Terms & Conditions

1. General Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you and Lot of Happy Smiles Private Limited ("Company", "we", "us", "our"), incorporated under the Companies Act, 2013.

These Terms govern your access to and use of the FLH platform, including the website, mobile application, and all related services ("Platform").

2. Acceptance of Terms

By creating an account, accessing, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must immediately discontinue use of the Platform.

3. Modifications

The Company reserves the right to modify these Terms at any time. Updated Terms will be posted on the Platform. Your continued use after changes constitutes acceptance. If you disagree, you must stop using the Platform.

4. Eligibility

To use the Platform, you must:

• Be an Indian resident aged 18 years or older
• Provide accurate, current, and complete registration information
• Not be prohibited from using the Platform under applicable laws
• Minors (under 18 years): May use the Platform only under the direct supervision and responsibility of a parent or legal guardian.

5. Account Registration and Security

You must provide truthful, accurate, and complete information during registration and keep it updated.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account.

Notify us immediately at info@lotofhappysmiles.com.in if you suspect unauthorized access to your account.

The Company is not liable for any losses arising from unauthorized use of your account.

You may request account deletion by contacting our support team. Certain obligations (including indemnification and payment obligations) survive account termination.

6. Platform Services

The Platform connects Users with Agents and Vendors to facilitate access to various products and services.

By placing an order or booking a service, you enter into a binding transaction agreement.

The Company acts as a facilitator and does not guarantee the quality, availability, accuracy, safety, or suitability of any third-party products or services offered on the Platform.

Service availability may vary by location and is subject to change without notice.

8. Cancellation & Refund Policy

Orders placed on FLH cannot be cancelled at this stage.

Returns or replacements are allowed only for valid issues (damaged, defective, or wrong items).

Refunds, if applicable, are processed by vendors as per their policies.

FLH acts only as a marketplace facilitator and does not process refunds.

9. Intellectual Property Rights

All content on the Platform—including text, graphics, logos, images, software, code, designs, trademarks, and trade names—is owned by the Company or its licensors and is protected under Indian intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license for personal, non-commercial use only.

You may not copy, reproduce, distribute, modify, reverse engineer, create derivative works from, or commercially exploit any Platform content without prior written permission.

10. Privacy and Data Protection

The Company collects, stores, and processes your personal data in accordance with our Privacy Policy and applicable Indian data protection laws, including the Information Technology Act, 2000, and related rules.

By using the Platform, you consent to such data collection and processing.

While we implement reasonable security measures, we cannot guarantee absolute security of data transmitted over the Internet.

11. User Conduct and Prohibited Activities

You agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Transmit viruses, malware, or any harmful code
• Engage in fraud, impersonation, harassment, defamation, or abusive behavior
• Attempt unauthorized access to the Platform, other accounts, or computer systems
• Use automated tools (bots, scrapers) to access the Platform without authorization
• Use the Platform for any commercial purpose without explicit written permission
• Post false, misleading, defamatory, obscene, or offensive content
• Manipulate transactions, reviews, or ratings
• Share your account credentials with others

Violation of these terms may result in immediate account suspension or termination, and potential legal action.

12. Disclaimers and Limitations of Liability

Service Disclaimer:

• The Platform and all Services are provided on an "as is" and "as available" basis without warranties of any kind, express or implied.
• The Company does not guarantee uninterrupted, error-free, secure, or timely operation of the Platform.
• We do not warrant the accuracy, completeness, or reliability of any content, information, or services provided through the Platform.

Limitation of Liability:

• To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform.
• The Company is not responsible for the quality, safety, legality, or any other aspect of products or services provided by third-party Vendors or Agents.

13. Indemnification

You agree to indemnify and hold us harmless from claims, damages, and expenses (including legal fees) arising from your violation of these Terms, misuse of the Platform, violation of laws, or content you submit.

14. Account Suspension and Termination

By the Company:

• We reserve the right to suspend or terminate your account at any time for violations of these Terms, suspected fraud, abusive behavior, prolonged inactivity, or legal/regulatory requirements.
• Upon termination, your right to access and use the Platform ceases immediately.
• We may retain or delete your data in accordance with applicable laws and our Privacy Policy.

By You:

• You may request account deletion by contacting support@lotofhappysmiles.com.in.
• Survival: The following sections survive termination: Intellectual Property, Liability Disclaimers, Indemnification, Dispute Resolution, and Governing Law.

15. Force Majeure

The Company shall not be held liable for any delay, failure, or interruption in providing the Platform or Services resulting from causes beyond our reasonable control, including but not limited to:

• Natural disasters (earthquakes, floods, storms)
• War, terrorism, civil unrest, or government actions
• Pandemics or health emergencies
• Technical failures, power outages, or telecommunication issues
• Acts of third-party service providers

16. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

All disputes arising from or relating to these Terms or the Platform shall be subject to the exclusive jurisdiction of the courts located in Visakhapatnam, Andhra Pradesh, India.

17. Dispute Resolution

Step 1 - Informal Resolution: If you have any grievance or dispute, please first contact our Grievance Officer (contact details in Section 19) to attempt an informal resolution.

Step 2 - Arbitration: If the dispute cannot be resolved informally within 30 days, it shall be referred to binding arbitration under the Arbitration and Conciliation Act, 1996.

18. Grievance Officer

In compliance with the Information Technology Act, 2000, we have appointed a Grievance Officer. For any complaints or concerns, please contact:

Grievance Officer: Simhadri Naidu Velaga
Email: info@lotofhappysmiles.com.in
Address: A-Square Business Center, Waltair Uplands, Visakhapatnam - 530003
Phone: +91 8886053331

19. Role-Specific Terms

The following additional terms apply based on your role on the Platform:

These Agent-specific terms supplement the general Terms above and apply to all individuals or entities registered as Agents on the Platform. These terms are governed by the Information Technology Act, 2000, Consumer Protection Act, 2019, and other applicable Indian laws.

• These Terms apply to all registered Agents and are governed by applicable Indian laws.
• Agent registration is subject to Company verification and approval, and platform access is granted only upon acceptance of these Terms.
• Agents must maintain an active subscription as displayed on the Platform. Subscription fees are non-refundable except as required by law.
• Agents may onboard users and promote only Platform-approved services, and all collections must be made strictly through authorized Platform systems.
• Agents must act lawfully, ethically, and transparently and shall not make false, misleading, or unauthorized representations.
• Commissions are payable only on eligible and verified transactions. Rates may change with prior notice, and no minimum earnings are guaranteed.
• Commission payouts are subject to verification, applicable limits, and statutory deductions (including TDS). The Company may withhold or adjust payments in case of disputes, refunds, fraud, or legal non-compliance.
• Agents must not engage in fraud, off-platform payments, data misuse, manipulation, or guarantee returns or income.
• Agents act as independent contractors and are solely responsible for their own taxes, licenses, and regulatory compliance.
• The Company reserves the right to monitor, suspend, or terminate Agent access for violations, inactivity, fraud, or legal requirements.
• Agents may request account termination by writing to support@lotofhappysmiles.com.in.

• Vendors must register with valid business, bank, identity, and GST documents; approval is at the Company's discretion.
• An active subscription is required to list products and receive orders; fees are non-refundable except as required by law.
• Product listings, pricing, and offers are controlled by the Company; stock is updated by the Platform.
• Vendors are responsible for order fulfillment, packaging, and delivery, and must comply with all laws and ensure product quality and safety.
• Payments are made per agreed terms and may be adjusted or withheld for refunds, disputes, violations, or statutory deductions (including TDS).
• Vendors grant the Company a perpetual, royalty-free license to display and promote products and act as independent contractors.
• The Company may suspend or terminate access for violations, fraud, non-compliance, or expired subscriptions; Vendors must not sell illegal, counterfeit, or unsafe products and must indemnify the Company.

• Separate written agreements (including Franchisee Agreements, Vendor Agreements, or Partnership Agreements) may supplement these Terms. In case of conflict, the specific written agreement shall prevail for that particular relationship.

20. General Provisions

Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Entire Agreement: These Terms, together with the Privacy Policy and any supplementary agreements, constitute the entire agreement between you and the Company.

Waiver: The Company's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment: You may not assign or transfer your rights or obligations under these Terms without the Company's prior written consent. The Company may assign these Terms without restriction.

Notices: All notices under these Terms should be sent to the contact details provided in Section 1.

21. Acknowledgment and Acceptance

By registering, accessing, or using the FLH Platform, you acknowledge that:

• You have read and understood these Terms & Conditions
• You agree to be legally bound by these Terms
• You are eligible to use the Platform under these Terms
• You will comply with all applicable laws and Platform policies