This seller/merchant agreement is an electronic record in the form of an electronic contract formed under information technology act and rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes as amended by the information technology act 2000. This agreement does not require any physical, electronic or digital signature.
This agreement is a legally binding document between you and LastHourDeal (both terms defined below). The terms of this agreement will be effective upon your acceptance of the same and will govern the relationship between you and LastHourDeal, including with respect to the listing, advertising, exhibiting, making available, offering, marketing, sale and/or delivery of any products through the website/app/service. If any terms of this agreement conflict with any other document/electronic record, the terms and conditions of this agreement shall prevail, until further change / modifications are notified by LastHourDeal.
FIRST PART – is a LastHourDeal User who is an individual/any legal entity (company, partnership, Proprietorship etc.) representing itself through its duly appointed authorized signatory only, who has completed LastHourDeal’s User Registration Form and has added one shop/business or multiple shops/businesses into their LastHourDeal account (hereinafter, referred to as the “Merchant” / “You”, which mean and include Your heirs / subsidiaries, affiliates, successors and permitted assignsetc).
AND
SECOND PART – is LHD Technologies, a company registered under the Udyog Aadhar Scheme(hereinafter referred to as, “LastHourDeal” which expression shall mean and include all its successors, liquidators, receivers, and assigns).
Once a user add a shop into the LastHourDeal User account, he/she/company/legal entity (First Part) acknowledges and agrees to be a member of the LastHourDeal ‘Merchant Account’. By agreeing to be a member in the LastHourDeal ‘Merchant Account’ you are bound to follow the terms in this ‘Merchant Agreement’. A user becomes a Merchant when he/she/company/legal entity adds one or more shops to his/her/their account. The Merchant with a unique login id and password can exhibit, make available, provide discounts, update price, add inventory of the products on the website/app/service and thus offer the product for sale on discounted rates given by the Merchant (Representative) from their shop/store.
You will be solely responsible for maintaining the safety and confidentiality of your log-in, password and details of your merchant account and the information provided therein, and shall be fully responsible for all activities that occur under your merchant account.
You agree to (a) immediately notify LastHourDeal of any unauthorized use of your account information or any other breach of security, and (b) ensure that you exit from your merchant account at the end of each session. LastHourDeal shall not be liable for any loss or damage arising from your failure to keep your Merchant account protected from any unauthorized access, blockage, misuse or any other unauthorized use and you shall indemnify LastHourDeal in accordance with this agreement for any such unauthorized use.
You agree by exhibiting, advertising, listing or offering any product/service on the website/app/service, that you are making an offer to sell your product/service to the users of the website/app/service with such offers, by the acceptance of the offer by a user, it will be binding on you the sale, return, quality, quantity and other terms of the sale in the website/app/service.
You shall be solely responsible for ensuring that the product/service and offers are updated and reflects the real-time availability / non-availability of the product/service listed on the website/app/service. You shall be responsible for claims made by users for inaccurate product/service availability details that are displayed on the website/app/service due to any negligence / default on your part to provide updated and accurate product/service information. You shall retain adequate inventory of the product/services listed on the website/app/service for easy availability of the product/service.
You represent and warranty that the product/service description shall not be misleading and shall describe the actual condition of the product/service. If a product/service is subject to expiry duration or expiry date, you shall not offer to sell and sell any such product/service. If the product/service sold does not match the product/service description displayed on the website/app/service, you shall refund or compensate for the losses occurred by the user in such a transaction. You represent that you have obtained all consents as may be required in order to provide the information and description of the products/service on the website/app/service.
By providing details of product/service, images of the product/service and/or images of the brands/ logos of the product/service. You grant LastHourDeal a non-exclusive and worldwide right and license to use the product/service description, images of the brands/ logos of the product/service to be used on the website/app/service, and in any marketing and promotion material of LastHourDeal to promote the sale of such product/service on the website/app service, and, if required, to make technical modifications to the images so as to render them feasible for uploading on the website/app/service. You represent that you have obtained all Consents as may be required (including Consents from the owners of the relevant brands where relevant) in order to grant LastHourDeal the aforesaid rights and licenses
LastHourDeal reserves the right to demand any document related to product/service listed by you including documents, required for the verification of product/service genuineness.
LastHourDeal reserves the right to suspend or terminate access to Merchants registered on the website/app/service and the merchant account, at any time without assigning any reasons for doing so.
For the purpose of marketing or promoting the website/app and other services, LastHourDeal may run various promotional offers from time to time to the buyers or otherwise on the website/app/service or in relation to the website/app/service.
All commercial / contractual terms such as selling price of the product, discount offered, quality of the product/service, quantity of the product/service, warranties, payments, etc., are bipartite contracts between the buyer and you. The payments are purely done at the store/merchants premises, and it is not at all associated with LastHourDeal. LastHourDeal and/or the website/app/service are in the role of intermediaries in all such transactions.
Electronic Communications -When You use the website/app/service or send emails or other data, information or communication to LastHourDeal, You agree and understand that You are communicating with LastHourDeal through electronic records and You consent to receive communications via electronic records from LastHourDeal periodically and as and when required. LastHourDeal will communicate with You by email or by notices on Merchant Panel or electronic records on the website/app/service which will be deemed adequate service of notice / electronic record. To the maximum extent permitted under any applicable law, You hereby waive all your rights to challenge the service of documents under any and all legal proceedings if the document is served on your designated electronic address including Merchant Panel in terms of Information Technology Act, 2000.
Fees Structure – You will pay LastHourDeal a non-refundable monthly/yearly fees as mentioned in the plan you select. The terms and validity of the plan are provided by LastHourDeal. No claims on this would be entertained.
Last Hour Deal shall have the right to inspect and audit your records and premises / place of business through itself or through LastHourDeal approved third party in case the same is required to ensure LastHourDeal compliance of applicable Laws or any statutory obligations / instructions.
Ensure that the Selling Price of all the Products offered on the website/app/service shall be either equal to, or less than, the Maximum Retail Price (MRP) of that Product, as may be determined in accordance with applicable Laws. The MRP, along with other statutory declarations, shall be mentioned on each product/service and/or on its packaging in accordance with applicable laws. You confirm that selling Products above MRP or any type of misrepresenting related to MRP, discounts etc. or indulging in any other unlawful/ unethical practice through the website/app/service will cause great prejudice and harm to the reputation and goodwill of LastHourDeal and in case of any such complaint, You shall be liable to pay or compensate such amount to LastHourDeal in accordance with the losses occurred or claimed. You agree that this liability will not be treated as penalty and LastHourDeal shall have all other legal and contractual rights and remedies under this agreement and applicable laws. In addition to this, Your product/service will be immediately delisted from LastHourDeal and all Your rights will be revoked;
Merchant should provide offered products to customers on a First come first served basis.
Merchant should be honest and fair to LastHourDeal customers.
Products/service which are in offer should be given to LastHourDeal customers based on the ‘Block id’ only.
Merchant is solely responsible for the offers he/she/company/legal entity provide in the website/app/service using their login id and password/one time password.
Merchant can stop or pause an offer as and when required. (But within that time if LastHourDeal customers have blocked their products -the merchant/seller is liable to give the product with the mentioned offer as long as stock is available)
Merchants/Store management should stop an offer immediately once the stock is over or once enough number of prospect customers have blocked the product (This to avoid customers returning without getting the product and thus creating unhappy customers)
Merchant/service should provide products to all blocked customers as long as the stock is available.
(Eg: Suppose ‘TheatreABC- Merchant’ has 50 unsold tickets for a particular show and he gives an offer for 10 tickets, but a total of 15 tickets were blocked by LastHourDeal customers. ‘CustomerA’ has blocked 2 tickets, but by the time he reaches the theatre the Merchant has already sold 10 tickets with offer.
Case 1: There are no more tickets available for this show
– ‘CustomerA’ will not get the ticket as it is completely sold out.
Case 2: There are few more unsold tickets
– ‘TheatreABC-Merchant’ is liable to give 2 tickets in offer to ‘CustomerA’ because there are unsold tickets available.) ie: TheatreABC-Merchant has now given offer for a total of 12 tickets.
LAST HOUR DEAL is a technology based platform which acts as an intermediary service between stores and consumers, so that stores can dispose their excess stock/unutilised resources on a daily basis. This acts as a platform for customers to find mind blowing deals around for a particular time frame.They can block a particular quantity and collect it from the respective store.
