furnish your details and information as requested by us from time to time. You shall remain responsible for maintaining the confidentiality of this information, as well as your display name, login and password details. You agree that if you provide any information which is untrue, inaccurate, not current, or incomplete, and we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or that such information, including your conduct, is not in accordance with the CoU, we shall have the right to suspend or terminate your account on the Website or indefinitely block you from accessing the Website.
As part of the registration process on the Website, [Lotus Emall] may collect the following personally identifiable information about you, including but not limited to: name, email address, age, address, mobile phone number, and other contact details; demographic profile (like your age, gender, occupation, education, address etc.); and information about the pages on the Website you visit/access, the links you click on the Website, the number of times you access a particular page/feature, and any such information. Information collected about you is subject to the Privacy Policy of Lotus Emall, which is incorporated into these CoU by reference.
You represent and warrant that: (a) If you are a business, you are duly organized, validly existing, and in good standing under the laws of the territory in which your business is registered, and you are a resident of India for income tax purposes each fiscal year;
(b) You have all the necessary rights, power, and authority to enter into this CoU and perform obligations and grant the rights, licenses, and authorizations you grant hereunder; and
(c) You will comply with all applicable laws.
You release us from, and agree to indemnify, defend, and hold harmless us (and our officers, directors, employees, agents, and affiliates) against, any third party claim, loss, damage, settlement, cost, taxes, expense, or other liability (including, without limitation, attorneys' fees) arising from or related to your actual or alleged breach of any representations that you have made.
The website is a platform that users utilise to independently meet and interact with one another for their transactions. [Lotus Emall] is not and will not be a party to any transaction or dispute between Website users.
1. All commercial/contractual terms are offered by you and agreed upon between you and buyers alone. The commercial/contractual terms include (without limitation) price, shipping costs, payment methods and terms, date, period, and mode of delivery, and warranties and after-sales services related to products and services. [Lotus Emall] does not determine, advice, have any control, or in any way involve itself in the offering or acceptance of such commercial/contractual terms between you and buyers.
2. [Lotus Emall] does not make any representations or warranties regarding specifics (such as quality, value, and saleability) of the products or services proposed to be sold, offered to be sold or purchased on the Website. [Lotus Emall] does not implicitly or explicitly support or endorse the sale or purchase of any products and services on the Website. [Lotus Emall] accepts no liability for any errors or omissions of third parties in relation to the products and services.
3. [Lotus Emall] is not responsible for any non-performance or breach of any contract between you and buyers. [Lotus Emall] cannot and does not guarantee that you and buyers concerned will perform transaction(s) concluded on the Website. [Lotus Emall] shall not and is not required to mediate or resolve disputes or disagreements between you and buyers.
4. [Lotus Emall] does not make any representations or warranties regarding item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its users. You are advised to independently verify the bona fides of any particular buyer you choose to deal with on the Website and use your best judgement in that regard.
5. [Lotus Emall] does not at any point in time during a transaction between you and a buyer on the Website come into or take possession of any of the products or services offered by you, gain title to or have any rights or claims over the products or services offered by you to the buyer.
6. At no time shall [Lotus Emall] hold any right/title to or interest in the items nor have any obligations or liabilities with respect to such a contract. [Lotus Emall] is not responsible for unsatisfactory or delayed performance of services, damages, or delays as a result of items which are out of stock, unavailable, or back-ordered. That 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 [Lotus Emall] for redelivery shall be claimed from you.
7. The Website is only a Website that can be utilised by you to reach a larger customer base to sell items or services. [Lotus Emall] only provides a Website for communication and it is agreed that the contract for sale of any products or services shall be a strictly bipartite contract between you and the buyer.
8. You release and indemnify [Lotus Emall] and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users on the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts on that behalf, [Lotus Emall] cannot control the information provided by other users which is made available on the Website. You may find other user's information to be offensive, harmful, inaccurate or deceptive. Please use caution and practise safe trading when using the Website. Please note that there may be risks in dealing with underage persons or people acting under false pretence.
9. We have made every effort to display the colours of our products/services that appear on the Website as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.
We aim to ensure that the prices of all products and services offered for sale by you are reflected as true and correct on the Website in terms of the information and data provided by you regarding pricing. However, from time to time, the prices of certain products and services may not be current or may be inaccurate on account of technical issues, typographical errors, or incorrect product information provided to us by third-party sellers. In each such case, notwithstanding anything to the contrary, we reserve the right to cancel the order without any further liability.
All the products and services listed on the website will be sold at MRP unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged on the date of delivery. Although the prices of most of the products and services do not fluctuate on a daily basis, some of the commodities may change on a daily basis. If 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.
Importantly, please note that the seller is entitled to the selling price mentioned by him, but Lotus reserves the right to display a decreased price (for example, by providing discounts) or increased price (for example, by charging extra) with respect to any product from any seller. Even in such a scenario, the seller would get his original selling price.
As per our policy, if a seller requests the closure of the account, the account will be put on hold for a period of 90 days to ensure the smooth closure of transactions that have been made prior to the closure request, and this will be available to the said seller for downloading payment and taxation reports, if required. After 90 days, the seller would be required to reach out to us again, confirming that he has downloaded the reports and requesting a deactivation. Upon receiving this confirmation, the seller’s account will be deactivated provided there are no outstanding payments due from the seller, with certain information being retained by [Lotus Emall] at all times, such as the registered mobile number, registered email ID, GSTIN, and other transaction-related information. Such information is being retained for audit purposes and to prevent fraudulent acts by the sellers in the future. If a seller decides to resume his business with [Lotus Emall] again, he/she will not be able to create a new account, but the older account can be restored if it is required.
When you use the Website or send emails to [Lotus Emall], you are communicating with us electronically and consent to receiving electronic communications related to your use of the Website. We will communicate with you by email or by posting notices on the website. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the
You agree and understand that [Lotus Emall] and the Website merely provide hosting services to its registered users and those browsing or visiting the Website. All items advertised/listed and the contents therein are advertised and listed by registered users and are third-party user-generated content. "Lotus Emall" shall bear no responsibility or liability in relation to or arising out of third party user-generated content. [Lotus Emall] neither originates nor initiates the transmission, nor selects the sender and receiver of the transmission, nor selects nor modifies the information contained in the transmission.
"Lotus Emall" is merely an intermediary and does not interfere in the transaction between buyers and sellers.
You agree, undertake, and confirm that your use of the Website will be governed strictly by the following binding principles:
1. You shall not host, display, upload, modify, publish, transmit, update or share any information or image which:
(a) Belongs to another person and over which you have no right;
(b) Is grossly harmful, harassing, blasphemous, defamatory, bigotry, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or harassing, including but not limited to ‘indecent representation of women’ within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) Is false, inaccurate or misleading in any way;
(d) Is patently offensive to the online community, such as sexually explicit content or content that promotes obscenity, paedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual;
(e) Harasses or advocates harassment of another person;
(f) Involves the transmission of ‘junk mail’, ‘chain letters’, unsolicited mass mailing, or ‘spamming’; including spamming by ways of unrelated feedbacks on surveys;
(g) Promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory, or libellous;
(h) Infringes upon or violates any third party's rights [including but not limited to intellectual property rights, rights of privacy (including without limitation unauthorised disclosure of a person's name, email address, physical address, or phone number) or rights of publicity];
(i) Promotes an illegal or unauthorised copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material) such as providing pirated computer programmes or links, information to circumvent manufacturer-installed copy-protect devices, or pirated music or links to pirated music files;
(j) Contains restricted or password-only access pages, hidden pages or images or URLs leading to any other pages (those not linked to or from another accessible page);
(k) Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses;
(m) Contains unauthorised videos, photographs or images of another person (whether a minor or an adult);
(n) Tries to gain unauthorised access or exceeds the scope of authorised access to the Website, profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Website, or solicits passwords or personal identifying information for commercial or unlawful purposes from other users on the Website;
(o) Engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, pyramid schemes, or the buying or selling of ‘virtual’ items related to the Website without our prior written consent. Throughout the CoU, [Lotus Emall]’s prior written consent means a communication coming from [Lotus Emall]’s Legal Department in response to your request and specifically addressing the activities or conduct for which you have sought authorization;
(p) Solicits gambling or engages in any gambling activity which we, at our sole discretion, believe is or could be construed as being illegal;
(q) Interferes with another’s use and enjoyment of the Website;
(r) Refers to any website/URL which, at our sole discretion, contains material that is inappropriate for the Website or any other website and content that is prohibited or violates the letter and spirit of CoU;
(s) Harms minors in any way;
(t) Infringes any patent, trademark, copyright, proprietary rights, third-party’s trade secrets, rights of publicity, or privacy, is fraudulent, or involves the sale of counterfeit or stolen items;
(u) Violates any law for the time being in force;
(v) Deceives or misleads the addressee/ users about the origin of messages or communicates any information which is grossly offensive or menacing in nature;
(w) Impersonates another person;
(x) Contains software viruses or any other computer codes, files, or programmes 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;
(y) 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; offends the religious and national sentiments of the nation as included in ‘Zero Tolerance to Profanity, Hurting National and Religious Sentiments’ policy;
(z) 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;
(A)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.
2. Attempting to do or actually doing any of the following:
Accessing data not intended for you, such as logging into a server or an account which you are not authorised 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 Emall], [Lotus Emall].com or otherwise engage in any conduct or action that might tarnish the image or reputation of [Lotus Emall] or sellers on the Website or otherwise tarnish or dilute any [Lotus Emall] 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 Emall]’s systems, networks, or any systems or networks connected to [Lotus Emall].
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 Emall] 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 ("Art work"), 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 OF AC 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 Emall].
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 emphasise 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 authorised 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 Emall] 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 Emall]’s views. In no event shall [Lotus Emall] 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.
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 unauthorised 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 unauthorised 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 Emall] 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 Emall] 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 Emall] 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 Emall] 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 Emall].
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 Emall], you agree that you will resolve such discrepancy immediately and indemnify [Lotus Emall] 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, opinions, ideas, images, videos, audio files, other material or information (collectively "Content") are third-party generated Content and [Lotus Emall] has no responsibility or liability over such third-party generated Content as [Lotus Emall] is merely an intermediary for the purposes of this CoU.
Except as expressly provided in the CoU, no part of the Website, including the Content, may be copied, reproduced, republished, uploaded, 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 [Lotus Emall]’s prior written consent. You are solely responsible for the content that you post or transmit on the Website. The content will become our property and you grant us the worldwide, perpetual, royalty-free, and transferable rights to such content. 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 this COU, and you are not entitled to any payment or other compensation for such use.
Furthermore, [Lotus Emall] grants sellers a limited, non-exclusive, non-sub licensable, non-assignable, and personal licence to use the "[Lotus Emall].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 based on principal-to-principal bipartite contractual obligations between sellers and buyers, and the payment facility is merely used to facilitate transaction completion by sellers and buyers. The use of the payment facility does not hold [Lotus Emall] liable or responsible for non–delivery, non–receipt, non–payment, damage, breach of representations and warranties, failure to provide after-sales or warranty services, or fraud in relation to the products and/or services listed on the Website.
2. You have expressly authorised [Lotus Emall] or its service providers to collect, process, facilitate, and remit payments and/or the transaction price electronically or by cash on delivery (CoD) to and from buyers in connection with transactions facilitated by the payment facility. Your relationship with [Lotus Emall] is on a principal-to-principal basis, and by accepting the CoU, you agree that [Lotus Emall] 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 using the payment facility. [Lotus Emall] does not guarantee any user's identity, nor does it guarantee that a buyer or seller will complete a transaction.
3. You understand, accept, and agree that the payment facility provided by [Lotus Emall] is not a banking or financial service, but rather a facilitator offering an electronic, automated online payment facility for receiving payment, or cash on delivery (CoD) payment, collection, and remittance for transactions on the Website using the existing authorised banking infrastructure and credit card payment gateway (PG) network. Further, by providing a payment facility, [Lotus Emall] neither acts as a trustee nor a fiduciary with respect to the transaction or transaction price.
It is hereby clarified that the cash on delivery (COD) option may not be available for select products or categories, at Lotus Emall’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 facilities to provide these services to the users. All such online bank transfers on payment facilities are also governed by the terms and conditions agreed to between a seller and a buyer and the respective issuing bank.
1. You, as a seller, will 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. To be clear, [Lotus Emall] will not be responsible for providing any insurance(s) for products sold by sellers on the Website.
2. The seller shall provide dispatch details and details of after-sales services related to products and services listed by it on the Website to [Lotus Emall] in such a manner and within the time period as provided in the policies, failing which the transaction shall be cancelled.
3. The seller shall dispatch the products and/or services using only an approved delivery channel that provides appropriate "proof of dispatch" and "proof of delivery" (PoDs) documentation. Such POD documentation relating to delivery should be maintained by a seller for a period of three (3) years from the date of dispatch. The PoDs should be furnished to [Lotus Emall] on demand within the time frame as notified from time to time.
4. The seller agrees that the dispatch details shall be true, correct, and duly authorised 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 that do not comply with policies, it shall result in consequences as more specifically stated in the COU and may lead to suspension and/or termination of the seller's account.
6. The seller agrees that the transaction price paid by a buyer will be remitted to the 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 the payment facility to confirm delivery within such a time period as provided in the policies;
c) Buyer’s refund claim is rejected by [Lotus Emall] due to any breach of the CoU, policies, and any applicable law;
Once the transaction is completed by the seller, the remittance to the 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 Emall].
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 Emall] reserves the right to change its fee policy from time to time. In particular, [Lotus Emall] 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 Emall] 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 Emall]. You shall be solely responsible for compliance with all applicable laws for making payments to [Lotus Emall]. You hereby agree that [Lotus Emall] shall have the right to set off any amounts due and payable by you to [Lotus Emall] against any payments due from [Lotus Emall] 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.lotusemall.com under applicable laws, from time to time. The seller acknowledges and agrees that [Lotus Emall] 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 ‘OF AC 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 Emall] (or any [Lotus Emall] group company) employees, contractors, users, partners, or other third parties or otherwise obtained in connection with performing your obligations under this CoU ("[Lotus Emall]’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 practises 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 Emall]’s Personal Information in strict confidence and the obligation to protect Personal Information shall survive in perpetuity; and process [Lotus Emall]’s Personal Information solely to fulfil Your obligations under this CoU and not sell, rent, lease or otherwise make an unauthorised disclosure of [Lotus Emall]’s Personal Information to any third party. 7. If and to the extent that you provide yours or others’ Personal Information to [Lotus Emall] 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 Emall] or any processing by [Lotus Emall] under this CoU.
[Lotus Emall] shall have the right to inspect and audit the seller’s records and premises/place of business through itself or through [Lotus Emall] approved third party testing agencies. The cost of such an audit shall solely be borne by [Lotus Emall] unless the audit reflects a discrepancy in seller accounts or non-compliance with [Lotus Emall]’s seller policies, in which case the cost of the audit shall be borne by the seller.
Without limiting other remedies, we may limit your activity, immediately remove your information, and warn other users of your actions immediately, temporarily or 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 violate the Terms of Service 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 result in legal liability for you, other users, or us; or
4. If you fail to produce the legal requirement documents. We may, at any time, at our sole discretion, reinstate suspended sellers.
You shall indemnify and hold harmless [Lotus Emall] 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 CoU, 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.
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 judgement or enter into any settlement of an indemnified claim without our prior written consent.
In no event shall [Lotus Emall] be liable for any special, incidental, indirect, direct, or consequential damages of any kind arising out of the COU, even if [Lotus Emall] has been advised of the possibility of such damages in advance.
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 Emall]. 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 Emall] 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 Emall] is not responsible for the 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.
By operation of law or otherwise, you may not transfer or assign all or any portion of these terms and conditions without our prior written consent. Any attempt to assign or transfer in violation of this section is void; however, upon notice to [Lotus Emall], 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 these CoU: (a) In connection with a merger, consolidation, acquisition, or sale of all or substantially all of our assets or similar transaction; (b) To any affiliate or as part of a corporate reorganization; and the assignee is deemed to be substituted for [Lotus Emall] as the party to these CoU upon such assignment. 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.
