Merchant Terms And Conditions
The Merchant Account Terms and Conditions (“Terms”) are relevant to all those Merchants who hold an account with Lootbargain. Your access to the Merchant Account itself is equivalent to your approval of acceptance of the following Terms. Thus, your account is subject to all the guidelines, policies as well as to amendments made that we may present to you anytime in future. Since any changes in law or our workings may affect the services provided to you under your Merchant Account, you must regularly view the Terms in order to keep informed about any changes made at any point in time. You must immediately stop using your Merchant Account if you disagree with any of the basic or modified Terms, otherwise these Terms are supposed to govern your Merchant account throughout.
This agreement regulates the contractual terms between the End Users and Merchants (You) after they perform the affirmative action of ‘Acceptance’ by clicking on the box of “I agree to Merchant’s Terms and Conditions of Lootbargain.com”.
DEFINITION OF GENERAL TERMS USED IN AGREEMENT
- ‘Lootbargain Deal’ refers to business transaction between customer and Lootbargain.
- ‘Lootbargain’ means lootbargain.com, and Lootbargain Site means Lootbargain Website i.e., www.lootbargain.com.
- ‘DR' represents the Deal Request, which refers to the request made by you (Merchant) to Lootbargain for including and accepting your offer as a part of our services. The DR includes all the offers made by you for products as well as the vouchers.
- A transaction’s ‘Purchase Value’ is the amount paid by purchaser to acquire a coupon or deal. Whereas ‘Customer Savings’ (or ‘Savings’) is that portion of the deal for which the customer is not charged.
- ‘Sales Period’ is the period in which the coupons can be redeemed i.e., the opening and closing dates of a Lootbargain coupon.
- ‘Offer' is the proposal offered by you to the customers for selling your services or products.
- ‘Coupon’ is the electronic certificate or voucher represents the purchase made by customer, generally listed under 'Daily Deals' section.
- ‘Product’ is the article/service offered by you to the customers, generally listed under 'Popular Products' section..
CONTRACTUAL TRANSACTION BETWEEN MERCHANT AND END USER
- Terms : Both the parties i.e. Merchant and Buyer agree with and are obliged to fulfill the terms of the contract entered as through their transaction on this Site. A Merchant cannot withdraw or deny his obligations to sell once a product is uploaded on Lootbargain.com.
- Exchange of Information : Merchant and Buyer must provide all the required information to each-other within the specified time period in order to fulfill the contractual terms.
- Buyer’s Withdrawal : If a Merchant fails to render the respective service after receiving the request, the user (buyer) is allowed to reclaim the paid amount and withdraw from the contract. However, this condition does not apply to those cases where the users themselves cause an obstruction or fail in availing the service rendered by the Merchant.
- Product defects :The End Users understand that the pictures of products featured on Lootbargain.com only indicate the actual product and are not an exact representation of it. As such, any defects or difference in the product quality that is not stated in the product description, which adversely affects the product’s usage, must be communicated to the Merchant within two weeks (14 calendar days) of delivery. This rule also applies to a case when a stated feature is missing in the delivered product on contrary to the description detailed in the deal/offer as described by the Merchant. However, this clause doesn’t restrict warranty or guarantee rights of the End User.
1. TYPES OF PAYMENT SYSTEMS FOR POSTING DEAL REQUEST ON LOOTBARGAIN.COM
- Percentage on sale: In this model, all the payment is collected by lootbargain and merchant’s share is released when deal is closed based on redeem information posted by merchant.
The process flow of the model is dictated in the following figure:
Figure: “Percentage on Sale” model
- Pay LB, Pay Merchant: In this model, LB only collects partial payment and rest of the payment is paid to the Merchant directly by the customer at the time of redemption of the coupon.
Figure: “Pay LB, Pay Merchant” model
For each type of Product, the customer as well as the Merchant is bound to comply with the Sales Contract once they enter the deal. Thus, both the parties must fulfill all their obligations under this agreement as specified by applicable Law.
- Free Deals
For availing the free deals service at Lootbargain.com, you will just have to pay a small fees/charge to us as per the details depicted in the table below:
Coverage Monthly Charges (INR) Quarterly Charges (INR) Six Monthly Charges(INR) City/ State Rs. 250 Rs. 750 Rs. 1500 Country Rs. 500 Rs. 1500 Rs. 3000
Conditions for Free Deals
- You may withdraw your deal/s at any point in time by informing us in advance.
- Once paid, the monthly/quarterly or six monthly charges for the free deals promotion will not be refunded in part or full in any case.
- You cannot change the offerings/details of your deals once it is live.
2. SPECIFICATIONS OF LOOTBARGAIN MERCHANT ACCOUNT
When you register with Lootbargain Site as a merchant, you get an access to a special account, called Merchant Account. This account lets you enjoy various services provided exclusively to Lootbargain Merchants, while directing you to provide with accurate information about your contact details and other things, which is a part of the Site’s registration process. You are responsible for all the activities occurring through this account and are also liable for maintaining the password secrecy. You must notify Lootbargain immediately if there is any breach of security or illicit use the password of your Merchant Account. Lootbargain shall not be responsible for any losses arising from the breach of password. Lootbargain also holds the right to cease service to you or to restrict your access to the Site at any time, without notifying you about the cause. If you are unable to bind by these Terms yourself, you must transfer the right only to an authorized person, who must accept all the Terms in full entity.
The Merchant Account Center
By ‘Merchant Account Center’ (MAC) we refer to that part of your Merchant Account which lets you directly (on your own) or indirectly (through a representative or employee) maintain your merchant profile, while accessing all information about previous offers. Through Merchant Account Center, you can always add new information or edit the existing one to update about your contemporary location, latest offers and addresses along with providing pictures, reviews, questionnaires and social media links. You can also create or close a business offer via MAC, while reviewing statistics and analytics for your offerings. Moreover, you can also take a look at different status of your offers and also download customer lists by submitting redemption(Coupons)/shipment(Products) data.
3. MERCHANT OFFER AND PARTICIPATION FOR PRODUCTS
Your participation in a Program requires you to illustrate and describe your Offer/Product and associated terms through images and content while defining all the relevant conditions by submitting a completed DR. The DR submitted here through the Merchant Account is not considered active and cannot bind Lootbargain until and unless Lootbargain starts promoting this particular Offer on its Site. However, Lootbargain is neither obliged for the acceptance of your offer nor responsible for the terms and content stated in an Offer. While creating an Offer you should not: (a) try to promote or sell products/services on prohibited terms or else promote your offer in a way that is restricted by law (b) comprise any material including illustrations and images that is abusive, defamatory, unlawful, vulgar, threatening, obscene, invasive or otherwise objectionable in any way (c) include any content that is directly or indirectly violating in nature or in other words, the content that infringes upon other’s rights or violates someone’s privacy in any manner.
In the event of Lootbargain accepting your DR, Lootbargain agrees to promote your Offer through an appropriate medium, which will be selected by Lootbargain as per its own discretion, which may include mobile applications, e-mail promotion or any other distribution channel or electronic interface, which may be operated, owned or controlled by Lootbargain. Further, Lootbargain also reserves all rights, but is not obliged, to promote your Offer from time to time through its other business partners that include third parties and affiliates. Lootbargain will put forth your business Offer to existing and potential Lootbargain clients on the basis of geo-locational data or other geographic factors, selected on its sole discretion. If your offer indicated a maximum sale limit for your offerings, Lootbargain will exercise reasonable efforts to promote your Offer only up to that limit.
Distribution of Products
Once the purchaser has paid Lootbargain for the Product, Lootbargain will make the receipt of the payment available, authorizing it for use to the purchaser or his/her designated transferee, if there is one. Your DR will contain all the limitations and restrictions, stated by you. The details of shipping address of the product sold will be available in your MAC account where you can print the details and ship it to the buyer.
As a seller of your Offer, you are liable for fulfilling your Offer in respect of all the buyers by supplying products/providing services mentioned in the Offer. You also acknowledge the fact that you are responsible for making the Offer available through Lootbargain services.
Maximum Duration for Delivery of Products
When a customer places an order for a product offered by you on Lootbargain, you (the Merchant) must deliver the ordered product within the next 7 days.
Exchange and Refund Policy for Products
As a Third party Merchant on Lootbargain.com, you must provide written details about the exchange or refund of the products. You are liable to fulfill the terms and conditions of exchange or refund to the customer as stated by you in the Fine Prints/Key Feature Section.
Cancellation Policy for Products
Lootbargain.com reserves all the rights to approve the cancellation of any order placed by an End User. In case of the cancellation of an order placed with a third-party merchant, Lootbargain will consider all the relevant factors.
When using your Merchant Account, you are supposed to abide by all obligations mentioned in the DR, Terms and obligations related to the use of such an account. Moreover, you also need to take care of the following while redeeming payment:
- Products/Services shall be delivered within the specified time period mentioned in your Offer or pursuant with its terms
- You must log redemption/shipping information into Lootbargain system through one of the available and approved methods. (Note: Each Coupon Voucher order will have a ‘Redeem Code’ which you need to redeem sale of your deals. For Products, you need to provide shipping information.)
- You need to provide products/services to redeem your sale.
- You shall honor all the orders, placed by the customer to you if or not the person presenting them is the actual buyer, unless Special Instructions specify you to restrict transactions. You also must not honor an order if you believe that the person presenting it has obtained it through an unauthorized medium.
- You must comply with all the Terms stated on the deal request, without modifying, restricting, changing or charging anything that is not specifically expressed in DR. In addition, you should also state all the policies that are generally applicable (like cancellation policies applied to customers) along with specifying contractual arrangements (such as liability waivers) relating to your Offer in the DR. Lootbargain will not be liable for any losses that occur because of your failure to specify all or any of the above mentioned points.
Once a Product is sold at Lootbargain.com, we are entitled to charge you applicable services and related taxes whether the product is shipped or not. This is subject to the India’s tax laws.
Expiry Periods of Offers
The DR of product will be expired as per the request posted by you. However, you must honor all the orders of customers which are placed before the expiry of the offer.
Refunding and Redemption Reporting Periods for Coupons(Type: Percentage of Sale):
The redemption data for all redeemed Coupons shall be accurately reported to Lootbargain within thirty days (30 days) after 'Customer Savings' date of each Coupon or shipped Product respectively. Any Coupon not reported within the Redemption Reporting Period will be considered ‘unredeemed’ and thus we will deactivate it. After the Redemption Reporting Period, you are not allowed to change your report in any case. Lootbargain automatically redeems the Purchase Value of all the unredeemed coupons to the holders after 30 days past the ‘Customer Savings’ Expiration. If you redeem any Coupon/s after the reporting period, your activity will be considered as “Unauthorized Redemptions”. You are solely liable for any such redemptions and Lootbargain will not pay anything for them.
Refunding and Redemption Reporting Periods for Products:
The shipping data for all shipped(or couriered) products shall be accurately reported to Lootbargain within thirty days (30 days) of deleivery of products date of each shipped Product. Any Shipment not reported within the Redemption Reporting Period will be considered ‘unredeemed’ and thus we will deactivate it. After the Reporting Period, you are not allowed to change your report in any case. Lootbargain automatically redeems the Purchase Value of all the unredeemed coupons to the holders after 30 days past the DR Expiration date. If you ship any Product/s after the reporting period, your activity will be considered as “Unauthorized”. You are solely liable for any such shipment and Lootbargain will not pay anything for them.
Subcontracting Third Party Merchants
There can be an instance when you delegate certain portion of your basic requirement for the Offer (as per these Terms) to a Third Party Merchant. In this case, your liability towards the fulfillment of your Offer will remain the same and you will be solely responsible for all the financial obligations specified in these Terms. Additionally, you shall also be liable for all the omissions and acts made by your Third Party Merchants to abide by all obligations and restrictions applicable on you under these Terms. Your contractual and financial relationship with your Third Party Merchants is also your sole responsibility.
Content License - Ownership and Rights
Hereby you certify that you own the complete rights to sell, display and distribute the goods and services listed under your account and their related media (pictures, logos etc) on www.lootbargain.com. You claim the full responsibility for any claims against your distribution and indemnify SWAAS CARE LLP (previouly known as SWAAS WEBEND APPLICATIONS AND SOLUTIONS LLP; www.lootbargain.com), its directors, and its employees. In case of any dispute or law-suit, lootbargain.com will not be involved and we retain the rights to hold your payments and discontinue your deals, offers and products unless such dispute is resolved.
Content License to Lootbargain.com
Hereby you provide Lootbargain a worldwide, non-exclusive, perpetual, transferable, irrevocable and sub-licensable license for the copy, use, distribution, performance and display of any content and material including photographs, trademarks, sound-clips, videos, text, artwork or content in any form that you make available through your Merchant Account or by any other means to Lootbargain for the description of your offer through all and any media regarding Lootbargain’s responsibility to fulfill its obligations as specified in these Terms, including promotional and distributional acts for DR.
Merchant Tax Information Required by Law:
To be able sell your products on Lootbargain.com, you must provide us with your tax information, which includes your CST, VAT and Service Tax number. This information will be printed on the invoice/shipping documents for the customer references.
- For Coupons vouchers, please provide us the redeem code along with the other redemption information to claim your payments. For Products, please provide us the shipping details to claim your payments.
- If you are unable to make a delivery to the customer within 15 days of the placement of an order, we will retain a service charge of 10% from you. Such a charge will be directly debited from your account.
Inclusion in Press Release
Lootbargain may or may not include you in any press release that relates to the Offers described here. It is solely up to Lootbargain to classify you as a merchant.
Advertising or Unauthorized Promotion
The Merchant is not permitted to publish any text, formats or graphics for their offers or products that are not available for sale on the website. Merchant cannot use the website for communication or advertising the other products or services which are authorized for sale on Lootbargain.com.
Unauthorized Contract Conclusion
Merchant shall not publish any kind of graphics or texts on the Site that directly or indirectly target any contract conclusions outside the terms of Lootbargain.
4. TERMS OF CASH ON DELIVERY SERVICE PROVIDED BY MERCHANTS THEMSELVES:
5. TERMS OF PAYMENT
General Payment Terms
You are supposed to abide by the following payment terms, unless there is a special written agreement between you and Lootbargain, which expressly specifies the modifications in your terms of payment under a particular system or Program. All the terms of payment for the non-Program Offers are included in the contract between you and Lootbargain, whereby you accept all terms and conditions presiding over your Merchant Account or in general.
Payment Mode to Merchants/Stores/Companies
When any Coupon’s redemption or Product Shipment data is submitted electronically to Lootbargain via an authorized redemption mode within the appropriate time duration, whether through merchant mobile app, or through customer mobile app or via your Merchant Account Center, you will receive an amount, after 15 days, equivalent to: the Purchase Value after deducting the promotion and distribution fees of each Coupon or Product. Any Unauthorized Redemptions are not liable to be considered as a Validated Redemption.
Mode of Payment
The checks for your payments will be mailed at the address mentioned in your Merchant Account Center or RTGS to your registered Bank Account. Terms of Payment for Products
- Lootbargain.com will transfer a payment to the Merchant only after receiving a confirmation receipt that ensures the delivery of product to the Buyer. However, Lootbargain shall not be responsible for any action such as claims arising out of any such transaction on the either party’s end.
- Lootbargain will deduct the amount of fees as per the applicable model of payment before transferring the payment to the Merchant.
- If End User (the Buyer) reports of any defect in the product delivered to him/her, it will be your responsibility to repair or replace such a product. If you fail to do so, the End User is liable to receive a full refund from you. Lootbargain will deduct the amount of refund from you in case you fail to make the refund to the buyer.
- If an event occurs where the End User makes full payment to purchase a product but you (the merchant) fail to deliver it within 15 days of the placement of an order, we will retain a service charge of 10% from you. Such a charge will be directly debited from your account.
6. TERMINATION OF TERMS
All these Terms become effective from the date when any of these events occur: (a) You submit a Deal Request, or (b) You use your Merchant Account to access the Merchant Account Center, or (c) You accept and approve of the Merchant Account Terms.
These Terms will be effective till the date all Coupons are either refunded or redeemed or till the period these Coupons expire in terms of their Purchase Value, unless terminated earlier as described below.
Lootbargain holds the right to cease your Merchant Account or terminate these terms immediately, notifying you through a written notice, if: (a) you violate any agreement with Lootbargain including any of these Terms, or (b) you do not redeem any Coupons because of any reasons that may include but are not limited to the sale or closure of your business, violation of or more than expected buyers, or (c) you fail to comply with your redemption obligations related to your Offer, made through Lootbargain’s services and programs.
Deferral of an Offer
If you want to suspend or delay any Program Offer, you may do it through your Merchant Account Center.
Neither the termination of these Terms nor their expiration, nor the cancellation or suspension of an Offer by you should not affect a valid Coupon or Sale Receipt holder’s rights, Lootbargain’s responsibility to pay you for all the valid redemptions of Coupons or Products, or alter or eradicate your redemption obligation in terms of any valid Coupon. All these Terms and their sections those are necessary for the survival of the termination and expiration to attain their target shall continue to exist without any limitation.
7. WARRANTIES AND REPRESENTATIONS INVOLVED IN AGREEMENT
Involvement of Both Parties
Both the parties involved in the deals, individually warrant and represent to each-other that: (a) it is a duly organized entity that validly exists with a good standing in the jurisdictions where the provision of its goods and/or services, its business conduct or its property ownership needs such a qualification; (b) it has the authority and power to enter into this Agreement along while being eligible to fulfill all obligations of the Agreement under these Terms; (c) the Terms described herein reflect its valid, legal and binding enforcement and obligation; (d) it will abide by all the Laws that are applicable on it under this particular Agreement.
You as a Representative
provide a guarantee to Lootbargain that (a) the business represented by you along with your content as well as your redemption procedure for coupons will not misappropriate, infringe or violate right to privacy or any intellectual property right or right of publicity or privacy of any person or party; (b) you and your any Third Party Merchants, as applicable by these Terms and Law: (i) are registered for the taxes like collection of sale and use along with others under all the localities and sates in which your goods and services will be provided as per these Terms on presenting the Coupons, and (ii) will promptly and accurately follow the process of collection and remittance of all the applicable taxes that may include but are not limited to local sales, state, hotel occupancy, use and other similar ones; (c) you have all the important and essential Authorization Documents and Regulatory Documents if any, which may be required to provide goods or services or make an Offer; (d) you hold all rights required to grant the license of terms and conditions described herein these Terms.
NO OTHER REPRESENTATIONS EXCEPT FOR THE ONES STATED IN THESE TERMS, NONE OF THE PARTIES SHALL MAKE ANY EXPRESSED OR IMPLIED REPRESENTATIONS OR WARRANTIES INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTIBILTY, FITNESS FOR ANY PURPOSE OR NON-INFRINGEMENT. LOOTBARGAIN SHALL NOT GUARANTEE OR WARRANT THAT (A) THE COUPONS OR OFFERS WILL BE ACCURATE; (B) ANY MISPLACEMENTS, ERRORS OR OMISSIONS WILL BE RECTIFIED, OR (C) THE OFFER WILL PROVIDE ANY PROFIT OR INCOME TO YOU. LOOTBARGAIN DOES NOT REPRESENTS OR WARRANTS, IN EITHER EXPRESSED OR IMPLIED MANNER, REGARDING THE LOOTBARGAIN WEBSITE OR OTHER PROMOTIONAL AND DISTRIBUTIONAL METHODS ALONG WITH THE REDEMPTION METHOD PROVIDED BY LOOTBARGAIN AND THE ADEQUACY, TIMELINESS, RELIABILITY, ACCURACY, AVAILABILITY, SUITABILITY OR COMPLETENESS ALONG WITH OTHER FEATURES OF THE MATERIAL AND INFORMATION PRESENTED THEREIN. THE LOOTBARGAIN SITE AND ALL OTHER METHODS OF PROMOTION, DISTRIBUTION AND REDEMPTION USED BY LOOTBARGAIN ALONG WITH OTHER RELEVANT MATERIALS ARE PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT OFFERING WARRANTY OF ANY TYPE.
8. DISCLAIMER OF WARRANTIES
- All the contractual and commercial terms define a relationship between the End User and the Merchant only. There terms of contract include the price, payment method, shipping costs and other relevant factors related to the delivery of products such as date, warranties and services etc. Here, Lootbargain.com does not exercise any control of any kind on these contractual terms between Merchant and End User. Thus, Lootbargain is not responsible for resolving any disputes between you and the customers.
- Lootbargain is only a platform that facilitates online deals. All the services offered via website is provided on “as is” basis.
- Lootbargain’s liability in all the events is only limited to the charges (if any) paid by the Merchant to the Site, its affiliates, associates or service providers.
- Lootbargain shall not have any obligations or liabilities towards the Merchant’s products. Lootbargain is not liable for the unsatisfactory or delayed services due to the Merchant’s actions. You, as a Merchant hold the entire responsibility for delivering accurate services within the specified time-period.
- Lootbargain is not responsible for a failure of a website function or for the temporary unavailability of the website. Lootbargain is also not liable for any technical issues arising because of whatsoever reason including incorrect functioning of the website.
Each Party looking for indemnification under section ‘6’ should accurately provide a notification of the required Claim to the other party in writing. However, if an indemnified party fails to provide such a notice in time, it doesn’t relieve the indemnifying party from the obligation of indemnification unless it demonstrates a case of prejudice, resulting from such a failure. If Lootbargain is the indemnifying party, Lootbargain will hold the right to, upon a written notice; choose to presume complete control of defending and settling any Claim of this kind, providing you the right to participate and represent the defense at your own expense and your own counsel but you shall not represent or resolve any Claim which there is an indemnification notice, without any prior written consent from Lootbargain as consent in this case must not be delayed or withheld unreasonably.
Indemnification by You
It is your sole responsibility to indemnify, hold, and defend Lootbargain, its related entities, its officers, its affiliated and any directors, employees or agents from being affected by any third party ‘Claims’ that may include investigations, lawsuits, proceedings or actions against any ‘Losses’, including costs, damages, penalties, fees or expenses that may include but are not limited to attorney’s costs and fees arising due to: (a) any act by you or a third party merchant that is (i) fraudulent, gross negligence or willful misconduct or (ii) an action that is equivalent to the breach of Terms stated herein; (b) any claim for hotel occupancy, state sales, use or any other tax obligation of similar kind, which may include any additional taxes or interest and penalties, arising from sale and redemption of a Coupon or Product Sale;(c) a claim by any federal, state or local government entity regarding any unclaimed property of Coupons or Products, including but not limited to, claim/s for injuries, damages, illness, death or false advertising; (e) an Offer and your failure to provide complete and accurate information related to this Offer; (f) any misappropriation, infringement or violation of a trademark, copyright, patent, privacy, publicity, trade secret or any other third party right caused by you or your usage or content.
Indemnification by Lootbargain
Lootbargain is responsible to indemnify, defend and hold you and other relevant individuals (including your officers, agents, directors and employees) safe at its own cost from any Claims against you, arising from: (a) a material breach of Terms by Lootbargain or (b) Lootbargain’s act of infringement, misappropriation or violation of a third party’s copyright or trademark (except for the material that you make available to Lootbargain with your own consent).
10. IMPORTANT CONSIDERATIONS
You must ensure that all the terms of your Offers along with the instructions as well as all your activities as per the Agreement, including your process of Coupon redemption, complies with all federal, local and state laws that manage all and any unfair practices such as deceptive vouchers, coupons or gift cards/certificates.
Regarding Safety and Health
You shall provide complete warranty that all the goods and services provided by you through any Offer are absolutely safe and abide by the ‘Health Laws’ that include applicable laws regarding health and safety, hygiene standards and fire. You will provide required copies of any related licenses, documents or credentials that verify and proof your compliance with all Health Laws, if requested by Lootbargain.
Authorization and Regulatory Documents
In Authorization Documents you provide a warranty while representing that you hold all the rights and consent required to use or provide any brands, goods or services that you may not own individually or independently as any Offer’s part and to grant the Content rights as granted and stated in these Terms. You must provide all Authorization Documents to Lootbargain before making an Offer or submitting a DR. These Authorization Documents must be attached to your Merchant Account, unless Lootbargain retains them through any other medium. In the event of Lootbargain accepting a DR for any Offer, without verification of Authorization Documents, Lootbargain will not be obliged to start promoting such Offer until and unless it is satisfied with the received Authorization Documents. If ever during the term of agreement, your rights regarding Authorization Documents alter, you must promptly notify Lootbargain to avoid any setback.
Through your Regulatory Documents you warrant and represent that you have promptly obtained all the necessary government licenses, authorizations, and approvals, fundamental for providing goods/services as a part of your Offer. You must provide all the Regulatory Documents to Lootbargain that include proof of authorization, copies of licenses along with other required documents regarding regulatory permission. You should attach and make available all such Regulatory Documents in your Merchant Account. Lootbargain is not obliged to promote any Offer until it is satisfied with the status of Regulatory Documents submitted by you, even if it has accepted the DR for such Offer. If ever during the term of agreement, your rights regarding Regulatory Documents alter, you must promptly notify Lootbargain to avoid any setback.
11. MAINTAINING CONFIDENTIALITY
Meaning of Confidential Information
The parties involved in an agreement must consent that (i) all the terms laid down in the Merchant Account are confidential, (ii) information that the other party terms as “confidential” must be treated with due respect, (iii) any such information or part of information that should be reasonably expected to be confidential by the recipient under the state of affairs are deemed to be confidential in nature. However, Confidential Information doesn’t cover: (a) any information that is or was already public, without the receiving party’s any action, (b) a piece if information which is already legally acquired by the receiving Party even before being disclosed by the other party in the agreement; (c) information which is solely developed by the receiving Party itself; (d) receiving Party’s self-obtained information that does not involve any action that violates Law or causes a breach on Third Party’s obligation.
Obligation for Each Party
Every Party involved in an Agreement stated herein must take proper precautions to guard all Confidential Information, disclosing it to its employees only if needed. If you want to disclose any Confidential Information to your Third Parties, you must make sure that these parties have duly signed a confidentiality agreement with you that binds them to protect such information as specified herein. In case of a legal requirement where one party needs to disclose the other party’s Confidential Information, it should inform the other party through a prompt notice along with obtaining a protective order and limiting the Confidential Information’s disclosure.
Both parties must agree that at any point in time there is an alleged, threatened or actual breach of any obligations regarding confidentiality laid down by these Terms, the Party on the other side may suffer severe, permanent harm, and thus may require a relief in the form of a temporary restraining order or injunction, without posting any security such as a bond.
12. LIMITED LIABILITY
- 10.1 LIMITATION OF LIABILITY FOR LOOTBARGAIN
LOOTBARGAIN’S LIABILITY TOWARDS YOU IS LIMITED TO THE EXTENT OF THE AMOUNT PAID TO YOU BY LOOTBARGAIN UNDER THESE TERMS BEFORE OCCURANCE OF ANY CLAIM ON EACH OFFER. LOOTBARGAIN WILL NOT BE LIABLE IN ANY EVENT TO YOU OR ANY OTHER THIRD PARTIES FOR SETTLEMENT OF ANY CLAIMS THAT MAY ARISE FROM THE USE OF THE GOODS AND SERVICES PROVIDED BY YOU, INCLUDING BUT NOT LIMITED TO ANY CLAIM RELATED TO INJURIES, DAMAGES, ILLNESS, DEALTH OR FALSE ADVERTISING.
- 10.2 ANY CLAIMS THAT ARISE OUT OF OR RELATE TO A COUPON OFFERED OR PRODUCT SOLD UNDER APPLICABLE DR SHALL BE MADE WITHIN THE FIRST YEAR OF ITS PUBLICATION. ANY CLAIM S NOT MADE IN THIS ORDER SHALL BE DEEMED AS BEING WAIVED BY YOU.
ANY CONSEQUENTIAL DAMAGES OTHER THAN (a) OBLIGATIONS OF INDEMNIFICATION OR (b) ANY PARTY’S ( OR WITH RESPECT TO YOUR THIRD PARTY MERCHANTS OR YOU) (i) VIOLATION OF SECTION 8 ( COMPLIANCE WITH LAW AND AUTHORIZATIONS), SECTION 9 (CONFIDENTIALITY), OR SECTION 10 (INTELLECTUAL PROPERTY RIGHTS; CUSTOMER DATA) OR (ii) WILLFUL MISCONDUCT, GROSS NEGLIGENCE OR FRAUD, NO PARTY SHALL BE LIABLE IN ANY EVENT OR HOLD ANY OBLIGATION TO THE OTHER PARTY/THIRD PARTY IN ANY CASE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, INDIRECT OR PUNITIVE DAMAGES OF ANY TYPE IRRESPECTIVE OF THE FORM OF ACTION, WHETHER OR NOT IN CONTRACT, STRICT PRODUCT LIABILITY, TORT, NEGLIGENCE OR OTHERWISE, EVEN IN A CASE WHERE THE POSSIBILITY OF SUCH DAMAGES WAS INFORMED IN ADVANCE.
- 10.3 Insurance
You are obliged to provide a representation and warranty that you have fulfilled all the insurance requirements that are fundamental to the terms relevant to your Offer. You shall maintain such insurance policies at your own expense while ensuring that they are appropriate for the service providers and merchants of your locality. Moreover the insurance policies shall be at par with the best practices in the industry and adequate as per the applicable law along with being able to accomplish your obligations arising under these Terms. You shall promptly provide all the proofs of such policies and their maintenance as and when requested by Lootbargain. It is also important for you to assure that your insurance policies cover Lootbargain of all such claims that may arise in relation to an Offer or these Terms.
13. BASIC OBLIGATIONS
- It is mandatory for a Merchant to possess and maintain the essential equipment at his or her expenses. These apparatus include a computer, an Internet Connector such as a modem as well as an Internet connection. You are yourself responsible for bearing all the service charges such as fees charged by the Internet service provider.
- You also agree and accept to receive some administrative messages and service announcements as a part of the communications from Lootbargain.com.
- Registering with the website is a voluntary option and you may avail a limited access to the services without registering with Lootbargain.com. However, you need to fill up the registration form to obtain all the benefits and services provided by the website. If you choose to register with the website, you will get your login details including a User ID and a password after you complete the registration process. You agree to undertake the responsibility for ensuring the confidentiality of your login details at all times and you shall be solely responsible for all the activities that occur through your registered account. You also agree that you will never use any other user’s login details without being authorized to do so.
- You, the Merchant also agree to inform Lootbargain about any unauthorized use of the login details. Further, you also must ensure that you log off properly at the end of every session at www.lootbargain.com. The Website is not liable for any damage or loss occurred due to your failure to abide by this necessity.
- You agree to provide accurate, complete and true information about yourself and your beneficiaries while filling the Merchant Registration Form. You must also update your registration data from time to time in order to maintain its accuracy.
- You agree to abide by the all the related rules and regulations as well as the Domestic Laws, Statues, Foreign Exchange Laws, Ordinances and Regulations (including but not limited to Income Tax, SalesTax/VAT, Service Tax, Octroi, Custom Duty, Central Excise, Local Levies) related to his/her usage of Lootbargain services and other activities such as purchasing of products and services.
14. INTELLECTUAL PROPERTY RIGHTS
You agree that all Intellectual Property (IP) rights, title, interest and all the other rights in the Lootbargain site are solely owned by Lootbargain along with the logos, trademarks, data, content and software used in developing, promoting selling, distributing and marketing Coupons, Deals, Offers and Products. Anyhow, you are permitted to use Lootbargain’s logos, name and trademarks to attract customers towards any Offer which you make available through a program at Lootbargain. You are granted this limited right by Lootbargain only for the duration starting from the Sales Period till the promotion’s (Customer Savings) Expiration period. In any case, you shall not use Lootbargain’s intellectual property rights in a way suggesting your Offer or products to be endorsed by Lootbargain. You must follow the Lootbargain’s guidelines for using any material as such that are made available on Lootbargain site. Except for the extent clearly expressed in these Terms, you cannot use any title, interest or license of Lootbargain. You also have no right to copy, download, distribute, transfer, modify, display, perform or use in any other way the work related to Lootbargain’s intellectual property, unless you have obtained a written permission from Lootbargain. You also cannot decompile, disassemble, translate or reverse engineer the Lootbargain IP and Lootbargain holds the right to withdraw all rights set forth under this section upon a written notification.
15. DATA OBTAINED FROM CUSTOMERS
You agree that all data collected directly or indirectly by Lootbargain is solely owned by Lootbargain, along with all the ‘Customer Data’ that consists of the information of people who purchase Coupons or deals. Lootbargain may provide you an access to Customer Data only to the required extent in accordance with its own policies and applicable law. You shall not use the Customer Data for any means that is neither stated by Law nor authorized by Lootbargain in writing. You must make sure that all the Third Party Merchants you work with, comply with applicable Law and take adequate efforts to guard Customer Data’s security in a reasonable manner. By any chance if you get a clue of an unauthorized use of or access to the Customer Data, you must promptly inform Lootbargain along with facilitating the investigation process of such a breach. The liability of all the expenses and costs resulting from the investigation carried by Lootbargain in regard with the applicable Law must be borne by you. It is your duty to either destroy or return the Customer Data to Lootbargain that was acquired by you or your merchants for some professional use.
16. Other Miscellaneous Factors
The Agreement states that Terms discussed herein constitute the perception between the Parties regarding all obligations concerned with any Program Offer, and supersedes all the previous as well as the contemporary written and oral agreements relating to such an Offer. You or any other party is not authorized to modify or amend any portion of these Terms, unless there is a mutual agreement in writing between the parties. If the terms of your Offer and these Terms have a conflict on some points, these Terms are supposed to rule.
Electronic Means of Communication is often use for communicating with the other party or parties. Thus, you agree to: (a) receive information in electronic form from Lootbargain and (b) the terms and conditions, notices, agreements, disclosures along with other communication received from Lootbargain via an electronic medium. Any legal or other notice required in writing shall be considered valid if it is delivered (i) through an electronic mail to the email address mentioned in your Merchant Account or (ii) communication shall be deemed valid, even if not actually received, if it is deposited in mail, prepaid postage, certified mail, courier, return receipt request addressed to the applicable party at the address listed in your Merchant Account.
Force Majeure sates that no Party is liable for the delays and defaults caused in performance under the obligations of these Terms because of natural disasters, acts of God, earthquakes, terrorism, riots, flood, fire or any similar uncontrollable happenings or events up to the limit such occurrence is out of such Party’s control, only for the period of this particular event.
Connection Between Parties is independent in nature and these Terms as constructed by the parties on their own, do not form or are to be deemed as a an agency relationship, partnership venture, franchise or a joint venture. Both the parties do not have an authority to bind the other Party, without obtaining its consent in writing. You also must acknowledge that Lootbargain cannot be entitled as a merchant or co-merchant for your offerings.
References given in these Terms cover all the references of that particular section as well as its subsections. The headings of any section shall not affect or change the interpretation or meaning of any terms as they are meant for reference purpose only.
Invalid Provision, if any, shall not have an effect on the other provisions of the Terms. The Parties involved herein shall settle down for a reasonable adjustment to fulfill the Terms up to the extent allowed by applicable Law.
Assignment and Waivers are concerned with your rights and exceptions to these rights. If there is one or more than one waiver for any terms or conditions or covenant of these Terms by any Party, it should not be interpreted to be a waiver of any subsequent breach of the same terms, conditions or covenant. You are not allowed to delegate or transfer any or all of your obligations under these Terms to any other party without the prior written consent of Lootbargain and any such attempt made by you will be void. Beneficiaries belonging to third parties cannot derive any benefit under these Terms and only the legally authorized assigns and successors of the respective parties can get the benefits, other than the exceptions stated in these Terms or a relevant DR.
17. ADDITIONAL FACTORS
Heads and Subheads All the headings and subheadings on this Agreement are meant to maintain convenient reading and do not aim at describing, defining, interpreting or limiting the scope or purpose of the terms and conditions stated herein.
Numbers and Genders All the Terms and Conditions stated herein are equally applicable to the singular as well as plural form of the defined terms. As per the background, any context may include or address to feminine or masculine, together and separately depending on the situation.