Terms & Conditions

1. Registration and creation of an account:   

• By using and registering yourself on the website, you will be sharing information with us. On account of registration, you may receive messages, emails or calls relating to the website and products on the website.  

• You shall provider true, accurate and current information about yourself and update such information to keep it true, accurate and complete. 

• We shall ensure adequate protection of your information shared with us, in accordance with the applicable laws. However, the onus is on the user to maintain confidentiality of your account, password and restricting access to your device and the user shall accept responsibility for all the activities that occur under your account.  

• In the event you access, browse and operate the website on someone else’s behalf, you represent that you have the authority to bind that person to all the terms and condition herein. In the event such user refuses to be bound by the terms and conditions specified herein, you agree to accept any liability for any harm caused or damage suffered resulting from such access or use.  

• If you know or have reasons to believe that the security of your account has been breached, you should contact us immediately at care@lottosport.in. Based on the severity, we may require you to change your password, temporarily or permanently block or suspend your account, or undertake any other actions to cure the security breach at our discretion, without incurring any liability. For the purpose of ascertaining security breach, you agree to authorise us to investigate and access your account.  

• All personal data provided to us will be maintained by us in accordance with our Privacy Policy available on our website.  

2. Grant of license: 

• We hereby grant you a limited, non-exclusive, non-transferable, revocable licence to access and make personal and non-commercial use of the website and purchase our products.  

• This license shall not include a right to resale or commercial use of the products, collection and use of product listing, descriptions and prices. You shall be expressly barred from downloading or copying images, product information or use of mining systems to gather and extract information.  

• We reserve the right, at any time, without notice, and at its sole discretion, to terminate your license to use the website and to block and prevent your future access the website. 

• No intellectual property rights or license is granted in connection with the materials contained on this Platform. 

3. Communications:  

• On creation of an account at the website and on express consent provided by you, we may issue update, other information regarding products and any on-going offers, through emails, messages and phone calls as per your preferred settings.  

• You may choose to opt out of receiving any or all communications from us by following the necessary process as detailed under the Privacy Policy and Cookies Policy on our website.  

4. Your Privacy:
   

• We under the importance of safeguarding your personal data and we shall ensure sufficient mechanisms put in place, as require by standard industry practices and under applicable laws.
• We have also implemented a Privacy Policy, to ensure that your personal information is sufficiently protected. Apart from the terms contained herein, the Privacy Policy shall also govern the use and visit of this website.  
• In event of any conflict between the terms contained herein and Privacy Policy, to the extent it related to Personal Information, the Privacy Policy shall prevail.

5. Intellectual property and data ownership: 

• The names, images, illustrations, audio or video clips, design marks and slogans are the trademarks, copyrights, logos or service marks (hereinafter referred to as "Marks") on this website shall belong to us. No intellectual property rights or license is granted in connection with the materials contained on this website. 

• Access to this website does not authorize anyone to use any Marks in any manner whatsoever. Marks displayed on this Platform, whether registered or unregistered, are the intellectual property of the Company.    

• We expressly and exclusively reserve all the intellectual property rights in all text, programs, products, processes, technology, content, software and other materials, which appear on this website, including its looks and feel.  

• No material on this website shall be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed or modified in whole or in part or in any other form whatsoever, except for your personal and non-commercial use only.  

• No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading, copying or reproducing.

• Any unauthorized use of any material contained on the website may violate copyright laws, trademark laws, trade secret laws and other applicable laws and regulations and invite potential legal action against you.  

6. User published content:  

• For any content added, uploaded and posted by you during the usage of this website or regarding usage of the products (‘User Content’), shall be sole responsibility the of the user publishing the same. We cannot guarantee the authenticity, accuracy and completeness of the content published by any users.  

• However, in the event any user related content infringes on the rights of any users, third parties or that of Company, such user shall be held liable for the same.  

• User shall ensure the following in respect of their submissions and content uploaded:
  
  a. That they have the necessary rights, licenses and permissions to submit such User Content.
  
  b. That it does not infringe on any third-party intellectual property, privacy right, or other rights.
   
  c. That it complies with the instant terms and applicable laws.
   
  d. That it is NOT obscene, contains pornographic material, invades another’s privacy, insulting, harassing or creates any bias. Further, it shall not promote or encourage, money laundering, gambling or promoting enmity between different sections or groups. 
   
  e. That it shall not deceive or mislead any persons visiting the website regarding the products or spread misinformation.
  
  f. That the user is responsible and liable for displaying authentic content while using the platform and we will have no liability in this regard.  

• The company shall have no obligations to monitor or verify any user submission or user related content uploaded on the website.  

• However, in the event any User Content violates your rights, affects you in any manner possible, you may reach out to our Grievance Officer as set out below: 

7. Website Security:  

•  Users shall not attempt to violate the security of the website, including, without limitation: 
  
  a.  accessing data not intended for you or accessing information that you are not authorized to access.
  
  b.  attempting to probe, scan or test the vulnerability of the website or try to breach security or authentication measures without proper authorization.
  
  c.  submitting a virus, malware, or ransomware to the website, overloading, "flooding," "spamming," "mail bombing" or "crashing;" 
  
  d.  engaging in any activity that may compromise the security or stability of the website. 

• Any of the above violations may result in civil or criminal liability and we are entitled to investigate occurrences.  

• User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of this website. 

• In the event any security violations, we may be required to provide information to law enforcement agencies within the stipulated time to verify the identity of any user for the purposes of prosecution or investigation of cyber security offences. The user hereby consents to such disclosure of information to law enforcement agencies or statutory authorities as may be required by law.     

• Data collected from you during your use of the website will be retained for a period as specified under Privacy Policy and as required under applicable laws. We may retain such data for longer periods if required by applicable law or for legitimate business purposes. 

• We cannot guarantee that the website shall be available for use at all times or that it will be free of any errors 

• We shall not be held liable for any issues resulting from system failures, malfunctions, internet or server downtime, viruses or other technical issues.  

• We may, without notice, suspend access for maintenance or updates. 
  

8. Access through third party sites:  

• Any access to this site through any third-party website or page such as Facebook page, X, Instagram, Pinterest, YouTube or other social networking site (“Third Party Website/Platform”) shall also be governed by the terms of use and policies of the respective Third-Party Website/Platform.  

• The user should read the terms of use, privacy policy and/or other policies of the respective Third Party Website/Platform and any access or use of the Third Party Website/Platform is entirely at the user’s own risk.  

1. Purchase of products:  

• The products offered for sale on this website is solely intended for the benefit of end consumers, and therefore purchase of products for resale is strictly prohibited.  

• In the event we determine that that a purchase is intended for any purpose other than for self-consumption, we shall reserve the right to (i) suspend your purchase and/or account with us; and (ii) take any action to hinder purchase or order, including restrict sales, charge fees, impose purchase quantity limits, decline issue of refunds or accept returns and deny access to the website or store operated by us.  

• In order to purchase products on our website, you must provide your full name, email address, phone number, valid delivery address and payment method to place an online order.  

• Once an order for purchase of a product on the website is placed, we will send an email acknowledging receipt of your order ('Order Confirmation’). However, the ‘Order Confirmation’ shall not be construed as an acceptance of your purchase. Our acceptance of your purchase takes place only when products are shipped to you and a subsequent email confirming the same is issued.  

• In event we are unable to supply the product, we will intimate you of the same through email or any written communication.  

• We reserve the right to reject your order or cancel your order without incurring any liability for any reason, including but not limited to: 
  
  a.  Any event outside our control;
  
  b. Incorrect or unverified address, billing information or form of payment;
  
  c. If the order is flagged as potentially fraudulent or placed by an automated ordering software.
  
  d. If it exceeds the product purchase or total value limits fixed by us.
  
  e. If your account or purchase history shoes excessively high volume of returns.  

• Neither purchase of a product nor usage of this website shall be construed as creating any agency, partnership, affiliation, joint venture or other form of joint enterprise between us. 

2. Payments:
   
   Payment for the products purchased on the website may be made through credit cards, debit cards, net banking, UPI, wallets, e-gift cards, cash on delivery and reward points.
   
   All online payments gateways are processed through secure payment gateways. We seek to implement industry-standard encryption for payment data transmissions. All payments information shall be stored and handled in accordance  with the applicable laws and RBI guidelines. 
   
   You shall provide accurate, current and complete information required at the time of purchase and payment of the products. We reserve the right to verify payment   information and decline any order where are identifies as fraudulent, suffers from inaccuracies or shows signs of suspicious activity. 
   
   We reserve the right to modify accepted payment methods at any time without prior notice. 
   
   In order to facilitate the purchase, we may have to share your payment information with payment processors and other service providers. 
   
   We are neither a banking nor a financial service provider and merely a facilitator using the existing authorised banking infrastructure and payment gateways. Any issues, discrepancies or challenges relating to payment and refunds will have to be addressed to the respective banks, payment gateways and payment aggregators. In the event we have processed refunds in accordance with the terms contained herein and the Returns Exchange and Cancellation Policy, we shall not be held accountable for any delays or non-payments.  

3. Transfer of title:
   
   The title and risk of loss for the products purchased through the website shall pass to you/customer upon delivery of the product at the address specified by you.
    

4. Shipping and delivery: 
   
   We can only fulfil an order to a valid delivery address which is either your home or office address in India. We reserve the right to determine the shipping methods, including splitting a single order into multiple shipments. For further information regarding shipping and delivery of your order, please refer to the Lotto Shipping Policy.

5. Returns, exchange, cancellation and refunds: 

6. Product description: 

• We shall take reasonable steps to try and ensure that prices quoted on the website are correct and that all products have been fairly described. However, when ordering products through the website, the user shall note: 

           a. All prices are displayed and listed in Indian Rupees (INR) and inclusive all                          applicable taxes. The price break-up shall be made available to the user at the                  time of purchase and during check-out.  

           b. Packaging may vary from that what is shown on the website.  

           c. Colours of our products shall depend on your viewing device, and we cannot                     guarantee that the colour of the product shall match the colour displayed on                   your viewing device.  

           d. All products are subject to availability. In the event of non-availability of the                     products sought to be purchased, we shall intimate you of the same.  

           e. It could be a case that the price shown for a product in the cart may be subject                 to change at the time of purchase/check-out.  

7. Disclaimer of Warranties and Accuracy of content: 

• We will try to ensure that all information and recommendations, whether in relation to the Products, services, offerings or otherwise provided as part of this website is correct.  

• We do not guarantee the accuracy of the information displayed on the website. We make no representations or warranties as to the completeness or accuracy of the information.  

• The views expressed in user generated content are the opinions of those users and do not represent the views, opinions, beliefs or values of the Company or any of its group companies. 

• As means to assist the users in identifying the products of their choice, we provide visual representations on the website including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representation, we disclaim any guarantee or warranty of exactness of such visual representation or description of the products, with the actual product ultimately delivered to users. The appearance of the product when delivered may vary for various reasons. 

• Nothing contained herein is to be construed as a recommendation to use any product. 

• We do not covenant or provide any representations and warranties for the product or usage of the website:
  
  a. in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose.
  
  b. that the products will be made available at all times; and 
  
  

1. Access from outside India:  

• Except where otherwise specified, the products on this website are displayed solely for the purposes of promoting our products available in India.  

• We shall not accept orders for delivery to locations outside India. Those who choose to access the website from locations outside India are entirely responsible for compliance with all the applicable local laws of that country and to the extent any local laws are applicable.  

2. Termination: 

• These terms are effective unless and until terminated by either you or the Company.  

• You may terminate these terms at any time, by ceasing all use of the website or expressly deactivating or deleting your account. 

• We may terminate or suspend your access to the website in accordance with the terms stated herein.  

• Any such termination herein, shall not cancel your obligation to pay for the product already ordered from the website or affect any liability that may have arisen here under. 

3. Indemnification and Limitation of Liability: 

• Users shall agree to indemnify, defend and hold harmless us, our affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the website or purchase of products, violation of these terms or infringement of any of our or any third-party intellectual property or other rights. We will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost. 

4. Liability:  

• We shall not, under any circumstance, whether as a result of breach of contract or warranty, tort, or otherwise, be liable for any incidental, special or consequential damages, including loss of profits or revenues or any other costs or damages. 

• In no event, our aggregate liability, if any, that is proven and ordered by a court of competent jurisdiction pursuant to a claim by you or person acting on your behalf, shall extend beyond the money charged from you for purchases made pursuant to an order under which such liability has arisen and been established. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of Product by us to you was formed. 

5. Assignment and third-party rights: 

• You may not assign or sub-contract any of your rights or obligations under these terms to any third party. We may assign, transfer or sub-contract any of our rights or obligations under these terms to any third party at our discretion. 

• Only the user and the Company shall be entitled to enforce the terms contained herein. No third party shall be entitled to enforce any of these terms. 

6. Waiver: 

• No relaxation or delay by us in exercising any right or remedy under these terms shall operate as waiver of that right or remedy nor shall affect our ability to subsequently exercise that right or remedy.  

7. Severability: 

• Whenever possible, each section of these terms shall be interpreted in a manner so as to be valid under applicable law. However, if any of these terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, such terms shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such terms and the rest of these terms shall remain in full force and effect. 

8. Law, jurisdiction and language: 

• Any dispute that arises out of the use of this website or in relation to purchase of products through this website, shall be governed and adjudicated by Indian laws as applicable. Any disputes regarding or arising out of these terms shall be subject to the exclusive jurisdiction of the courts located at Bengaluru.  

9. Notices: 

• All notices and communications shall be in writing, in English and shall be deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent by email, with due acknowledgment or complete transmission to the following address: 

10. Regarding Complaints: 

• If your complaint is about a product purchased on the website, you may reach our customer care, at the address /phone number detailed below.
  
  
  Customer Care
  
  By email: care@lottosport.in
  
  By phone:  ; accessible between Mon-Sat 10 am to 8 pm, excluding gazetted holidays.
  
  By post: Agilitas Brands Private Limited,
  
  02B-109, 02B-111, 02A-107, and 02A-115,
  
  Roshni Tech Hub, Marathahalli Main Road,
  
  Lakshminarayana Pura, EPIP Zone,
  
  Chinnapanna Halli, Marathahalli Colony,
  
  Bengaluru – 560037. 

• In the unlikely event that we are unable to resolve a complaint with you directly, you have the right to refer the dispute to the Grievance Officer. 

11. Force Majeure: 

•  Notwithstanding anything contained in these terms or elsewhere, we shall not be   held responsible for any delay, loss, damage or failure to comply with the obligations, if such loss, damage, delay or failure arises from any cause which is beyond our reasonable control and is attributable to a Force Majeure Event.  

• A "Force Majeure Event" means any event that is beyond the reasonable control of M&S and includes, without limitation, pandemic, epidemic, fire, flood, explosion, acts of God, civil commotion, strikes, lock outs or industrial action of any kind, riots, insurrection, war, acts of government, power failure, sabotage, computer hacking, unauthorised access to computer data and storage device, system failure, virus, attacks, bugs, computer crashes, breach of security and encryption. 

12. We reserve the right to update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements without prior notification. Any updates or amendments will be posted on this website. In accordance with applicable laws, you understand that we are required to notify you of these terms, regardless of whether it contains any amendments, at least once a year. You understand that you will not be able to opt out of this particular communication from us.