The following terms and conditions (“Terms of Service”) together with our Privacy Policy (“Privacy Policy”) (collectively, the “BWS Terms”) govern your use of the Platform and/or the Services.
The BWS Terms constitute a binding and enforceable legal contract between you and Beauty Wall Spot and its Affiliates – so please read them carefully.
By using the Platform and/or using the Services, you agree to be bound by the BWS Terms. If you do not agree to the BWS Terms, do not access and/or use this Platform or the Services.


 

  1. Definitions and Interpretation:
    1. Definitions:
      1. Account” or “BWS Account” means an account one has with Beauty Wall Spot for the purpose of using the Services.
      2. Affiliate” means a company that is a direct or indirect subsidiary of Beauty Wall Spot. or otherwise related to Beauty Wall Spot through common ownership or control.
      3. Fees” means the fees, as determined by Beauty Wall Spot in its sole discretion, applicable to the use of the Services.
      4. Platform” means (a) both the web and mobile versions of the websites operated and/or owned by Beauty Wall Spot which include the following URL: www.beautywallspot.com,  and (b) the mobile applications made available from time to time by Beauty Wall Spot, including the iOS and Android versions.
      5. Prohibited Product” means any product, content or services set out in Schedule 2 (“Prohibited Product List”) or otherwise prohibited from being posted, promoted or sold through the Platform or the Services.
      6. Services” means services, information and functions made available by us at the Platform.
      7. Beauty Wall Spot”, “BWS”, “we”, “our”, and “us” means Beauty Wall Spot, an Indian Enterprise with registered address at D. No. 1-24-1985/2, Sindhoora, Urva Marigudi Cross Road, Urva, Mangalore 575006 and its Affiliates.
      8. Taxes” means all applicable taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities.
      9. Third Party Services” means third party software, applications, products, social media, services that we make available through the Platform and/or Services.
      10. Trademark” means the trademarks, service marks, trade names and logos used and displayed on the Platform.
      11. Member, you” means each visitor or user of the Platform and/or Services.
      12. "Content” means any data, graphics, photos and links that is uploaded on your  Account.
      13. Product” means any product, content or services sold through one's  Account.
      14. Art Work” shall mean any artistic work including hand crafted collectibles, hand crafted jewellery, charcoal work, oil paintings, photography, printmaking, sculptures and water colour paintings, acrylic paintings that is displayed, marketed and/or sold through the Website, whether by Beauty Wall Spot or by Sellers.
      15. Authenticity Certificate” means a valid authenticity certificate issued by a Seller, physically signed by the Seller or an authorised signatory of the Seller, containing a detailed description and a picture of the concerned Art Work and a seal of the Seller, if so required.
      16. Buyers” shall mean Users who or which use Services to purchase Art Work through the Website.
      17. Listed Price” with respect to an Art Work means the sale price displayed against such Art Work on the Website.
      18. Person” shall mean any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a person under applicable law.
      19. Privacy Policy” shall mean the privacy policy of Beauty Wall Spot with respect to treatment of Users’ information as provided here.
      20. Sellers” shall mean Users who or which use the Services in order to display, market and sell the Art Work through the Website but excludes Beauty Wall Spot.
      21. Services” shall mean services provided by Beauty Wall Spot, including provision of Website to Users and display, marketing and/or sale of an Art Work by Beauty Wall Spot through the Website or through other means and other services provided through the Website to promote art and Art Work.
      22. Terms” shall means these terms and conditions of use and service which form a part of the Agreement governing Users’ relationship with Beauty Wall Spot and the buyers.
      23. Users” shall mean any Person who or which uses the Services, including Buyers, Sellers and Persons who or which access the Website or any content displayed thereof.
      24. Website” shall mean the online platform https://www.beautywallspot.com/ as provided by Beauty Wall Spot to provide Services, including facilitating display, marketing and sale of Art Work and promotion of art, from time to time.
    2. Interpretation:
      1. Whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”.
      2. Unless expressly indicated otherwise, all references to a number of days mean calendar days and the words “months” or “monthly” as well as all references to a number of months means calendar months.
      3. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms of Service.
      4. In the event of a conflict or inconsistency between any two or more provisions under these Terms of Service, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in Beauty Wall Spot’s favour and the provision which is more favourable to Beauty Wall Spot shall prevail.
  2. PROHIBITED PRODUCT LIST:
    1. Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services.
    2. Body parts which include organs or other body parts.
    3. Bulk marketing tools including email lists, software or other products enabling unsolicited email messages (spam).
    4. Cable descramblers and black boxes including devices intended to obtain cable and satellite signals for free.
    5. Child pornography which includes pornographic materials involving minors.
    6. Copyright unlocking devices including Mod chips or other devices designed to circumvent copyright protection.
    7. Copyrighted media including unauthorised copies of books, music, movies, and other licensed materials.
    8. Copyrighted software which includes unauthorised copies of software, video games and other licensed or protected materials, including OEM or bundled software.
    9. Counterfeit and unauthorised goods which include replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association, fake autographs, counterfeit stamps and other potentially unauthorised goods.
    10. Drugs and drug paraphernalia which include illegal drugs and drug accessories, herbal drugs like salvia and magic mushrooms.
    11. Drug test circumvention aids which includes drug cleansing shakes, urine test additives and related items.
    12. Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction.
    13. Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content.
    14. Government IDs or documents which includes fake IDs, passports, diplomas, and noble titles.
    15. Hacking and cracking materials which include manuals, how-to guides, information, or equipment enabling illegal access to software, servers, watomites, or other protected property.
    16. Illegal goods which includes materials or products promoting illegal goods or enabling illegal acts.
    17. Miracle cures which include unsubstantiated cures, remedies or other items marketed as quick health fixes.
    18. Offensive goods which includes literature, products or other materials that: a) defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors b) encourage or incite violent acts; and/or c) promote intolerance or hatred.
    19. Offensive goods, crime which includes crime scene photos or items, such as personal belongings associated with criminals.
    20. Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a licensed medical practitioner.
    21. Pyrotechnic devices and hazardous materials which includes fireworks and related goods; toxic, flammable, and radioactive materials and substances.
    22. Regulated goods which includes air bags; batteries containing mercury; Freon or similar substances/refrigerants, chemical/industrial solvents, government uniforms, car titles or logos, license plates, police badges and law enforcement equipment, lock-picking devices, pesticides; postage meters, recalled items, slot machines, surveillance equipment; goods regulated by government or other agency specifications.
    23. Tobacco and cigarettes including cigarettes, cigars, chewing tobacco, e-cigarettes and related products.
    24. Wholesale currency including discounted currencies or currency exchanges.
    25. Live animals or hides/skins/teeth, nails and other parts etc. of animals.
    26. Matrix sites or sites using a matrix scheme approach.
    27. Drop-shipped merchandise.
    28. Any other products or service which is not in compliance with applicable laws and regulations in which your business is located.Any reference to the singular includes a reference to the plural and vice versa, unless explicitly stated otherwise.
      1. Any reference to one gender includes a reference to the other gender(s), unless explicitly provided for.
      2. Headings and captions are used for convenience only and not for interpretation of the Agreement.
      3. Any reference to a natural person shall, include his/her heirs, executors and permitted assignees and any reference to a juristic person shall, include its affiliates, successors and permitted assignees, unless repugnant to the context.
  3. Who can have a Beauty Wall Spot (BWS) Account?
    1. Those who are at least 12 years of age or older or at least the age of majority in the jurisdiction where they reside or from which they use the Services.
    2. They are natural persons, and are of the legal age, and have eligibility and mental capability to form a binding contract.
    3. In order to access and use our Services, one must sign up and open an Account by providing their valid address including e-mail address and any other information indicated as required.
    4. Subject to Clause 2.8 below,  the person signing up and opening an Account will be considered the Account owner and contracting party for the purposes of our Terms of Service and will be the person authorised to use the Account in connection with the Services.
    5. If one is opening an Account on behalf of his employer, the employer will be the Account owner and the one opening Account represents and warrants that he has the authority to act on behalf of the employer and bind the employer to the BWS Terms.
    6. Beauty Wall Spot does not want  anyone to access the Services if he does not understand, approve of or accept each and every term specified in this Agreement. Hence, all are requested to read these Terms and Privacy Policy carefully and understand the Agreement before approving, accepting and agreeing to be bound by it.
    7. Password security is the account holder's responsibility. Beauty Wall Spot must be notified immediately if anyone gets to know that or has reasons for suspecting that the confidentiality of the password has been compromised or if there has been any unauthorised use of the Account.
    8. In the event of a dispute regarding Account ownership, we may temporarily disable an Account until a resolution has been determined between the disputing parties. We reserve the right to determine and/or grant ownership of an Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. We reserve the right to request for any documentation to determine or confirm Account ownership. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so, without liability to the account holder or to any other party.
    9. The Agreement shall govern the relationship of each and every User with Beauty Wall Spot. Beauty Wall Spot may also execute separate written agreements with its Users. In case of conflict between terms of such separate written agreement and this Agreement, the terms of the separate written agreement shall prevail.
  4. Privacy:
    1. As a part of using the Services (and Third Party Services available on the Platform), BWS and Third Party Services may need the collection, access and use of personally identifiable information pertaining to the account holder. It should be noted that all acknowledge and agree that our Privacy Policy and each such Third Party Services’ privacy policy govern such activities.
  5. General provision of Services and/or access to Platform:
    1. The account holder undertakes and agrees to:
      1. Comply with all guidelines, notices, operating rules and instructions pertaining to the use of the Services and/or access to the Platform, as may be amended by us from time to time;
      2. Be solely and fully responsible for all activities that occur under the Account whether or not authorised by you;
      3. Comply with all applicable laws including any specific laws applicable to the account holder;
      4. Regularly save and back up any of the user content and information of one's account.
    2. The account holder agrees and undertakes not to:
      1. Use the Platform or Services for illegal or unauthorised purposes;
      2. Post, promote or sell through the Platform or Services any Prohibited Products;
      3. Post, transmit or display any User Content in a context which may be deemed as defamatory, libellous, obscene, harassing, threatening, abusive, racist, offensive, deceptive or fraudulent, encouraging unlawful conduct, or which otherwise violates the rights of Beauty Wall Spot or any third party (including any intellectual property rights privacy rights, contractual rights);
      4. All account holders agree not to copy, duplicate, reverse engineer, sell, resell or exploit any portion of the Services or copy any material or any other content on the Platform which is or may be subject to intellectual property rights without the express written permission of Beauty Wall Spot;
      5. Purchase search engine or other pay per click keywords (such as Google AdWords) or domain names that use Beauty Wall Spot or Beauty Wall Spot’s Trademark and/or variations and misspellings thereof;
      6. Impersonate any person or entity or provide false information on the Platform 
      7. Falsely state or otherwise misrepresent one's affiliation with any person or entity, or falsely, expressly or imply that Beauty Wall Spot or any third party endorses him, or his Products;
      8. Use or upload any software or material that contains, or which you have a reason to suspect that contains, viruses, damaging components, malicious code of harmful components which may impair or corrupt the Platform’s data or damage or interfere with the operation of the Platform and/or Services;
      9. Act in a manner that may be perceived as damaging to our reputation and goodwill or which brings Beauty Wall Spot into disrepute or harm;
      10. Abuse in verbal or written form (including threats of abuse or retribution) any of our customers, employees, our officers or members.
    3. We reserve the right to:
      1. Monitor, screen and remove any User Content on the Platform. We may in our sole discretion, investigate any violation of the Terms of Service and may take action we deem appropriate;
      2. Restrict access to, suspend or close one's Account for any reason whatsoever at any time;
      3. Report any activity we suspect to be in violation of any applicable law to the appropriate authorities and cooperate with such authorities;
      4. Request any information from anyone in connection with the use of the Services and/or access to the Platform at any time;
      5. Provide our Services to competitors and make no promise of exclusivity in any particular market segment. The account holder further acknowledges and agrees that our employees and contractors may also be our merchants and that they may compete with him, although they may not use his confidential information in doing so.
  6. Uploaded content:
    1. It is the responsibility of the account holder for ensuring that the Content he has uploaded is (and will continue to be) true, current, non-infringing upon any third party rights, and in no way unlawful for one to possess, post, display or sell in the country in which he resides, or for Beauty Wall Spot to use or possess in connection with the Services. By uploading the  Content, one agrees to 
      1. allow other internet users to view his Content;
      2. allow Beauty Wall Spot to display and store his Content;
      3. Beauty Wall Spot can at any time, review and/or edit the Content at any time and for any reason, without notice.
  7. Users agree to the following roles and obligations in order to avail Services:
    1. Display, Marketing and/or Sale of Art Work: Users may display, market and/or sell any Art Work to other Users through the Website. For such display, marketing or sale of Art Work, in addition to other applicable terms of the Agreement, Users specifically agree to the roles and obligations of the Sellers set out under Section 7 of these Terms. Users agree to remove the Art Work from the Website if such Art Work has been sold by other means as permitted under these Terms.
    2. Purchase of Art Work: Users may purchase any Art Work from Sellers through the Website. For such purchase of Art Work, in addition to other applicable terms of the Agreement, Users specifically agree to the roles and obligations of the Buyers set out under Section 7 of these Terms. Any sale of Art Work through the Website will constitute a contract of sale between the Buyer of such Art Work and the Seller of such Art Work and all Art Work shall be delivered by such Seller to such Buyer directly or through Beauty Wall Spot’s partner service provider.
    3. Content in relation to Art Work: Users may create and/or display Content (including articles, descriptions of Art Work, images, comments and replies in discussion forums) on the Website and make such Content accessible to other Users. By displaying any Content on the Website, unless agreed to and provided for to the contrary, Users waive off any intellectual property rights associated with such Content and agree to use of such Content by other Users in any form and manner.
    4. Content Responsibility: Users acknowledge and understand that Beauty Wall Spot shall not review, and cannot review, all of the Content displayed on the Website, and cannot therefore be responsible for such Content (unless such Content has been created by Beauty Wall Spot itself). Each User is entirely responsible for any Content displayed or accessed by such User through the Website, and any harm resulting from display or use of such Content.
    5. Removal of Content: Users understand and acknowledge that if a User deletes or removes any Content from display, Beauty Wall Spot will use reasonable efforts to facilitate removal of such Content from the Website, but cache, cookies, back up files and/or references to such deleted Content may not be immediately removed and/or disposed off.
    6. Commercial Use: Unless agreed to the contrary in writing, Services provided by Beauty Wall Spot are for non-commercial and personal use of the Users only. Users are not allowed to copy, reproduce, alter, modify, create derivative works of, or publicly display any Services or any part thereof without a prior written consent of Beauty Wall Spot.
    7. Art Advisory: Beauty Wall Spot may, within Services, provide a platform where Users can avail art advisory and consultancy Services from other experts. This part of Services may be provided as a Registrable Service and may be provided by Beauty Wall Spot on a paid or unpaid basis. Users understand and acknowledge that Beauty Wall Spot is only providing a platform for Users to interact with such art experts and has no responsibility with respect to relevancy, adequacy or standard of art advice rendered by art experts through such platform.
    8. Art Gift Vouchers: Any Art gift voucher purchased by Users with respect to Services will be valid for a period of 1 (one) year or the validity period mentioned on the gift voucher from the date of purchase of such gift voucher and such validity shall not be extended beyond the declared validity date unless Beauty Wall Spot decides to extend the validity from the date of purchase, under any circumstances.
    9. Overseas Sale: Pricing and payments with respect to any overseas sale made through the Services will automatically be calculated on the basis of exchange rate, logistics and special packing costs as applicable from time to time.
    10. E-Platform for Communication: The Website is an online platform that enables Buyers to purchase products listed on the Beauty Wall Spot's Website at the price indicated therein at any time from any location. Beauty Wall Spot is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the Website. Accordingly, the contract of sale of products on the Website shall be a strictly bipartite contract between Buyers and Sellers on the Website. Buyers agree to the following roles and obligations in order to avail the Services:
      1. Purchase of Art Work: Buyers may purchase Art Work from Sellers through the Website at the Listed Price in such form and manner as provided herein. Buyers acknowledge that such purchase of Art Work is being made directly from the Seller through the Website and Beauty Wall Spot is only providing a platform for the Buyers and Sellers to interact online with respect to such sale through the Website.
      2. Pricing: All Art Work made available for sale on the Website will be sold at the Listed Price only unless contrary has been specifically mentioned with respect to a particular Art Work. The Listed Price includes taxes, but packing, shipping and handling costs are extra, unless it is declared in contrast. Transactional costs may be additional. Beauty Wall Spot is not liable for any additional charges that may be levied on the Art Work at the destination of delivery, whether in India or overseas, over and above the taxes collected and paid by Beauty Wall Spot at the time of sale. Nothing in this Sub-section prohibits Beauty Wall Spot from changing its pricing policy anytime with a prior intimation to the Buyers.
      3. Registration: Buyers will need to register with Beauty Wall Spot through the Website by providing such information as may be requested by Beauty Wall Spot from the Buyer. The information provided by the Buyer while registering or at the time of finalising a purchase (as the case may be) shall be the final billing address and shipping address for delivery of the Art Works.
      4. Adequacy of Information: The Buyer represents and warrants that all the information furnished by such Buyer at the time of registration will be true, complete, correct and updated and any change in such information will be updated by the Buyer and intimated to Beauty Wall Spot immediately. Beauty Wall Spot is entitled to act on the basis of the information provided by the Buyer and seek such further information, clarifications or verifications as it may deem necessary for granting registration. Such registration may be suspended or cancelled if Beauty Wall Spot is of the view that any of such information may be fake, incomplete, false, redundant or inaccurate. A suspended registration may be restored immediately upon Buyer furnishing the requisite information to the satisfaction of Beauty Wall Spot.
      5. Confirmations and Invoicing: All order confirmations and invoices will be raised by Beauty Wall Spot based on the registration information provided by the Buyer and available with Beauty Wall Spot at the time of making a purchase and accordingly payments will be accepted by Beauty Wall Spot only from the Buyer so registered.
      6. Payments: Once Buyer has placed an order on the Website for delivery of an Art Work, Buyer is required to make advance payment of Listed Price of the Art Work in such form and manner as permissible by the Website. Beauty Wall Spot may use third party platforms in order to facilitate such payment by the Buyers and will not be responsible for any loss or damage caused to the Buyer by any such third parties.
      7. Acceptance of Delivery: Buyers acknowledge that placing an order for purchase through Beauty Wall Spot constitutes an irrevocable obligation of the Buyer to accept delivery once such order has been delivered, unless rescinded/cancelled by Beauty Wall Spot within a reasonable time on account of a default by the Seller or any prior or continuing breach by the Buyer. Buyers may not accept delivery of an Art Work if it has been damaged or is not accompanied by an Authenticity Certificate from the Seller.
      8. Limitation of Liability: Buyer acknowledges that Seller (and not Beauty Wall Spot) will be responsible for adequacy and accuracy of information displayed with respect to Art Work, the entire process of sale of Art Work including pricing the Art Work, delivery, return, packaging and insurance with respect to such Art Work and authenticity of the Art Work. Beauty Wall Spot’s limited responsibility in terms of provision of Services is dependent on the information provided by the Buyer. In case of any inaccuracies in any information provided by a Buyer, Beauty Wall Spot shall not be responsible for any consequences thereof. Beauty Wall Spot is not obligated to provide any physical preview of the Art Work either before or after the sale.
      9. Damaged Art Work: On delivery, if Buyer receives the Art Work in a damaged condition or if the Art Work is not as per the specifications provided on the Website with respect to such Art Work then the Buyer should not accept the parcel and notify Beauty Wall Spot immediately. Buyers are expected to understand that since each Art Work is individually created there may be slight variations in shade and colour of Art Work. No complaints in this regard will be entertained by Beauty Wall Spot. In case an Art Work is returned, Beauty Wall Spot will refund the payment or issue a credit note to the concerned Buyer and cancel the order. However, NO GOODS WILL BE RETURNED ONLY BECAUSE THE BUYER DID NOT LIKE THE ART WORK HE HAS PURCHASED.
      10. Authenticity: Buyers may note that all Art Work posted for sale by Sellers on the Website is supported by an Authenticity Certificate from the Seller and Beauty Wall Spot does not issue any Authenticity Certificate or guarantee. Sellers are bound to deliver such Authenticity Certificate to the Buyer along with the delivery of the concerned Art Work.
      11. Resale of Art Work: Buyers may use the Services to resell an Art Work purchased through the Services. With respect to such a resale transaction, the Buyer will act as a Seller and will be bound by the roles and obligations of the Seller contained in these Terms.
      12. Custom / Octroi & Import Duties: The Custom Duty / Octroi/ Local Taxes / Import Duties are borne directly by the buyer, to be paid at the time of delivery to our courier partner or as advised by our courier partner. Beauty Wall Spot does not include these extra charges on our price (as displayed on the bws-e-shop). These taxes will be chargeable over & above the product/order price you pay on the bws-e-shop.
  8. Sellers agree to the following roles and obligations in order to avail the Services:
    1. Listing Art Work on Website: Subject to Beauty Wall Spot’s rights contained in this Agreement, Sellers will have a right to list Art Work on the Website for display, marketing and/or sale. However, Sellers will not display, market and/or sell any Art Work through the Website if such Art Work 
      1. Is defamatory, obscene, pornographic, vulgar, offensive or against the public policy of India; 
      2. Promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
      3. Is violent or threatening or promotes violence or actions that are threatening to any Person;
      4. Harms minors in any way; or
      5. Promotes illegal or harmful activities or substances.
    2. Beauty Wall Spot does not guarantee any sale of art works; it only facilitates sale.
    3. Maintain Online Presence: Sellers will register, maintain an online presence and have an independent profile page on the Website in a form and manner acceptable by Beauty Wall Spot. By virtue of registering on the Website, Sellers will have access to Content Management System (“CMS”) to manage its online profile and Art Works, and to keep track of any orders received. Beauty Wall Spot shall facilitate provision of CMS to a Seller upon such Seller registering itself on the Website. Beauty Wall Spot may also maintain, upgrade and enhance such CMS from time to time, as it may deem fit. (CMS is not available now and the availability will be notified.)
    4. Pricing the Art Work: Subject to Section 7.1(a)(iii), the Seller will choose the amount of Listed Price. The Seller may edit and/or update the Listed Price from time to time provided such updated price is at par with the fair market value of the Art Work. Listed Price shall not be revised for an Art Work if order for sale of such Art Work has been received on the Website.
    5. Display Information on Website: Each Seller will display, with regard to each Art Work a descriptive information including name, size, details of Art Work and availability status of Art Work, as and when requested for by Beauty Wall Spot through its Website or otherwise. Once order for sale of an Art Work has been received, then any information provided by a Seller with regard to such Art Work on the Website cannot be altered. However, a Seller may alter the information with regard to an Art Work if no order for sale of such Art Work has been received.
    6. Adequacy and Accuracy of Information: Each Seller shall ensure that all the information and data requested for by Beauty Wall Spot from such Seller is promptly provided within the requested timelines and is accurate, adequate and updated. Sellers shall verify the details of each Art Work proposed to be displayed, marketed and/or sold through the Website and will inform Beauty Wall Spot in writing if any discrepancy is found in or change is required to be made to such details within 24 (twenty four) hours of such discrepancy being brought to the Seller’s knowledge.
    7. Sale of Art Work: Sellers are responsible for completing the sale orders received through the Website and dispatching the concerned Art Work within promised timelines. Sellers will not dispatch any Art Work if Beauty Wall Spot has cancelled such order for any reason within a reasonable time of the order being placed.
    8. Delivery, Packaging and Insurance Costs: Sellers will be responsible for and pay the costs for use of adequate material for proper packaging and timely delivery of Art Work and insurance costs with respect to Art Work required to be delivered to a Buyer. Such costs shall not be paid and/or reimbursed by Beauty Wall Spot (either to the Buyer or to the Seller) for any reason and may be taken into account by the Seller while deciding the Listed Price. It will be the Seller’s responsibility to ensure that all Art Work ordered through the Website is securely packaged, neatly labelled and adequately insured for safe and timely delivery to the concerned Buyer.
    9. Delay in Delivery: Should a Seller become aware of any reason which may cause a delay in delivery of an Art Work, seller will notify Beauty Wall Spot immediately of such reason and expected delay time. On being so notified, Beauty Wall Spot may attempt to contact the concerned Buyer and/or offer a refund with regard to such sale of the Art Work and/or cancel the order with respect to such Art Work, if so requested by the Buyer. The Seller, and not Beauty Wall Spot, is responsible for any orders that may be delivered to an incorrect address or for loss or damage of any Art Work in transit while being delivered.
    10. Exclusivity: Sellers may market or sell their Art Work through any other channels (not engaged in a business similar to business of Beauty Wall Spot) provided that this shall not affect timely delivery of an Art Work once order for sale of such Art Work has been received through the Website. In case an Art Work is sold through another channel (not engaged in a business similar to business of  Beauty Wall Spot) the Seller shall immediately remove such Art Work from sale on the Website and within not later than 30 (thirty) minutes from the time of sale through another channel. 
    11. For avoidance of any doubt, it is hereby clarified that Seller will not sell any Art Work displayed, marketed and/or listed for sale on the Website through any third party online marketplace or e-commerce platform. Sellers may sell other art works (not displayed, marketed or listed for sale on the Website) through third party online marketplaces and e-commerce platforms. Subject to this Section 7.3(i), if a Seller is selling its Art Work displayed, marketed and/or listed for sale on the Website through other channels, Seller shall maintain parity in pricing of such Art Work on the Website, without any mala-fide intention.
    12. Non-compete and Non-solicit: Sellers will never, directly or indirectly, (i) solicit or attempt to solicit, induce or recruit, engage or in any other way encourage employees or consultants of Beauty Wall Spot, its subsidiaries, divisions, or affiliates to terminate their respective contracts with Beauty Wall Spot and/or engage with itself and/or any third party; or(ii) engage in any activity which is same or similar to the business of Beauty Wall Spot.
    13. Authenticity of Art Work: Sellers will ensure that all Art Work proposed to be displayed, marketed and/or sold through the Website, is authentic and is accompanied by a valid Authenticity Certificate. No Art Work proposed to be displayed, marketed and/or sold through the Website should be fake or infringing, misappropriating or violating any third party’s patent, copyright, trademark, moral rights or other intellectual property rights or rights of publicity or privacy, or results in violation of any applicable law.
    14. Damaged Art Work and Return: Sellers will be responsible and liable for retrieval of any Art Work that is delivered in a damaged condition and/or that is not as described on the Website. Seller shall bear all the costs of and/or arising from such damaged and/or improper Art Work and retrieval thereof from the concerned Buyer.
    15. Payments: Seller will be entitled to pay to Beauty Wall Spot an amount equal to certain percentage(such percentage to be agreed by Beauty Wall Spot and Seller in a separate written agreement on a case by case basis)of Listed Price against each Art Work sold through the Website (“Commission”) plus such service tax per transaction as may be applicable (“Service Tax”).On completion of a transaction, such amount shall become due and payable to the Seller by Beauty Wall Spot  as calculated by deducting applicable Commission plus Service Tax from the Listed Price. Listed Price will be paid by the Buyer to Beauty Wall Spot  on placing the order for delivery of an Art Work through the Website.
    16. Limitation of Liability: In the event a third party raises any allegation in relation to copyright, sale right and/or authenticity of an Art Work listed by a Seller on the Website, Beauty Wall Spot will have no liability in this regard, and if a third party chooses to take any action against Beauty Wall Spot, then Seller will indemnify and hold harmless Beauty Wall Spot against any such action in addition to damages for financial and reputation  loss suffered by Beauty Wall Spot.
    17. Seller-Memberships: To list and sell Artwork online on Beauty Wall Spot, a user must activate sellers features on Beauty Wall Spot. One can activate Seller/Artist a/c by creating an a/c on BWS Seller platform. This Seller a/c or Artist a/c comes with 4 types of Membership options. They are, (i). Artist Free a/c; (ii). Artist Pro a/c; (iii). Artist Kit a/c; (iv). Artist Subscription a/c; 
      1. Artist Free A/c: Sellers can create a free artist a/c on Beauty Wall Spot. This a/c offers 2 (two) Artwork Slots, each Slot can be filled with 1 (one) painting at a time.  This a/c comes with Auto Upgrade feature. When a Painting/Artwork is sold, the free a/c gets upgraded to either Artist Pro a/c or Artist Kit a/c or Artist Subscription a/c and respective charges will be deducted from the Artist Payout. Of course Seller can choose which membership to upgrade to while creating the free a/c.
      2. Artist Pro A/c: This a/c offers 5 (five) Artwork Slots, each slot can be filled with one painting at a time. Sellers/Artists can sell unlimited paintings for a period of one year with one painting in one slot at a time. This a/c does not come with Auto Upgrade feature as this a/c is an upgraded a/c.
      3. Artist Kit A/c: This a/c offers 15 (fifteen) Artwork Slots, each slot can be filled with one Artwork at a time and as soon as one painting is sold he/she can fill that slot with another artwork. This a/c does not come with Auto Upgrade feature as this a/c is an upgraded a/c.
      4. Artist Subscription A/c: This a/c offers 10 (ten) Artwork Slots, each slot can be filled with one Artwork at a time and as soon as one painting is sold he/she can fill that slot with another artwork. This a/c does not come with Auto Upgrade feature as this a/c is an upgraded a/c. This membership also offers 8% p.a. on the membership amount as interest on membership. And Seller/Artist can convert this membership to shares in the event of the M/s Beauty Wall Spot is converted to a Private Limited Company.
    18. Slots: Slot is like a basket or a shelf to store painting. But here, it is an online basket or shelf in which only one Artwork can be stored or displayed at a time.
    19. Auto Upgrade: It is an option where free a/c holders will be automatically upgraded to a pro a/c when the user on free a/c sells his first product. When an a/c is upgraded, the charges of pro a/c is levied on the Artist payout.
    20. Artist Payout: Artist Payout is the amount to be payable to Artist when Artist successfully completes the sale order. This amount is payable after deducting the Payment Gateway Charges, listing cost and BWS Commission from selling price. And it will be released on weekly basis in multiples of INR 100/- (Hundred Rupees).
  9. Beauty Wall Spot shall play the following role and have the following rights with respect to provision of Services:
    1. Accept or Decline Art Work: Beauty Wall Spot may accept or decline display, marketing and/or sale of any Art Work proposed to be displayed on the Website, at its sole and absolute discretion. Beauty Wall Spot may decline the display, marketing and/or sale of Art Work, inter alia, if: 
      1. the image of the Art Work uploaded by the Seller does not meet the standards set by Beauty Wall Spot;
      2. the Art Work is not accompanied by complete and/or clear details, including an Authenticity Certificate, back image, history, price, category, shipping condition, size or medium of Art Work or any other details requested by Beauty Wall Spot;
      3. the Listed Price (as defined hereinafter) quoted by Seller, in the opinion of Beauty Wall Spot, is not fair or is not in line with current pricing trends in the market; ( one may refer the price calculator provided on the website with example)
      4. the Art Work is not as per these Terms or is not suitable for display, marketing and/or sale in the opinion of Beauty Wall Spot; or 
      5. the Authenticity Certificate with regard to a particular Art Work is not acceptable to Beauty Wall Spot due to any reason.
    2. Promotion of Art and Art Work: Beauty Wall Spot may feature any Users or any Art Work in any curation, assortment, marketing story or other social media content on the Website and make press releases to give due credit to requisite Users. Beauty Wall Spot may also engage with specific Users in joint online activities, like brand creation, brand promotion, online exhibitions, sale and discounts.
    3. Non-Exclusivity: Beauty Wall Spot has a right to engage with multiple Users at the same time for provision of Services or some part of Services or for engagement in same or similar activity.
    4. Prohibit Access: Beauty Wall Spot reserves the right to, at its sole and absolute discretion, deactivate any User’s account on the Website and block any User’s access to CMS upon a material violation of this Agreement by such User.  Beauty Wall Spot also reserves the right to block or suspend the use of Website, Content, or Services at any time for any reason. Beauty Wall Spot shall use best efforts to give a reasonable notification of such prohibition to the concerned User.
    5. Seller Marks: Sellers grant to Beauty Wall Spot a non-exclusive, royalty-free, limited license to use, display and reproduce the trademarks, service marks, logos and/or any other such marks of the Seller (“Seller Marks”). Seller Marks shall be used by Beauty Wall Spot solely in connection with provision of Services and promotion of art and Art Work and in such other form and manner as may be reasonably acceptable to the concerned User. Beauty Wall Spot acknowledges that the concerned Seller and not Beauty Wall Spot is the sole and exclusive owner of Seller Marks.
    6. Content License: Users hereby grant to Beauty Wall Spot and Beauty Wall Spot hereby accepts a worldwide, non-exclusive, royalty-free, sub licensable, limited license to use any Content uploaded by the User on Website for using the Services or otherwise. For avoidance of any doubt, ownership of all Content uploaded by the User on the Website shall rest with such User and Beauty Wall Spot shall use such Content only for limited purposes as agreed herein.
    7. Information regarding Orders: Beauty Wall Spot will inform the Sellers of any orders received for the sale of an Art Work displayed by such Seller through the Website. Beauty Wall Spot shall also inform the Seller in case such order has been cancelled or modified and should not be dispatched by the Seller due to any other reason. It is the Seller’s duty to be active in all sorts of communication with Beauty Wall Spot and respond to all the e-mails and/or messages received from Beauty Wall Spot within 1 (one) working day of receipt of such e-mails and/or messages.
    8. Marketing and Promotion: Beauty Wall Spot shall use its best efforts to: (i) drive traffic, customers and Buyers to Seller’s profile and other online pages and Art Work on the Website and promote the Seller on the Website, social media pages of Beauty Wall Spot and/or to its registered Users; (ii) extend reasonable discounts and offers to Users on a particular Art Work and/or Seller from time to time, as it may deem fit; (iii) undertake public relation activities, jointly with a Seller, from time to time, wherein the Seller or a spokesperson of the Seller may be invited by Beauty Wall Spot to give a quote or speak to the media about experience with Beauty Wall Spot; (iv) promote the Sellers on the Website through curations, assortments, exhibitions, discounted sale or offering other discounts on the Website.
  10. Intellectual Property:
    1. Your Intellectual Property. You shall own all intellectual property pertaining to your  Content including to any designs, images, fonts, logos, illustrations, photographs, compositions, artworks, interfaces, text, literary. You grant us a worldwide right to use your Trademark on our Platform and/or Services for the purpose of providing our Services to you and identifying and referring to your business and your products and services for marketing or promotional activities.
    2. Our Intellectual Property. All rights, title and interest in and to the Services, including any copyrightable materials, are owned by or licensed to Beauty Wall Spot. Subject to your compliance with the BWS Terms and timely payment of all applicable Fees, we hereby grant you, upon creating your Account and as long as we provide with our Services, a non-exclusive, non-transferable, non-sub-licensable, fully revocable, limited licence to use the Services for the purpose of displaying your  Account and offering your products and services the buyers, solely as expressly permitted under the Term of Service and solely within the Services.
    3. Trademarks. The Trademarks are registered and unregistered trademarks of ours or Third Party Services. Nothing on the Platform or in these Terms of Service shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademarks displayed on the Platform, without our written consent or any other applicable trademark owner.
  11. Fees and Payment:
    1. Fees payable in advance: The use of certain Services will be subject to payment of Fees. Beauty Wall Spot will provide notice of such Fees then in effect on the Platform. If you wish to receive or use such Services, you are required to pay all applicable Fees in advance.
    2. Currency: Unless otherwise indicated, all Fees are in Indian Rupees and all payments must be in Indian Rupees.
    3. Subscription Renewals: In order to ensure that you do not experience any interruption or loss of Services, your subscription will be automatically renewed on a recurring fees basis (except where explicitly stated otherwise by Beauty Wall Spot in writing). Accordingly, where applicable, Beauty Wall Spot will attempt to automatically renew the Services for a renewal period equal in time to the original subscription period for such Services, and automatically charge you the applicable Fees  on the subscription renewal date. For example, if the original subscription plan you have for the Services is one year, each of its renewal period will be for one year. We will notify you by email at least seven (7) days prior to the expiry of the then current subscription period to remind you of the upcoming renewal. Therefore, unless you cancel your Account within seven (7) days prior to the subscription renewal date, we will automatically renew such Service when it comes up for renewal and charge you the applicable recurring Fees. In the event of failure to collect the Fees owed by you, we may in sole discretion  retry to collect on a later time, and/or suspend or cancel your Account, without further notice.
    4. Invoices: Beauty Wall Spot and its affiliated companies will issue an invoice to you for the payment of Fees (“Invoice”). Each Invoice will be issued in electronic form and be made available to you by email within seven (7) days after the subscription renewal date.
    5. Taxes: The Fees are exclusive of Taxes and you shall be responsible for payment of all applicable Taxes relating to your use of the Services or to any payments made by you.
    6. Refunds: We do not provide refunds, pro-rata or otherwise.
    7. Chargebacks: If, at any time, you contact your bank or credit/debit card company and chargeback or otherwise reject the charge of any payable Fees (“Chargeback”), this act will be considered a breach of your payment obligations under the Terms of Service and your use of the Services may be automatically terminated by us. In the event that a Chargeback occurs, your Account may be blocked without the option to re-use it and any  Content and buyer data and Third Party Services may be subject to cancellation. Your use of the Services will not resume until you have paid all applicable Fees in full, including any fees and expenses incurred by us and/or Third Party Services for each Chargeback received. We reserve the right to dispute any Chargeback received, including by providing the relevant card company with any information and documentation proving that you did in fact authorise the transaction and make use of the Services.
  12. Third Party Services:
    1. We may from time to time enable the account holder to engage with, provide him with access to Third Party Services for his use.
    2. Purchase, access or use of any such Third Party Services is solely between the account holder and the applicable Third Party Services provider. Any use by him of the Third Party Services offered through the Platform or Services is entirely at his own risk and discretion and will be subject to the terms applicable to such Third Party Services, which he agrees to be bound by.
    3. Any accounts one opens with the Third Party Service providers must be maintained by him and it is his responsibility to close them if he no longer use such Third Party Services.
    4. If any disputes arise in respect of Third Party Services, such disputes must be resolved with the applicable Third Party Services provider.
    5. If one enable Third Party Services for use with the Services, he grants us permission to allow the applicable Third Party Service provider to access his data and to take any other actions as required in order to provide Third Party Services . Any exchange of data or interaction between him and the Third Party Services provider is solely between him and such Third Party Services provider. Beauty Wall Spot is not responsible or liable for any disclosure, modification or deletion of one's  data or  Content, or for any corresponding losses or damages he may suffer as a result of access by a Third Party Services provider to his data or Content.
    6. Every account holder acknowledges that Beauty Wall Spot has no control over Third Party Services and is not responsible or liable to anyone for such Third Party Services. The availability of Third Party Services through our Platform and/or Services or the integration or enabling of the Third Party Services with the Services does not constitute or imply endorsement, authorisation, sponsorship or affiliation by or with Beauty Wall Spot. We recommend that one seek advice before using or rely on Third Party Services to ensure they will meet his needs.
  13. Changes to the Services and Fees:
    1. Fees for using the Services are subject to change upon thirty (30) days prior notice from Beauty Wall Spot. Such notice will be provided to you in accordance with the Notices provision (Clause 14).
    2. We reserve the right at any time to modify, suspend or discontinue the Services (or any features thereof) without notice to you. We shall not be liable to you or any third party for any modification, Fee change, suspension or discontinuance of the Services.
  14. Cancellation and Termination:
    1. Cancellation by account holder: Account holder may cancel his Account at any time by contacting BWS Support (see Clause 20 on how you can contact BWS Support) and then follow the instructions given to you by Beauty Wall Spot.
    2. Cancellation by Us: Failure to comply with any of the BWS Terms (including payment of due Fees and undertaking not sell any Prohibited Products) shall entitle Beauty Wall Spot to suspend or cancel any Account  as well as the provision of any related Services or Third Party Services.
    3. Termination of Services: Upon cancellation of an Account by either party for any reason:
      1. Beauty Wall Spot will cease providing Services to the cancelled account and the account holder will no longer be able to access  Account on the expiry of the  subscription period;
      2. He will not be entitled to any refunds of any Fees, pro rata or otherwise;
      3. Any automatically renewed subscriptions will be discontinued upon the expiration of the then-current subscription period for which one has already made payment.
      4. Any outstanding Fees as at the effective date of such termination will immediately become due and payable in full. The account holder will receive one final invoice via email in respect of the outstanding Fees. Once that invoice has been paid in full, no further charges will be collected again.
      5. Content, data or other usage data will be deleted from the Services seven (7) days after the expiry of the then current subscription plan;
      6. Any preferential rates one receive in respect of the Third Party Services will cease on the expiry of the then current subscription period.
  15. Notices:
    1. Notices from us: We may provide  with notices in any of the following methods: (a)  through Account or elsewhere; (b) by email, sent to the email address  provided to us; and (c) through any other means, including any phone number or physical address  provided to us. Beauty Wall Spot ’s notice will be deemed to have received and effective within twenty-four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.
    2. Notices to Beauty Wall Spot: One may only give notice to us in writing sent to our designated address or email address and we shall be deemed to have received such notice only upon receipt.
  16. Disclaimer of Warranties:
    1. No representations or warranties: The Platform and/or Services are provided on an “as is” and “as available” basis. All data and/or information contained in the Platform and/or the Services are provided for informational purposes only. No representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose are given in conjunction with the Platform and the Services. Without prejudice to the generality of the foregoing, we do not warrant:
      1. the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Platform or the Services;
      2. the Account or the Services will be provided uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected;
      3. that the  Services are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros; and
      4. the security of any information transmitted  through the Platform or the Services.
  17. Reporting of Copyright Infringement:
    1. If anybody believes that one of our members has copied or otherwise used their work in a way that constitutes copyright infringement, please contact BWS Support (see Clause 17 on how you can contact BWS Support).
    2. Upon receiving such a notice, we may remove or disable access to the allegedly infringing  Content. Once provided with a notice of takedown, you can reply with a counter notification to object to the complaint. The original complainant has fourteen (14) days after we receive a counter notification to seek a court order restraining the member from engaging in the infringing activities, otherwise we will restore the relevant  Content.
  18. Limitation of Liability:
    1. Beauty Wall Spot, its officers, directors, employees and agents shall not be liable to account holder or the buyer for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from 
      1. any access, use or inability to use the Platform or the Services;
      2. errors, mistakes or inaccuracies of or in any content  made available through the Platform and/or through the Services;
      3. any unauthorised access to or use of our servers and/or any personal information and/or other information stored herein;
      4. any interruption or cessation of transmission to or from the Services;
      5. use of the Third Party Services or use of or access to any other website linked to the Platform.
  19. Indemnity:
    1. Every member agree to defend, indemnify and hold harmless Beauty Wall Spot, our officers, directors, shareholders, employees, affiliates and agents, Beauty Wall Spot  partners from and against any and all claims, damages, obligations, losses, liabilities, costs (including attorney fees) arising from (a)  breach of any term of the Terms of Service or any other BWS Terms; (b)  breach of any third party right, including any copyright, property, or privacy right,  and  use of the Services or Platform; and (c) any other type of claim that  caused damage to a third party.
  20. General:
    1. Amendments: Every member acknowledge and agree that we may amend the BWS Terms at any time by posting the relevant amended and restated BWS Terms on the Platform and such amendments to the BWS Terms are effective as of the date of posting. The continued use of the Platform and/or Services after such date constitutes one's agreement to, and acceptance of, the amended BWS Terms. If one do not agree to any changes to the BWS Terms, he must stop accessing or using the Platform and the Services and terminate the BWS Terms.
    2. Governing Law: Use of the Platform and/or the Services and the Terms of Service will be governed by and construed in accordance with the laws of India and all submit to the exclusive jurisdiction of the Indian courts. The United National Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
    3. Entire Agreement: The BWS Terms constitute the entire agreement between the member and Beauty Wall Spot and govern the use of the Platform and/or Services, superseding any prior understandings, communications and agreements between the member and Beauty Wall Spot (including but not limited to, any prior versions of the BWS Terms.
    4. No waiver: No waiver of any breach or default of any of the Terms of Service shall be deemed to be a waiver of any preceding or subsequent breach or default.
    5. Severability: If any provision of the Terms of Service is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions of the Terms of Service.
    6. Sub-contracting and delegation: We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Platform and/or Services and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.
    7. Binding and conclusive: Every member acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by us or our service providers relating to or in connection with the Platform and/or Services will be binding and conclusive on all for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and others.
    8. Assignment: Nobody may  assign his rights under these Terms of Service without our prior written consent which Beauty Wall Spot may refuse in its sole discretion. Any attempt by anyone to assign his rights under the Terms of Service without Beauty Wall Spot’s prior explicit and written consent will be null and void. We may assign our rights under these Terms of Service to any third party.
    9. Force Majeure: We will not be liable to any member or any third party for any failure by us to perform our obligations under the Terms of Service in the event that such non-performance arises as a result of the occurrence of an event beyond our reasonable control, including an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder or other event of force majeure.
  21. BWS Support Contact:
    1. One can contact BWS Support using any of the options listed below 

mail@beautywallspot.com