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Terms & Conditions

I, being the Merchant or the vendor who has agreed to avail the listing services of the application - Bharat Online App owned and developed by Lutec India IT Services Private Limited, agrees to abide by the terms and conditions under this Agreement which state as follows –

    A. Parties – The following parties are the part of this Agreement –

  1. Lutec India IT Services Private Limited is the Owner of this Application, i.e. Bharat Online App and website –‘’ and reserves all the rights over the App and the website (hereinafter referred to as ‘Owner’).

  2. I, Vendor or the Merchant who has agreed to sign in for the listing under the App and who intends to sell its products or provide its services or both through this App to the customers (hereinafter referred to as ‘Merchant’).


    B. Listing services –

The listing services shall mean and include the services provided by the Owner to the Merchant by way of usage of this application. The services that the Merchant can offer to the customers under the listing include selling of its products to the customers via this platform or provision of services to the customers via this platform or combination of both.


   C. Nature of the transaction –

The terms and conditions contained herein are applicable to the parties. I, being the Merchant hereby agree to avail the services of listing under this Application. Accordingly, my name as a Merchant and my brand shall be listed in the Application and I shall be able to sell goods or provide services or both through this Application as a platform to the customers. While availing the listing services, I shall ensure to abide by all the terms and conditions as contained herein and any other terms and conditions that the Owner specifies in this regard in future by means of making any amendment to this Agreement.


The Application also deals with the transactions of buying and selling of various products and also availing and providing of various services between the Merchant and the customer. I understand that, the terms and conditions as defined herein does not bind the customer but the Merchant agreeing to list itself through this Application.


   D. Consideration –

For the listing services provided by the Owner to the Merchant, the Owner charges a particular fee based on the type of service availed by the Merchant. I agree that, the schedule of the fee or consideration to be charged along with the benefits of listing under each type of listing service is disclosed to me while offering of the services and I hereby agrees to pay the consideration against the desirable type of service to the Owner. I understand and agree that, this consideration is a non-refundable fee which is paid before listing of my products or services or both on the Application and shall not be refundable in any case, of whatsoever nature.



   E. Term and termination –

The term of the listing service is specified for each particular type of service under the fee and benefit schedule. The term of the listing service depends on the subscription of service that the Merchant has opted for and agreed to pay consideration against the same. I understand and agree that, the said term shall be a fixed term and cannot be terminated before its expiry as agreed while availing the subscription, under any circumstance, of whatsoever nature or due to any reason, of whatsoever nature.


    F. Relationship –

This Agreement does not constitute the Merchant (me) as a business partner, servant, employee, partner, a joint venture partner or an agent of the Owner and I, being a Merchant shall have no authority to bind the Owner in any respect whatsoever and shall not hold itself out as the Owner of the application or owned by or associated with the Owner other than as a vendor or merchant listed on the application of the Owner, authorized and permitted to carry on its business on this platform on the terms and conditions herein set forth.

I understand and agree that, this Agreement does not govern the relationship between the Merchant (me) and the customer buying the Merchant’s products or availing the Merchant’s services. The Owner shall not be responsible, in any way, for the relationship between me and the customer which is absolutely outside the scope of this Agreement and in general the scope of this Application. This Application is just serving as a platform for the interaction and integration of the Merchant (me), my business and the Customer but in no case shall be treated as the provision of services or selling of goods by the Owner to the customer or in no case the transaction of buying and selling of products or providing or availing of services be considered as a contractual relationship between Owner and Customer or between Owner and Merchant (me).


    G. Terms and conditions

By way of signing in for the listing service, I agree to abide by the terms and conditions as given hereunder or under this Agreement or any other changes, additions, amendments made in this Agreement in future by the Owner.


 1. I, being the Merchant, shall use the application only for my business purposes and not for any other personal purpose and shall restrict myself from carrying out or rendering any activity or service which is not directly related to my business for which I have listed myself on the application.


2. This application is just a platform developed by the Owner for the Merchant and customer to facilitate the buying, selling, providing and availing transactions of products and services between them. I understand and agree that, the Owner does not offer or promise to offer or propose any kind of delivery services or does not employee any delivery partner or agent or employee to facilitate such transactions between the customer and the Merchant. I hereby take the responsibility of the delivery of the products from my (Merchant) business place to the doorstep of the customer. I agree to ensure the facilitation of the delivery of products to the customers by any manner whether by employing my own delivery partner or employee or delivering at my business place or as may be decided between me (Merchant) and the Customer.


3. I hereby accept and agree to run and operate the schemes, offers, deals, discount or any other similar program, by whatsoever name called, that the Owner has proposed to drive, operate or provide in the application owned by the Owner on his own prerogative and at its own cost and expense. I agree to apply those schemes and offer in the same manner with all the same terms as are designed and proposed to be implemented by the Owner. I agree not to make any changes or amendments in the offer or schemes proposed and directed by the Owner.


4. I also understand and agree that, I am allowed to run and operate the schemes and offers of its products or services or both, at its own discretion, other than the offers and schemes rolled out by the Owner. I (Merchant) hereby agrees to bear all the cost and expense of the offer and schemes rolled out and operated at its discretion and shall not hold the Owner, liable for such offerings and schemes, for any reason whatsoever in nature.



5. The Owner has right and authority to terminate the listing services provided to me (Merchant) and also to block my (Merchant) business  or delist my (Merchant) business from the Application in case of situations as mentioned in this Agreement.



6. I agree and understand that, the Owner shall terminate the listing service, delist the Merchant and block the Merchant from the application with immediate effect in the following cases –

  1. The Merchant utilizes the listing services of the application for any activity or purpose other than the business purpose of the Merchant for which the Merchant has agreed to subscribe for.

  2. The Merchant utilizes the application for or is involved in any activity of abuse, spam, ill-use, maltreat or any other similar activity which by nature is detrimental to the interest of Owner, Merchant, customer or public in general.

  3. The Owner finds out that the Merchant is involved directly or indirectly in some kind of abusive or spam activity reported by the customer or any other person accessing the application.

  4. The Owner receives any kind of complaints of the Merchant from any customer or person under the customer support services of the Owner or any such complaint lodging support services available in the application.

  5. The Merchant is carrying out any kind of illegal, harmful or detrimental activity or business, whether or not authorized by law, on this application. 

  6. The Merchant is in breach of delivery of products or services or both, as may be applicable to the Merchant, to the customer who has paid or promised to pay for the product or service or both.

  7. The Merchant fails to deliver the product or provide the service as per the industry standards and where the products or service is not of a standard quality, quantity, is defective or damaged or deficient or faulty in whatsoever manner, and that the Merchant fails to improvise the same on the reasonable demand of the customer.

  8. I understand that, the Owner also reserves the right to take legal action against me (Merchant) for any abusive behavior, abuse or spam reporting by customer against me, maltreat activity, ill-use of the application by me, complaints lodged against me (Merchant), conduct of illegal activities on the application or any other similar behavior or activity done by me (Merchant) which is detrimental to the interest of the Owner, its application, the brand image, goodwill, and reputation of the Owner and its application or in general harmful or detrimental to the customer.

  9. I agree to restrict myself from using any other application of whatsoever nature with respect to the provision of the service or selling of the products, as may be applicable, to the customers of this application.

  10. I agree to restrict myself from unnecessary sharing or exchanging mobile numbers or other contact details with the customer other than as may be deemed required to fulfill its obligation of providing services or selling of products through this application to the customer. This may include sharing of Whatsapp numbers for chatting in the Whatsapp chat room or emailing to each other or getting in contact via any other social media application.

  11. I understand that, the Owner has the right to share or disclose the details and information of the Merchant and relating to its products or services or both, that it possess to any legal authority as required by any statute, law, rules, guidelines, order, or any other directions of the legal authorities.I understand, accepts and agree that, I am the owner of the business listed by me on the application and thus I (Merchant) take full ownership and responsibility with respect to the authenticity, genuineness and legality of my business, the products that I shall sell or the services I shall provide through this application. In no case, for whatsoever reason or in any circumstance, the Merchant shall not hold the Owner responsible or liable for any of its products or service or its business activities in general.

  12. I understand and agree that, the Owner shall not be held responsible by any person or customer and shall give no guarantee for the standard of service I (Merchant) provides or quality, quantity of the product that I (Merchant) sell on the application and that I (Merchant) hereby agree to indemnify and hold harmless the Owner from any claim, demand, action, liability, cost, expense brought by any person or any customer due to breach of maintenance of standard of products or service or both by me (Merchant) while operating the business on this application.

  13. I understand that, the transactions of buying and selling of products or providing and availing of services is between the Merchant and the customer and that the products are sold or services are provided by the Merchant to the customer directly for consideration paid by the customer directly to the Merchant. Thus, I (Merchant) agree to keep the Owner outside the scope and purview of Consumer Protection Act and rules or any other related law and statute that deals with such transactions.

  14. I (Merchant) shall be held responsible and shall take all the risk associated with the sharing of its QR Code for payment or landing, UPI ID, bank details, or any other payment details to the customers who shall purchase the Merchant’s products or avails the services that the Merchant provides. In no case, for whatsoever reason, I (Merchant) shall not hold responsible to the Owner for any liability, harm, damage, loss, etc. that may arise or occur to me with respect to risk associated with sharing of its payment and banking details.

  15. I understand and agree that, the Owner is not a Banking Company or any such entity involved in the banking transaction or is not governed by any RBI rules and regulations and that the consideration involved in the transactions between customer and Merchant under this application is paid directly to the Merchant by the customer via any banking channel or by way of cash as may be decided between the parties i.e. the payment transactions shall be of the nature – Vendor to Customer. The Owner is just a platform facilitating such transactions and that the payment of product or services is not processed through this application or there is absolutely no involvement of the Owner in the payment transactions between the customer and the Merchant.

  16. I agree to bill directly to the customers for the products purchased or services availed or both and shall directly receive the consideration against such products or service by any means along with all the taxes including GST or any other tax as may be applicable for such transactions.

  17. I agree that, I (Merchant) can, during the course of selling products or providing services share or exchange the location details with the customer for fulfilling the obligations and I hereby take full responsibility and liability with respect to the risk associated with such sharing and exchange of location details with the customer or any other person.

  18. I (Merchant) understand and agree that, I (Merchant) shall be responsible to frame the profile under the application and design the contents and product catalogue under the application at my own discretion that will be displayed to the customers or the public using the application. I understand and agree that, I can at any time make changes in the content and design and product catalogue of the profile on the application. I (Merchant) also understand that, the Owner reserves the right to demand deletion, amendment or changes in the profile and product catalogue by the Merchant if the Owner believes that the profile or the product catalogue of the Merchant is in any manner detrimental to the interest of the Owner, the application or the public at large.

  19. I (Merchant) understand and agree that, the QR Code, if any, provided by the Owner to me as a means of listing service which is also displayed in my profile under the application shall be used just for the purpose of landing to my profile in the application and not for any other purposes like facilitation of payment transactions between customers and Merchant, etc.

  20. I (Merchant) understand and agree that, the Application may include links to websites or applications of third parties whose terms and conditions differ from those of this application owned by the Owner. I also understand that, if I provide my personal or other data to any of those websites or application or access that application or website, then that data is governed by their terms and conditions and that the Owner is not responsible, in any manner, for such third party websites and applications.


    H. Intellectual Property Rights

I (Merchant) acknowledge and agree that the name of the Owner and the trademarks, logo and symbols associated with the name of the Owner and this application and all Marks are the exclusive property of the Owner, whether or not registered under the applicable laws.

I understand and agree that, this Agreement shall not in any manner give or be deemed to give to the Merchant (I), any right, interest or ownership in the name of the Owner and the trademarks, logo and symbols associated with the name of the Owner and this application and all Marks, promotional advertising or other written material relating to the business, except for the right to use the name, trademark, logo, other Marks strictly in accordance with the terms and conditions of this Agreement. I understand and agree that, all goodwill associated with the name and Marks shall be exclusive to the benefit of the Owner and I shall not misuse the name, logo, and trademark, whether registered or not, associated with the Owner and this application and shall not infringe the Intellectual Property Rights of the Owner.


     I. Indemnification

I (Merchant) agrees to protect, indemnify and hold harmless the Owner, its officers, directors, affiliates, and employees from and against, including but not limited to, any and all claims, actions, suits, loss and demands, liabilities, proceedings, judgments, penalties, damages, costs, expenses and losses of any kind whatsoever, whether or not asserted or brought by any third person or customer (including without limitation, to the extent permitted by applicable law, reasonable attorneys rates and disbursements) (collectively, the “Losses”) resulting from or arising out of:

  1. Any breach of the term, covenants and conditions or other provisions hereof or any action or omission hereunder on my part;

  2. Any failure in complying with all applicable legislation, statutes, ordinances, Regulations, administrative rulings or requirements of law on my part.

  3. non-performance or breach of trust or violation of any of the terms and conditions of the Owner’s Policies or this Agreement, against any claims by any customers or third Parties and any other negligence towards my business as Merchant which can be related to, either directly or indirectly, affecting the Owner and its business operations.

  4. against such claims, demands, losses, costs, charges and expenses to the extent of my non-performance or breach of trust or violation or negligence which is not attributable directly to any of the operations of the Owner.

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