Terms and Conditions of Use
We reserve all the rights to modify the Terms and Conditions mentioned herein at any time, without informing you about it. All such changes will be valid and applicable once they appear on the Site. So it is a must for all the users to keep a check on all the updates in order to avoid any issues in future. If you do not agree with any of the Terms and Conditions of Lootbargain.com, you must immediately stop using this Site.
This agreement regulates the contractual terms between the End Users and Merchants after they perform the affirmative action of ‘Acceptance’ by clicking on the box of “I agree to Terms and Conditions of Lootbargain.com”.
The transactional services offered by Lootbargain.com are facilitated by the Site, its merchants (“Merchants”), or affiliates by providing sale vouchers (“Vouchers”) which are meant for acquiring goods and services from third parties such as Merchants. You can exchange these vouchers for goods and services offered by our affiliates and Merchants.
While the Internet is considered to be a relatively secure medium, End User must address and accept the fact that some disruptions in events or activities of Lootbargain.com are unavoidable and thus, the Site will not be liable for any loss of data that might occur during the transmission of information. These issues also might hinder the constant availability of the Site for some reasons, including, but not limited to, regular maintenance activities. You identify and comply with the fact that your might not be able to access the Site for some time because of certain factors that may or may not be under the control of Lootbargain.com.
We possess the right to alter or suspend any feature or part of the Site that includes, without limitation, equipments required for use, content on the various pages of the website as well as the availability hours. Moreover, Lootbargain.com also may end up the transmission of any part of information, may modify the speed of transmission, or may change/withdraw any dissemination method or some other attributes of the signal.
As regulated by law, every End User must be at least 18 years of age for being eligible to access the Site. However, a 13 year old teenager can use the Site in supervision of his/her parent/guardian, who must comply with this agreement. Nobody below 13 years of age shall access the Site at any time.
Lootbargain reserves the right to change/upgrade website anytime without any prior notice. Furthermore, we also reserve the right to change these terms and conditions without any prior notice. Please keep visiting our terms and conditions section on regular basis.
Lootbargain.com reserves all the rights to modify any or all Terms and Conditions stated here. While the non-material modifications will be applicable immediately after their posting, the material modifications are liable to be effective after 30 days of their appearance on the website. Your continued use of the Site will be considered as your acceptance to comply with all such alterations.
BEHAVIOR OF END USER:
End User must not transfer any content or post any material through this Site which is unlawful, defamatory, abusive, vulgar, invasive, profane, obscene or objectionable in any manner. This restriction is also applicable to any content or material which may infringe in or violate someone’s personal rights, which may raise civil liability, promote an unlawful conduct or else defy any law, or which may include any advertising or promotional material, expressed without a written approval from Lootbargain.com. End User is not allowed to use this Site or the Microsites for advertising or promoting any products/services, political or religious ideas, including, but not limited to, the act of soliciting users, the Microsites or this Site to use the on-line or off-line services that are or may turn out to be competitive for Lootbargain.com.
The Provisions of this section must apply to and for the benefit of Lootbargain.com, its affiliates, subsidiaries and other related parties including but not limited to Merchants, third parties, content provider, licensor etc. and each can assert and enforce these provisions directly or indirectly.
All issues related with the maintenance and functioning of equipments used for accessing the Site are the End User’s responsibility. Lootbargain.com is not liable for damages to any apparatus like computer hardware or telephone, which may occur while you are using the Site.
ANY ACT OF REPRODUCTION, TRANSMISSION, MODIFICATION, POSTING OR LINKING RELATED WITH THIS SITE AND THE MICROSITES IS STRICTLY PROHIBITED, IF DONE, WITHOUT OBTAINING THE COMPLETE AND PROPER WRITTEN CONSENT OF LOOTBARGAIN.COM. Anyone who violates these terms is liable for infringement of an intellectual property right, covering trademark and copyright issues and may levy criminal or civil penalties on the End User.
The Copyright Act is applicable to all content and material published on this Site. Furthermore, copyright also protects the content that shall be accessible through the Site or the Microsites. Thus, you shall only use this content for your personal use only and not for any commercial purpose. This content cannot be published, reproduced, broadcast or transmitted in any other form, without obtaining the written consent of the copyright/trademark holder.
All the content, information and trademarks of the Site are subject to the Copyright Act of India. Thus, all rights to choose, coordinates, select, expand and arrange the content and all other material present on this Site. Downloading and printing of any information from the Site must be limited to the End User’s personal use only and in no case shall the End User attempt to change, transfer or sell any part of this material.
When the End User submits any material to public areas of the Site or Microsites, the End User is deemed to have granted all the ownership rights to Lootbargain.com. This royalty-free right allows Lootbargain.com to distribute, copy, publish or edit any or all of the material, which has been posted by End User to the Site or Microsites. Moreover, the End User is also not allowed to post or upload any copyrighted material from any other site, without obtaining the written permission of the copyright/trademark holder.
The provisions of this section must apply to and are for the benefit of Lootbargain.com, its affiliates, subsidiary and other related parties including but not limited to Merchants, third parties , content provider, licensor etc. and each can assert and enforce these provisions directly or indirectly.
Copyright Infringement Policy
Loot Bargain exercises complete control over the right to end up its agreement with an End User at any time, if the user repeatedly infringes the copyrights of third-party after and on the basis of timely notification by the copyright owner's legal agent or the copyright owner himself to Loot Bargain. If you believe any copyright work of Loot Bargain or its Microsites has been copied in a manner that it infringes the Copyright Act, you must notice Loot Bargain along with the following requisites:
- Identification of the copied work that you consider to be infringed on the Site or Microsite.
- A physical or electronic signature of the copyright owner or the person acting on his behalf.
- A written document stating that you believe that such copying of information is neither authorized by law nor the copyright owner or his agent.
- Your full name along with your contact details, including your address and phone number/e-mail address.
- A written statement saying that all the information in your notice is correct and, under the perjury's penalty, you are the copyright owner or are authorized to act as the copyright owner's behalf.
You should not interfere with any operation of the Site or post any content that violates the cyber or any other law. Moreover, you should not upload, transmit, post or publish any material, content or information through the Site that may:
- Threaten, defame, abuse or damage the confidentiality, privacy, rights or personality of a person in any manner.
- Amount to a criminal act including, but not limited to, fraud, assault, pornography, threats, hate or intimidation.
- Be an unlawful use of the Site and may interfere with the cyber laws or electronic etiquette. Furthermore, any information exchange that may adversely affect the site and its other users by transmitting any disruptive components like viruses etc is also not permitted.
- Infringe any copyright, patent, trade-mark or any other intellectual property rights of a person.
- Contain any offensive or repulsive content or material, including without limitation, any information meant for the adult users/viewers.
- Initiate, encourage, promote or conspire any conduct that is prohibited by law, or
- Include any commercial content including, but not limited to, advertising, surveys, chain letters, contests or offer to sell/promote articles/services.
The Site reserves all the rights to eradicate any material, information, content, photographs or illustrations that you upload, post, transmit or publish on the Site. The Site may remove any material that it considers to be inappropriate ay any time, without any prior notice to you.
Lootbargain.com strives to provide you truthful and correct information. However, the information on the Site and Microsites is presented to you on “as available” and “as is” basis. Hence, the Site does not offer any kind of warranty, neither expressed nor implied regarding any content. As a matter of fact, we do not exercise control over the content posted by our end users and cannot guarantee the accuracy or usefulness of any content that comes to you either directly or indirectly through the Site.
The End User is supposed to have agreed that he/she is personally solely responsible for using this Site and its Microsites. Lootbargain.com, any of its affiliates/merchants, employees or any other person involved in the management of Lootbargain.com does not guarantee an error-free or uninterrupted use of the Site and Microsites. Further, Lootbargain.com and any of its employees affiliates, management, microsites, subsidiaries, and merchants will not be liable for accuracy and availability of the contents and site and its contents will be available on a ‘as is’ basis.
Since lootbargain.com does not promote re-sellers or encourage other businesses to buy products from here, the customers are provided only the Retail Invoice and not the Tax Invoice with their orders.
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 merchant 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.
LOOT BARGAIN CANNOT BE HELD LIABLE FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, AND SPECIAL OR PUNITIVE DAMAGES THAT MAY ARISE DUE TO THIS AGREEMENT IN ANY EVENT. IN NO EVENT SHALL LOOT BARGAIN BE LIABLE FOR ANY LOOT BARGAIN DEAL EXCEED THE AMOUNT ACTUALLY PAID, AND SUM TOTAL OF THE AGGREGATED LIABILITY THAT MAY ARISE EITHER OUT OR IN RELATION WITH THIS AGREEMENT SHALL NOT EXCEED THE TOTAL CASH AMOUNT PAID BY END USER DURING THE NEXT SIX MONTHS OF ANY CLAIM.
End User must acknowledge the fact that all communication transmitted through ‘communities’ that include forums, comments, chat rooms and bulletin boards is public in nature and others have an access to read such text, without informing the User.
Since all such content is supposed to be of non-confidential, we disclaim any responsibility regarding transmission of information/material through these communities. However, if any web page/s of Lootbargain.com promises to maintain confidentiality of certain content, it will be stated clearly on the page/pages.
RULES FOR TRADEMARKS AND TERMINATION:
Lootbargain.com reserves all rights to use its registered trademark: Lootbargain.com. All other trademarks which are visible on the Site also cannot be copied or otherwise used unless their owners provide you with a legally endowed consent of transfer or use.
The Site is fully authorized to terminate or modify this agreement whenever required. Additionally, Lootbargain.com can also suspend any user accounts or passwords that it, in its sole discretion, considers to be inappropriate for the Site or is not in compliance with the terms of this agreement.
The provisions of Sections- Modifications, End User Behavior, Copyrights, Disclaimer, but not limited to, will carry termination of this Agreement.
Every End User of Lootbargain.com acknowledges indemnifying the Site and its affiliates from any expenses or claims that may arise due to any transaction through the Site. This exemption includes the fees paid to attorney in case of an issue, if any. The user cannot claim the Site for any action of a Merchant or another user that might have caused loss to user, including the Merchant’s failure to abide by the terms of sale or Voucher.
THIRD PARTY CONTENTS AND LINKS:
While using the Site, you may respond to the third party links and/or advertisements present here. Since your dealings with these parties are solely your decision, we do not hold any liability for the losses occurred due to the sale, purchase or any other transaction that might take place through our Site. The Site does not control or guarantee the truthfulness or accuracy of the advertised material. Hence, we are not responsible for any damages that you may face due to any dealing or involvement with an advertiser. If you enter into a transaction that may include, but is not limited to, the sale of goods or services, warranties or exchange of any kind, you and the party you are dealing with would be completely responsible for the legal compliance that may arise herein.
All the transactions and service orders that may be performed directly or indirectly through the Site shall be subject to some other terms and conditions as well. These terms and conditions, if applied, will be an addition to the terms mentioned herein. The terms and conditions of use along with other policies stated by the company constitute an agreement between you, the user and the Site. If the company fails in strict governance of any provision stated in the agreement, it shall not be considered as a waiver of any right or condition. All these terms and conditions of using the Site are deemed to be governed by the laws of India along with the federal laws of your state.
Loot Bargain is located at G-80, Second Floor, Preet Vihar, Delhi, India 110092. 'We would like to inform our users that Parental control protections (such as computer hardware, software,or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Current providers of such protections can be found at: http ://www. en.wikipedia. org/wiki/List of Content Control Software.
TERMS OF SALE OF VOUCHERS AT LOOTBARGAIN.COM
The guarantee of a Voucher’s exchange value is completely and solely lies to the Merchant from whom you purchase it. Lootbargain.com just acts as a link between you and the Merchant and thus that particular Merchant is solely liable for redemption of any Voucher/s.
- RESTAURANT - SPECIFIC VOUCHERS
Since restaurant-vouchers are provided by different restaurant owners, who are one of our Merchants, we will use the term ‘Restaurant’ for ‘Merchant’. Such a merchant is defined as a provider and seller of food stuff and Vouchers that can be exchanged for such food and beverages offered by him.
- Restaurant Vouchers used for alcoholic drinks are based on the sole discretion of the provider i.e., Restaurant. Sale of such Vouchers is subject to applicable law.
- The Voucher offer states redemption frequency fixed by Restaurant.
- Restaurant-Specific Vouchers are meant for exchanging food and beverages only and shall not be used for clearing prior balances or paying taxes and tips, until and unless the Restaurant permits to do so.
- You cannot combine one Restaurant’s Voucher with another’s vouchers, coupons, third party certificates or promotions unless stated and permitted by Restaurant.
- Vouchers are valid for only dine unless stated otherwise.
- Lost and stolen Vouchers are not liable for any claims from Loot Bargain or Restaurant and the same thing goes for Voucher reference numbers also.
- Dealing with the issue of Restaurant credit solely lies on the discretion of the Restaurant except if controlled or directed by applicable law.
- Unless done in compliance with law, sale or reproduction of a Restaurant-Specific Voucher is strictly prohibited.
- Any attempt to redeem the Restaurant-Specific Voucher will be considered void if it is not in line with these terms and conditions. The Voucher used in such an attempt will also be rendered as null and void.
- Void as restricted by law.
- All Restaurant-Specific Vouchers may be subject to some statutory limitations for that amount of the total Voucher value which is meant for buying alcoholic beverages. Compliance with state statutes or codes is Merchant's responsibility. Lootbargain.com acts as a marketing agent only for the Merchant Voucher, and the applicability and compliance with any relevant statute or code is solely determined and carried out by the Merchant. Lootbargain.com has no role in such determination or action and thus it is on the part of the Merchant only.
- TERMS AND CONDITIONS FOR OTHER MERCHANT VOUCHERS
- The redemption of a Merchant Voucher shall be limited only to merchandise and shall not include handling and shipping charges, unless otherwise stated.
- One Voucher can be used only for one order, unless otherwise specified by Merchant. Limit 1 (one) Voucher per redemption.
- The Merchant may or may not issue credit as per his discretion, unless otherwise required by law.
- Neither Merchant nor Loot Bargain shall be accountable for any stolen Voucher or its reference number.
- You cannot combine one Voucher with the other vouchers, coupons, third party certificates or promotions unless stated and permitted by Merchant.
- Unless done in compliance with law, sale or reproduction of this Voucher is strictly prohibited.
- Any attempt to redeem this Voucher will be considered void if it is not in line with these terms and conditions. The Voucher used in such an attempt will also be rendered as null and void.
- Void as restricted by law.
TERMS OF SALE OF MAGAZINES SUBSCRIPTIONS/ MEMBERSHIP AT LOOTBARGAIN.COM
All the Terms of Sale of Products are applicable to the magazine subscriptions/membership offers, except the shipping terms. Shipping terms for magazines subscription/membership will be different from magazine to magazine. Please review the 'Shipping Details' tab of the respective offer to learn more. To know the refund policy, plaese click here.
TERMS OF SALE OF PRODUCTS AT LOOTBARGAIN.COM
The guarantee of a Product’s exchange completely and solely lies to the Merchant from whom you purchase it. Lootbargain.com just acts as a link between you and the Merchant and thus that particular Merchant is solely liable for providing an exchange for the ordered products. Lootbargain.com does not promote re-sellers and holds the right to block your account and cancel your order any time if you are found to be a re-seller. In such cases, you will be liable for paying 10% service charge of the cancelled order.
Since lootbargain.com does not promote re-sellers or encourage other businesses to buy products from here, the customers are provided only the Retail Invoice and not the Tax Invoice with their orders. If you do not agree with any of these terms and conditions, please leave this website immediately.
- It is mandatory for a user 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 End User 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 registration form. You must also update your registration data from time to time in order to maintain its accuracy.
- End Users 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.
ADDITIONAL TERMS AND CONDITIONS FOR ALL LOOTBARGAIN VOUCHERS
The Terms and Conditions of Lootbargain and its participating Merchant or Restaurant is applicable on all Vouchers. The Merchant and Restaurant represent the seller or provider of products and services purchased by you. While the Merchant is the holder and issuer of a Merchant Voucher, the Restaurant is the holder and issuer of the Restaurant-Specific Voucher. Thus, the Merchant or Restaurant is completely responsible for all and any damages, liabilities, claims, injuries, costs and illness suffered by a customer, that may be caused wholly or partially due to the Merchant or Restaurant, as well as for any outstanding property liability that may arise from fully or partially unclaimed Vouchers.
You release and waive Lootbargain and its employees, directors, agents and officers from any damages, liabilities, claims and injuries that may arise from or related with any omission or action of Restaurant or Merchant in respect to a Voucher or the goods/services provided to you therein or in respect of compliance with applicable laws of unclaimed property or other laws related to the redemption of a Voucher’s full or partial value. All the Vouchers (Merchant and Restaurant-Specific) are redeemable only once in their entirety and shall not be used for incremental redemption.
As per the conditions laid down by applicable law, you may not be able to redeem the coupon after the expiration or redeemable date (which ever is greater) mentioned on the Voucher. This date stated on the Voucher decides the last date of such Voucher’s validity. However, if you want to redeem an expired Voucher to get back the price paid by you, you must contact the Merchant, who may allow such a redemption if required by law or instructed by Lootbargain. If the Merchant refuses to redeem a Voucher’s cash value, even if such redemption is directed by law, then you must contact Lootbargain, explaining your issue in writing. Here, you will be refunded the purchase price of the Voucher by Lootbargain.
Lootbargain.com rewards its users with a cash credit on several events, in the form of Sign up Cash Credit, Corporate Membership Cash Credit and Complementary Cash Credit etc.
- The amount of cash credit is directly transferred to your account in the form of Lootbargain cash credit, which can only be used for shopping at www.lootbargain.com.
- The amount is always in the form of credit and cannot be converted into cash in any event.
- Every cash credit has an expiry date, after which you cannot claim or use it.
TERMS AND CONDITIONS FOR LOOTBARGAIN CONTEST
The Lootbargain Contest is a free contest organised by Lootbargain.com that provides you a chance to win prizes. You can enter this contest by creating a user account with lootbargain.com if you agree to and fulfil the following terms and conditions:
- It is a free contest but to be eligible for entering into it, you need to deposit an amount in your user account that will be reimbursed in the form of Lootbargain Cash Credit.
- Once you create the account and deposit the required amount, you will have to correctly answer a question in order to participate in the draw. We will process all the correct entries and conduct a lucky draw to choose an ultimate winner.
- You must be above 18 years of age at the time of registration with Lootbargain.com and must submit an age proof for the same to claim your prize if you win the contest.
- The winner of this contest must provide an authentic proof of his/her registered identity details, proof of age and address as well as a valid PAN card.
- The cash credit can be used for buying the Daily Deals or Popular Products at Lootbargain.com within 180 days of your deposit
- The following terms and conditions of the Lootbargain cash credit will be applicable here:
- 1. The amount you deposit with lootbargain.com is directly credited to your account in the form of Lootbargain cash credit, which can only be used for shopping at www.lootbargain.com.
- 2. The amount is always in the form of credit and cannot be converted into cash in any event.
- 3. The cash credit has an expiry date of 180 days, after which you cannot claim or use it.
- 4. Cash credit cannot be used for participating/entering the Lootbargain.com Contests.
Participation in Contests
The participants must enter the contest on their own will, only if they agree with and accept all the applicable terms and conditions. Anyone shall not participate under pressure or compulsion. It is also mandatory for a registrant to answer the requisite question correctly in order to be eligible for participation in the contests.
The Procedure of Entering the Contest
To enter the Lootbargain contest, you will first have to create a user account with us by filling up a registration form available at our website and also deposit a required amount in your account. Your account will be verified on the basis of the email id and contact number provided by you. So you must enter valid details in the form. A participant can only have one Lootbargain account against his email Id and contact number. The registered members are advised to himself/herself participate in the contest, not allowing anyone else to participate on his/her behalf. Any person related to the people involved (employees or otherwise) in the creation, development and management of the site as well as his/her family members are not allowed to enter the Lootbargain contests.
SWAAS LLP reserves all the rights to modify the duration or existence of the contest on the basis of the number of entries received before the date indicated on the website or through any marketing communications materials. The company is also not bound to issue a prior notice to the members for the changes in terms of the contest or any other reason whatsoever it may be. Any chance of any misunderstanding, fault or dispute concerning any part of the participation or declaration of the winners of the contests, the operation of the services, correctness or incorrectness of questions and answers and/or the validity of any question or answer options, the decision of the company shall be final and binding on all the members. Further, the company is allowed to take decisions against any matter which may or may not be mentioned in the concerned Terms and Conditions.
Lootbargain.com does not provide refunds for the deposit made by the users. The deposit retain into the users account for 180 days and can be used against the purchase of any coupon or product. However, if you do not use your account for more than six months, it will be considered as an inactive account and its balance will be reduced to zero.
Participating members will have to provide us an 'authentic proof' of their registered identity details along with the proof of their 'age' and 'address' to claim their prize if they win the contest.
Important Information Regarding Tax
As per the Indian Government tax laws, a TDS or Tax Deducted at Source, which is mandatory, will be charged from the winner at the rate of 30%. The entire charged TDS will be delivered to the Indian Government as tax paid in advance on behalf of the winning contestant. SWAAS LLP has the right to follow the Government rules and regulations at any time. The prize will be delivered to and in the name of winning member only.
These 'Terms and Conditions' are not subject to any changes until and unless either the website or its company terminates them. However, if you want to terminate your membership and relationship with Lootbargain.com, you can do so by informing us at the contact details given under the link Contact Us. We will accept only the written and email notices and will not entertain or accept any verbal notices in any manner.
SWAAS LLP holds the rights to terminate any membership or user account with Lootbargain.com without any prior notice to the account holder. Lootbargain.com may terminate the membership in the following instances:
- Violation of any incorporated agreements including the 'Terms and Conditions'.
- More than one user account of a single person.
- Misrepresentation of identity or providing false personal information.
- Registering with false and fake information.
- The company's board does not see any profits even if the services are in progress.
Further, SWAAS LLP reserves the rights to modify or amend the contents and rules of the Lootbargain contest at any point in time, without any prior notice to the users.
Any activity of the website such as conducting contests or announcing the winner may be referred ahead or postponed in case of any unnatural and unusual event or obstacles like company's personal situation, happening of any natural calamity or an event of any force majeure occur. In any such situation, the company will try to arrive at the best possible decisions and solution at that very time.
Limitations of Company & Website
The website and company's management will not be responsible for any damage or loss of the lost opportunity, any technical interruption and any other related problems in any manner, which is beyond the company's controls. Stealing or losing of prizes or cheques while in transit (or any other process of sending) to the winning contestants and any damage or loss caused to the member due to any interruption from printing, typological or technical errors in anything related to the participation in the contest will be beyond company's control. SWAAS LLP DOES NOT REPRESENT OR WARRANT TO YOU THAT YOUR USE OF THE LOOTBARGAIN.COM SERVICES WILL MEET ALL YOUR REQUIREMENTS AND EXPECTATIONS, AND THAT YOUR USE OF THE SERVICE OF THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERRORS.
Lootbargain and its parent company SWAAS LLP shall in no manner held responsible for any physical or mental injury caused to any person attached to the website.
SWAAS LLP and its management is not responsible for any problems, clashes, claims or any other issues resulting out of some miss-happening, misunderstanding or anything else related to the Terms and Conditions while participating in the contest. Members should cooperate in the favour of the site for any claims. SWAAS LLP reserves the rights, at its own discretion, to control any material subject to indemnification by the member or assume the exclusive defence.
Third Party Websites
SWAAS LLP does not provide any warranties about the accuracy of the content of this website or any other website to which you may gain access through our website or through which you may have gained access to our website. The inclusion of any link on Lootbargain.com does not indicate endorsement of the linked sites or site's content and doesn't even signify any association with their operators.
Website Content and Data Safety Violation
Any service of the website will not be accessed by any member by any means other than through the interface that is provided by Lootbargain.com. The participants are deemed to agree not to perform any activity that results in any disruption of the services of our site (including the networks and servers that are connected to the services).
The members are further supposed to agree to not use any automated means with any service that may affect the standing position of the site. If any member or non-member is found to be involved in any activity that might have an effect on the website Lootbargain.com, SWAAS LLP has the rights to take legal steps against that person.
As a member of Lootbargain.com, you specifically agree not to use this website or its service for:
- Exposing your password and any personal information with the website. It may be risky for the security of your membership account.
- Involving in any illegal and unlawful acts or any activity that is dangerous for the security of the networks, contents, good functioning, servers, or any infrastructure of Lootbargain.com.
- Allocating any other individual's personal information like account passwords, personal profile information etc. or placing other people's susceptive papers and identity documents is also offensive.
- Using our services for phishing scams or driving traffic from our website to porn, unlawful or illegal sites, including sites containing sexually explicit matter.
- Uploading a profile picture that has disturbing or offensive in nature.
- Facilitating gambling, online or otherwise, including lotteries or betting.
- Using of website for nasty reasons.
- Performing any act that results in malfunctioning of the website.
- SWAAS LLP takes all the required measures to safeguard the contest related data and registered information against any loss and corruption, but if such loss occurs in an/any event, because of restricted time period within which the contests are conducted and winners are announced, the company will have to carry on or take decisions according to the available data only.
In case there is any annulled or unlawful phrase in these Terms and Conditions for any reason, the company will follow the required measures but all other remaining phrases would remain unaffected.
Intellectual Property and Copyright Notice
Copyright © 2012, SWAAS LLP, All rights reserved.
All the material included in this website solely belongs to SWAAS LLP. As such, it cannot be misused in any way like reproduction, distribution, copying, transmission, modification, and republishing the contents of this website. By accessing this website, you and any third party is not titled to any transfer of any intellectual property rights. Rather, all rights, interest and titles in and to all aspects of site solely belong to SWAAS LLP.
Regarding Copyrights and Trademarks: SWAAS LLP, its trademarks, designs, and logos are registered. You are not supposed to spread any information of Lootbargain.com and company in any public medium like press, newspaper etc. Trademark can also not be used for any purposes, which are not in favour of the company and not even for advertising or promoting any other third party.
SWAAS LLP and its officers, directors, employees, subsidiaries or affiliates shall not be liable under any circumstance to any third party or members for any special, incidental, indirect, consequential or punitive damages unless due to gross negligence. The participating members cannot file any civil proceedings or criminal specifically in any court or through any third party against the company SWAAS LLP and its employees, directors, officers, subsidiaries or affiliates claiming any damages connected to the participation in contests.
These 'Terms and Conditions' are governed by the laws of India, excluding its conflict-of-laws principles. If the dispute does not resolve within 30 days after arising then the Arbitration and Conciliation Act, 1996, including any rules, will be followed and the decision announced by the arbitral tribunal will be final and binding on all the involved parties.
There will an appointment of one arbitrator on the basis of a common agreement. The arbitration will be conducted in English or Hindi in New Delhi, India. Any party has the rights to appeal for any judicial relief in any court having jurisdiction against their rights until dispute is resolved.
These 'Terms and Conditions' include a set of limitations and remedies, which are subject to an order of injunctive or equitable relief passed by the arbitral tribunal. The existence of any arbitral proceedings and information disclosed in the course of proceedings will be considered as 'confidential information' However, the parties involved hold the right to disclose such information under confidentiality restrictions to the appropriate Court.
These Terms and Conditions are governed by the Laws in Force in the State of Delhi, India and exclusive jurisdiction of the courts of Delhi, India will submit them under their control.
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.
REFUND POLICY FOR VOUCHERS
The following conditions apply to the refund of Vouchers purchased from Lootbargain.com:
- We provide 100% money back guarantee for the vouchers. If the Merchant refuses to redeem a voucher, when it is still redeemable, then you must contact Lootbargain explaining your issue in writing. Here, you will be refunded the purchase price of the Voucher by Lootbargain.com.
- In case users do not use their coupon, they can request a refund within 30 days of their purchase. No refund request will be processed after 30 days. All refunds in such cases are subject to a processing fee of 15% of the coupon price (collected by lootbargain). After deducting 15% processing charges, we refund the amount either in form of credit for future purchases of Vouchers from Lootbargain.com or in applicable currency.
- No refund is available for the coupons where we mention the same on the coupon details. Please read the details carefully before making a purchase. However, if the Merchant refuses to redeem a voucher, when it is still redeemable, then you must contact Lootbargain, explaining your issue in writing. Here, you will be refunded the purchase price of the Voucher by Lootbargain.com.
REFUND POLICY FOR MAGAZINES SUBSCRIPTION/ MEMBERSHIP
The following conditions apply to the refund of the amount paid for magazines subscriptions/membership (not to the purchase of individual issues) to Lootbargain.com:
- You must request a refund within 7 days from the day you make a payment.
- After 7 days, it is not possible to provide a refund for the subscription from lootbargain.com. For claiming a refund, you must contact merchant directly. The details of merchant will be available on order page.
- After seven days period, the payment is dispatched to the Merchant, thus refund will be provided by the merchant only. If merchant is uncooperative, please contact us and we will do our best to help you.
EXCHANGE POLICY FOR PRODUCTS
The following conditions apply to the exchange of products purchased from Lootbargain.com:
- You may exchange a product purchased from Lootbargain within 30 days of purchase by returning the original product in the same form and condition as it was delivered to you.
- At Lootbargain.com, you are entitled to exchange the returned item for any other product from the same category and of the same price. Lootbargain Exchange Policy does not provide a refund for any returned product. We also provide free replacement for the damaged or defected products within 30 days of delivery. You must inform us about a defected product at the time of delivery or within the next 30 days.
- The Lootbargain Exchange Policy is not applicable to the products being sold by the third party Merchants. Although most of the third-party vendors on Lootbargain.com abide by our Exchange Policy, they may not be able to provide an exchange for some items because of their perishable nature or any other reason. You must carefully read all the details of a product before buying it. The refund and exchange conditions of different merchants may vary from one another.
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.
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. .