Terms And Conditions
Bhavanaz Facemagic Private Limited
1. INTRODUCTION:
This Platform is operated by the Company under the brand Bhavanaz facemagic. The Company offers this Platform, including all information, tools and services available from this Platform to You, the User, conditioned upon Your acceptance of all terms, conditions, policies and notices stated here. The User’s use of the Platform and related tools and services thereof, including but not limited to viewing information, acting on such information and the transactions that may be implemented through the Platform, is governed by and shall be subject to these terms and conditions (“Merchants’ Agreement” or “Terms of Service” or “Terms”), the terms whereof are subject to change at any time, without prior notice to You. Any new features or tools which are added to the current Platform shall also be subject to the Terms of Service. To ensure that You are aware of the changes, please review this Merchants’ Agreement and all the documents referred to hereunder periodically.
If You continue to browse through this Platform, You are agreeing to be bound by the Terms which along with the Privacy Policy govern Your relationship with Us. You confirm that You have also read and have agreed and accepted to be bound by the terms and conditions incorporated in the terms of the Privacy Policy, which shall be deemed to be a part of this Merchants’ Agreement.
In the event You are representing an incorporated entity, You hereby confirm that You have been expressly authorized by such entity to consent this Merchants’ Agreement, and such entity agrees to be bound by the terms hereunder.
This Merchants’ Agreement sets forth the legally binding terms of Your use of the Platform and related services. By proceeding further, You confirm that You have read and have agreed and accepted to be bound by the terms and conditions mentioned herein and incorporated in any additional guidelines or rules applicable to particular services on the Platform (“Additional Documents”), which shall be deemed to be a part of this Merchants’ Agreement. In the event of any conflict between the terms of this Merchants’ Agreement and any aforesaid Additional Documents, the Additional Documents shall prevail. If any of the terms of this Merchants’ Agreement or of any of the Additional Documents are not acceptable to You, please do not use the Platform. Your continued usage of the Platform after any change constitutes Your acceptance of the amended Merchants’ Agreement.
2. SCOPE OF THE PLATFORM :
The Platform is an e-portal/mobile based application for marketing, purchasing and selling of Products and services. By visiting our Platform and you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies, as may be laid down under any Additional Documents as referenced herein and/or available by hyperlink. These Terms of Service apply to all Users of the Platform, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of data, content, Information, pictorial representations and/or images (“Content”).
3. EXCLUSION OF LIABILITY :
You are aware and fully understand that Platform is only a platform for prospective buyers and sellers and that:
- The Merchant shall alone have full legal and moral responsibility and liability for all the Products and services listed and sold on the Platform. The Company shall bear no liability or responsibility either for the Products being shown in catalogue or for the actual goods or services provided to the Buyers by You and all such liability, including financial and legal, shall solely lie with You;
- The Merchant shall alone be responsible for procuring all licenses, permits, passes etc. as required by applicable law for each of the Products listed or sold through the Platform by You. The responsibility lies solely with You for ensuring that the Products being listed or sold are permitted for advertising, listing and sale under applicable laws;
- It is Merchant’s responsibility to not list or sell anything that is not permitted under applicable laws at the said point in time. An indicative list is provided below under clause 7, but that list is not exhaustive. We have the right but not the obligation to remove any item that is listed for sale from the Platform;
- Platform is only facilitating payments on behalf of You and accepts no liability associated with the listing or delivery of goods or services by You
- The Merchant shall make every effort to ensure that images of the Products exactly reflect the appearance of the Products in real life and the store display as accurately as possible the colors and images of the Products; and
- The Merchant shall bear full liability and responsibility for dealing with any returns or refunds. The responsibility for communicating, managing and arranging for any refunds or returns lies entirely with You. The Company shall not be responsible for dealing with any returns or refunds.
4. GENERAL CONDITIONS :
- We reserve the right to refuse Service to anyone (without assigning any reason) at any time.
- You understand that Your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Platform through which the Service is provided, without express written permission by Us.
The headings used in this Merchants’ Agreement are included for convenience only and will not limit or otherwise affect these Terms.
5. TERMS OF USE :
You acknowledge that certain parts of this Platform are available only if You register on this Platform by following the registration process mentioned under this Merchants’ Agreement.
6. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION :
- We are not responsible if information made available on the Platform is not accurate or not complete or not current. The material on the Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary and more accurate sources of information. Any reliance on the material on the Platform is at your own risk; and
- We reserve the right to modify the contents of the Platform at any time, but We have no obligation to update any information on the Platform. You agree that it is Your responsibility to monitor changes to Our Platform.
7. MODIFICATIONS TO THE SERVICE AND PRICES :
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance of the Service.
8. PERSONAL INFORMATION :
Your submission of personal information is governed by Our Privacy Policy.
9. ERRORS, INACCURACIES AND OMISSIONS :
Occasionally there may be information on the Platform or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Platform is inaccurate at any time without prior notice We undertake no obligation to update, amend or clarify information in the Service or on any related Platform, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Platform, should be taken to indicate that all information in the Service or on any related Platform has been modified or updated.
10. SEVERABILITY :
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.