User Content & Terms of Use

This website is owned by a company incorporated under the Companies Act, 1956, with its registered office at (the "Company").

Transactions on the Website are only available to individuals who are legally capable of entering into legally binding contracts under the Indian Contract Act of 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872, including un-discharged insolvents, etc., are not eligible to use the Website. If you are a minor, i.e., under the age of 18, you may use the Website or access content on the Website only under the supervision and prior consent/permission of a parent or legal guardian.

If you use the website, you are responsible for keeping your display name and password confidential, and you are responsible for all activities that occur under your display name and password. You agree that if you provide any information that is false, inaccurate, out of date, or incomplete, or if we have reasonable grounds to suspect that such information is false, inaccurate, out of date, or incomplete, or not in accordance with these terms of use, we have the right to indefinitely suspend, terminate, or block access to your membership on the Website and refuse to provide you with access to the Website.

On the website, your mobile phone number and/or e-mail address are treated as your primary identifier. It is your responsibility to ensure that your mobile phone number and your email address are up-to-date on the website at all times. You agree to notify us promptly if your mobile phone number or e-mail address changes by updating the same on the website through a one-time password verification.

All commercial/contractual terms are offered by and agreed to between buyers and sellers alone.

The Company does not make any representation or warranty as to the specifics (such as quality, value, saleability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Website.

The Company is not responsible for any non-performance or breach of any contract entered into between buyers and sellers. The company cannot and does not guarantee that the concerned buyers and/or sellers will perform any transaction concluded on the Website. The Company will not, and is not obligated to, mediate or resolve any dispute or disagreement between buyers and sellers.

You agree not to upload any information on the Website that does not belong to you, is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or misleading in any way; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act,1986.

The Site may provide registered users and visitors various opportunities to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses, and other communications, as well as files, images, photographs, video, sound recordings, musical works, and any other content or material submitted or posted to the Site (collectively, "User Content") through forums, bulletin boards, discussion groups, chat rooms, surveys, blogs, or other communication facilities that may be offered on, though, or in connection with the Site from time to time. You may be required to have a Company account to submit User Content.

If you contribute any User Content, you will not upload, post, or otherwise make available on the Site any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right. Company does not have any express burden or responsibility to provide you with indications, markings, or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such a submission. In addition, if you contribute any User Content, you represent and warrant that:

(a) You are the creator of the User Content; or

(b) If you are acting on behalf of the creator, that you have

i)   Express, advance authority from the creator to submit or post the User Content, and that they have waived any moral rights in such User Content, and

ii)   All rights necessary to grant the licences and grants in these Conditions of Use.

You further represent and warrant (or, if you are acting on behalf of the creator of the User Content, you have ensured that the creator represents and warrants) that the use and sharing of the User Content for the purposes you have selected will not violate or infringe any copyrights, trademarks, or any other intellectual property rights or rights of third parties, including, without limitation, the rights of publicity or privacy. You represent and warrant that you will not upload, post, transmit, or otherwise make available User Content that is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, infringing, pornographic, obscene, violent, misleading, defamatory or libellous, invasive of the privacy of another person, or violate of any third-party rights; and that you will not upload, post, transmit, or otherwise make available User Content that contains any material that harbours viruses or any other computer codes, files, or programmes designed to intercept, misappropriate, interrupt, destroy or limit the functionality of any software or computer equipment.

Company shall have the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove, monitor the User Content, and disclose the User Content and the circumstances surrounding its transmission to any third-party, at any time, for any reason, including, without limitation, to determine compliance with the Conditions of Use and any operating rules established by Company, as well as to satisfy any applicable law, regulation, or authorised government request. Without limiting the foregoing, Company shall have the right to remove any material from the Company controlled sites, in its sole discretion. Company assumes no liability for any User Content or other information that appears or is removed from the Site or elsewhere. Company has no obligation to use User Content and may not use it at all.

The following is not permitted for any reason whatsoever in relation to the Services and the material or content made available through the Services, or any part thereof:

(1)   reverse-engineering, decompiling, disassembling, modifying, or creating derivative works, except where such restriction is expressly prohibited by applicable law. If applicable law allows you to decompile any part of the Services or Content where required in order to obtain the information necessary to create an independent program that can be operated with the Services or with another program, the information you obtain from such activities (a) may only be used for the foregoing objective, (b) may not be disclosed or communicated without Lotusemall prior written consent to any third party to whom it is not necessary to disclose or communicate in order to achieve that objective, and (c) may not be used to create any software or service that is substantially similar in its expression to any part of the Services or the Content;

(2)   copying, reproducing, redistributing, "ripping," recording, transferring, performing, framing, linking to or displaying to the public, broadcasting, or making available to the public, or any other use which is not expressly permitted under the Agreements or applicable law, or which otherwise infringes intellectual property rights;

(3)   importing or copying any local files that you do not have the legal right to import or copy in this way;

(4)   transferring copies of cached Content from an authorized Device to any other Device via any means;

(5)   "crawling" or "scraping", whether manually or by automated means, or otherwise using any automated means (including bots, scrapers, and spiders), to view, access or collect information;

(6)   selling, renting, sublicensing, leasing or other monetization except as expressly permitted under the Agreements;

(7)   selling a user account or playlist, or otherwise accepting or offering to accept any compensation, financial or otherwise, to influence the name of an account or playlist or the content included on an account or playlist; or

(8)   artificially increasing play counts or follow counts, artificially promoting Content, or other manipulation including by (i) using any bot, script or other automated process, (ii) providing or accepting any form of compensation (financial or otherwise), or (iii) any other means;

(9)   circumventing any technology used by Lotus Emall, its licensors, or any third party, including any territorial or other content access restrictions applied by Lotus Emall or its licensors;

(10)   circumventing or blocking advertisements or creating or distributing tools designed to block advertisements;

(11)   removing or altering any copyright, trademark, or other intellectual property notices (including for the purpose of disguising or changing any indications of ownership or source);

(12)   deleting or altering any part of the Services or Content except as expressly permitted under the Agreements or, in the case of Content made available by another user, with such user's express consent; or

(13)   providing your password to any other person or using any other person's username and password.

You further grant

(a)   The Company and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sub licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and

(b)   The Company and its affiliates and sublicenses the right to use the name that you submit in connection with such content, if they choose. You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material.

Prohibited Activities

The following activities are prohibited on the Site and constitute violations of these Conditions of Use:

Submitting any content to the Site that:

Violates applicable laws (including, without limitation, intellectual property laws, laws relating to rights of privacy and rights of publicity, and laws related to defamation); Contains personal information, except when we expressly ask you to provide such information; Contains viruses or malware; Offers unauthorised downloads of any copyrighted, confidential, or private information; Has the effect of impersonating others; Contains messages by non-spokesperson employees of Company purporting to speak on behalf of Company or provides confidential information concerning Company;

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.

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 (defined in Section 12 below), or content of any consumers or Sellers.

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.