By using, accessing, viewing, subscribing to services offered by the Website, including any webpage, feature, information, data contained therein you agree to be bound by and abide by the terms and conditions under which these services are offered. You should not use any of the services offered by the Website in case any of the terms and conditions are not acceptable to you.
You represent and warrant that you are competent and eligible to enter into legally binding agreement and have the requisite authority to represent and bind the other party to this Agreement. You shall not use this Service if you are not competent to contract under the applicable laws, rules and regulations.
This Agreement shall continue to be in full force and effect for so long as you are using the services offered by the Website. BMPL may at any time modify the terms and conditions ("Terms") of the Service without any prior notification to you. You can access the latest version of the Terms here at any given time. You should regularly review the Terms. In the event the modified Terms are not acceptable to you, you should discontinue using the service. However, if you continue to use the service you agree to accept and abide by the modified Terms.
Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
A. PLATFORM FOR TRANSACTION AND COMMUNICATION
- The Website is a platform that Users utilize to meet and interact with one another for their transactions. BMPL is not and cannot be a party to or control in any manner any transaction between the Website's Users.
- The Website acts as a mere venue/platform for our members to negotiate/interact for buying, selling and other business services by way of locating companies to trade with, through our on-line exchange. We do not take part in the actual transaction that takes place between the buyers and sellers and hence are not a party to any contract for sale
negotiated between buyers and sellers. All transactions will be the responsibility of the members only. This agreement shall not be deemed to create any partnership, joint venture, or other joint business relationship between BMPL and other party.
- All commercial/contractual terms are purely offered by and agreed to between buyers and sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. BMPL does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the buyers and sellers.
- BMPL does not make any representation or warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website.
- BMPL does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website.
- BMPL accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
- BMPL is not responsible for any non-performance or breach of any contract entered into between buyers and sellers. BMPL cannot and does not guarantee that the concerned buyers and/or sellers will perform any transaction concluded on the Website.
- BMPL shall not and is not required to mediate or resolve any dispute or disagreement between buyers and sellers.
- BMPL does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.
- BMPL does not at any point of time during any transaction between buyer and seller on the Website come into or take possession of any of the products or services offered by seller nor does it at any point gain title to or have any rights or claims over the products or services offered by seller to buyer.
- At no time shall BMPL hold any right, title or interest over the products nor shall BMPL have any obligations or liabilities in respect of such contract entered into between buyers and sellers. BMPL is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
- The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. BMPL is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the seller and the buyer.
- At no time shall BMPL hold any right, title or interest over the products nor shall BMPL have any obligations or liabilities in respect of such contract.
- BMPL is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
- You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with
B. YOUR BEAUTYPOLIS.COM ACCOUNT
- To avail of and use the Services offered by the Website you will have to register with the Website. As a part of registration process you agree to provide BMPL current, complete, and accurate registration information as prompted to do by the Service and to maintain and update this information as required to keep it current, complete and accurate.
- If you provide any information that is untrue, inaccurate not current or incomplete or BMPL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BMPL has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Website.
- You shall be responsible for maintaining the confidentiality of your password, which you will not be under an obligation to reveal to any representative or agent of BMPL. Membership is non-transferable.
- You further consent to receive communications from BMPL electronically. BMPL will communicate with Users by email or by posting notices on the Site/Service. This service is provided to you as a matter of convenience. You may be able to post, submit, transmit, share, upload any data, comment, messages, files, photographs, pictures, images, graphics or any other material or a combination thereof ("Content") on the Service as per the respective terms and conditions thereto
C. USING OUR SERVICES
- User must follow any and all policies made available by BMPL
- In connection with your use of the Services, BMPL may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
- You agree and undertake that you shall not host, post, upload, display, modify, publish, transmit, update or share any information content/material that:
- Belongs to another person and to which you don't have any right to; copyrighted content owned by a third party unless you have the express consent, permission, license, authority of the rightful owner;
- Violates/infringes any patent, trademark, trade secret, copyright or any other proprietary or privacy rights of any third party.
- Is grossly harmful, blasphemous, paedophilic, false, misleading, unlawful or with the intent to defraud, harass, abuse, intimidate, accuse, impersonate or harm the feelings of anyone; illegal, obscene, pornographic, vulgar, provocative, defamatory, indecent, libelous, hateful, or racially, ethnically objectionable, disparaging, threatening, impersonating another person, enticing/harming of minors in any way, infringing of intellectual property rights, proprietary rights of any third party, invasive of privacy or public rights or any other third party rights or otherwise injurious or objectionable, elicit response relating to illegal activity, contain viruses is an expression of bigotry or hatred based on age, gender, race, religion, caste, class, lifestyle preference, and nationality; relating or encouraging money laundering or gambling or otherwise unlawful in any manner.
- Promotes or provides any instructional information about illegal activities;
- Contains software viruses or any other computer codes, files or programs that would interrupt, destroy or limit the functionality of this Site/Service or any software, network, servers, hardware or any other related equipment, any computer resource.
- Violates any applicable laws or regulations for the time being in force.
- Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
- Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
- BMPL does not claims any ownership in the content posted by you including without limitation the feedback and suggestions provided. You may upload and share your content, share your views, feedbacks and suggestions - this should not be done at the cost of hurting the feelings of anyone.
- You agree and acknowledge that any Content/material/image, uploaded or posted by you is lawfully owned by you. By posting the Content you represent and warrant that you own or otherwise control all the rights including without limitation the right necessary to provide, post, upload, and submit the Content.
- For any Content posted by you, actions undertaken on any/all Services under your account till date you grant a worldwide, royalty free right to BMPL and to the general public to use, reproduce, disclose, exhibit, display, transform, edit, translate, create, distribute or transmit the material without limitation or restriction with or without having your name attached/attributed/displayed/assigned to such Content.
- When you upload or otherwise submit content to our Services, you give BMPL (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. This license continues even if you stop using our Services.
- You further agree and acknowledge that BMPL shall be free to use any ideas, concepts, techniques, know-how contained in any Content posted/uploaded by you, for any purpose including but not limited to publicity, promotion, advertising, developing/marketing products or use such information without compensation or any other obligations to anyone including you.
- You further agree and acknowledge that BMPL is under no obligation to post or use any content/material uploaded/posted by you.
- You agree and acknowledge that the content posted, uploaded, accessed, bookmarked or shared by you across the Website can be accessed, copied, stored, used publicly by all other users whether registered or not.
- BMPL Services include public areas - that are accessible by all the users whether registered or not with BMPL and You shall be solely responsible for any Content uploaded, posted or shared by you.
- By submitting the information to us, you represent and warrant that such submission is accurate, is not confidential and is not in violation of any contractual restrictions or other third party rights. You must consider and decide yourself the extent to which you wish to reveal information about yourself to the large community of beautypolis.com users and to BMPL. You must not communicate any information which could be harmful/damaging/detrimental to you.
- BMPL offers various services such as chat rooms, blogs, etc, where you can post and share your views, observations and comments on various issues/designated topics. BMPL cannot guarantee that the other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, do not post it on the service.
- You further agree, understand and acknowledge that BMPL is a intermediary/service provider which facilitates/provides access to the communication system over which the information is made available by the third parties. As such BMPL does not
- initiate the said transmission or
- select the receiver of said transmission or
- Select or modify the information contained in the said transmission.
- BMPL is under no obligation to monitor or review the user contributed content.
- BMPL assumes no responsibility for the content, no obligation to modify or remove any inappropriate messages/content and no responsibility for the conduct of any user of this service.
- However, BMPL reserves the right to review the content posted and to remove any content in its sole discretion.
- BMPL does not permit or authorize infringement of intellectual property rights and reserves the right to remove the content without any prior intimation, upon proper notification that such member uploaded content infringes the intellectual property rights including the copyright of the rightful owner.
- The information/content provided on this site is intended for personal non-commercial use. Other than what is expressly provided herein, you agree and undertake not to download, use, copy, reproduce, distribute, display, broadcast, sale, license or otherwise exploit for any purpose any content without the prior written consent of the respective rightful owners
- The Website displays some content that is not created by BMPL. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. BMPL is not responsible for the availability of these outside resources or their contents, nor does it endorse or is it responsible for any of the advertising, products or other material on such contents. BMPL shall not be held responsible or liable for any direct or indirect loss or damages caused or alleged to have been caused by your use of, or reliance on, such content. Any concerns regarding an external content should be directed to its responsible site administrator or webmaster
- The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer. You agree not to list a single product in multiple quantities across various categories on the Website. BMPL reserves the right to delete such multiple listings of the same product listed by you in various categories.
E. PRICING INFORMATION
- Pricing on the product is as it shows, however due to any technical issue, typographical error or product information received from our suppliers' prices of the product may vary. BMPL will try to be accurate, however if you come across any difference in pricing on the Website pre and post orders, we request you to contact us immediately.
- While we strive to provide accurate product and pricing information, pricing or typographical errors may occur.
- We cannot confirm the price of the product until you make the order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, BMPL shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is wrongly priced, BMPL may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and BMPL will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration or placing of order, or cancel the order and notify you of such cancellation.
- Prices and availability are subject to change without notice.
- Payments for the products available on the Site may be made in the following ways:
- Payments can be made by Credit Cards, Debit Cards, Net Banking, Cash on Delivery and reward points.
- Credit card, Debit Card and Net Banking payment options are instant payment options and recommended to ensure faster processing of your order
G. REFUND AND CANCELLATION
- BMPL hopes that you never have to cancel or return a product.
- Once an order is placed the same cannot be cancelled
- We mandate that sellers listed on our website take utmost care while packaging to ensure that the product reaches you the way you had seen it on our website. However, due to situations beyond control, the items delivered might get damaged in transit. The sellers would replace or cancel your order under such circumstance. We would request you to inform us and the sellers of the damage within 48 hours of receipt of order. Any refund would be restricted strictly to replacement of the product after proper checking of the damaged product and no requests to refund the amount will be entertained.
- In case you receive items that are different from the ones you ordered, we will require the sellers to ship the right items to you right away. Please send us an email at email@example.com with the order ID and complaint details. We would respond to it within 48 hours. We would try and reverse pick up the product from your location wherever possible, at other locations we will try and find a mutually agreeable solution. Refund would be processed after the item has been shipped back or Any other reasons for cancellation or return would be handled on a case to case basis
- Following shall not be eligible for return or replacement
- Damages due to misuse of product
- Incidental damage due to malfunctioning of product
- Any consumable item which has been used or installed
- Products with tampered or missing serial / barcode numbers
- Any damage / defect which are not covered under the manufacturer's warranty
- Any product that is returned without all original packaging and accessories, including the box, manufacturer's packaging if any, and all other items originally included with the product(s) delivered
- BMPL reserves the right to cancel any order without any explanation for doing so, under situation where BMPL is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the Website policy or for any other reason. However, BMPL will ensure that any communication of cancellation of an order, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund will be made in reasonable time.
I. BUSINESS USES OF OUR SERVICES
- If you are using our Services on behalf of a business, that business accepts these terms.
- It will hold harmless and indemnify BMPL and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
J. EXTERNAL LINKS AND ADVERTISEMENTS.
- The Website may contain hyperlinks to Internet sites and resources operated by third parties. These linked websites are not under the control of BMPL. BMPL is not responsible for the availability of these outside resources or their contents, nor does it endorse or is it responsible for any of the contents, advertising, products or other material on such sites.
- BMPL shall not be held responsible or liable for any direct or indirect loss or damages caused or alleged to have been caused by your use of, or reliance on, any content, goods or services available on such sites. Any concerns regarding an external link should be directed to its responsible site administrator or webmaster.
- The Website may also contain third party advertisements embedded with hyperlinks to third party web sites. All such advertisings are paid for by the relevant third party advertiser and are not recommendations or endorsements by BMPL or its affiliates. You should refer to the relevant advertiser for information on its products and/or services.
K. RESTRICTIONS ON USE OF MATERIALS.
- No material from the Website or any website owned, operated, licensed or controlled by BMPL may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices.
- In the event you download software / program from this Website, the software / program, including any files, images incorporated in or generated by the software / program, and data accompanying the software / program are licensed to you by BMPL.
- BMPL retains full and complete title to the software / program , and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the software / program to a human-perceivable form.
- The trademarks, logos and service marks of BMPL and/or its affiliates are collectively referred to as the "Trademarks". Nothing contained in the Website should be construed as granting, by implication, estoppels or otherwise, any license or right of use of any Trademark displayed on the Website without the written permission of BMPL or its third party owner.
- BMPL is pleased to hear from its users and welcomes your comments regarding BMPL products /and or services.
- However, BMPL’s long-standing company policy does not allow it to accept or consider creative ideas, suggestions or materials other than those it has specifically requested.
- We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by BMPL 's professional staff might seem to others to be similar to their own creative work.
- Accordingly, we must ask that you do not send us any original creative materials such as stories or character ideas, screenplays, or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials.
- If, despite our request that you not send us any creative materials, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of BMPL.
- None of the Information shall be subject to any obligation of confidence on the part of BMPL and BMPL shall not be liable for any use or disclosure of any Information. Without limitation of the foregoing, BMPL shall exclusively own all now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.
- If you provide BMPL with any Information, you shall be deemed to have waived any rights, interest and ownership in the Information.
M. JURISDICTIONAL ISSUES.
- To the fullest extent permitted by applicable law, BMPL makes no representation that materials in the site are appropriate or available for use in any locations.
- Those who choose to access this site from any location do so on their own initiative and are responsible for compliance with their local laws, if and to the extent local laws are applicable.
- This Agreement is governed and construed in accordance with the Laws of Union of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Mumbai, Maharashtra, India, in all disputes arising out of or relating to the use of the BMPL sites/services. Use of the Website /services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree to indemnify and hold BMPL, its subsidiaries, affiliates, officers, directors, employees, and representatives harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the BMPL Websites/services.
BMPL reserves the right to terminate your access to all or part of this Website, with or without notice.
THE MATERIALS IN THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BMPL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BMPL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE MATERIALS WILL MEET YOUR REQUIREMENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE WEBSITE WILL BE MAINTAINED. BMPL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT BMPL) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
P. LIMITATION OF LIABILITY.
- To the fullest extent permitted by applicable law, BMPL excludes all liability for any direct, indirect, incidental, special or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from (a) the use or the inability to use the Web Site; (b) the cost of procurement of substitute goods and services resulting from any goods or services purchased or obtained or transactions entered into through or from the Web Site; or (c) unauthorized access to or alteration of your transmissions or data, even if BMPL has been advised of the possibility of such damages.
- You further agree that BMPL is not responsible or liable to you for any threatening, defamatory, obscene, offensive or illegal conduct of other users or any infringement of another's rights, including intellectual property rights, occurring on or through the Website.
- To the extent permitted by law, the total liability of BMPL, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Services (or, if we choose, to supplying you the Services again).
- In all cases, BMPL, and its suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable
- We recognize that in some countries, you might have legal rights as a consumer. If you are using the Services for a personal purpose, then nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by contract.
- Without limiting any other provision of these Terms and Conditions, to the extent that any warranty of liability cannot be excluded, BMPL’s total liability is limited to only the supply again of the services provided herein.
Q. INDEMNIFICATION; LIABILITY FOR ALTERING, TAMPERING.
- You agree to indemnify, defend and hold harmless BMPL and its parents, subsidiaries, affiliates, officers, and employees from any loss, liability, claim, demand, damage, or expenses (including reasonable attorney's fees) asserted by any third party due to or arising from or in connection with your use of or conduct on the Website, content or messages posted or transmitted by you on or through the Website.
- BMPL reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations. You hereby agree that if you unauthorisedly alter, access or tamper with the Website or any of the material contained in the Website you shall be liable for all loss and damages suffered by BMPL or any third party on account of such acts.
R. MODIFICATION TO THE WEB SITE.
BMPL reserves the right to modify or discontinue the Website without prior notice. BMPL shall not be liable to you for any modification to or discontinue of the Website.
S. ABOUT THESE TERMS
- BMPL may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services.
- You should look at the terms regularly. BMPL will post notice of modifications to these terms on this page. BMPL will post notice of modified additional terms in the applicable Service.
- Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted.
- However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
- If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
- These terms control the relationship between BMPL and you. They do not create any third party beneficiary rights.
- If you do not comply with these terms, and if BMPL does not take action right away, it does not mean in any way that BMPL is giving up any rights that BMPL may have (such as taking action in the future).
This agreement shall be governed by and construed in accordance with the laws of Mumbai, India, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and BMPL relating to the subject matter herein.
I have read and understood this agreement and agree to be bound by and abide to this agreement.