1 - General information and definitions
Bizcell is a venture of GCore TechnologiesBizcell is a venture of Gcore Technologies and an inter mediation proprietary platform for Potential clients and companies, and intercedes therefore to implement effectively the resolution of developments. Developments are tendered as competitions on Bizcell (hereafter “projects or query”)
Bizcell also provides elearning courses to people who are interested to take online courses on mobile app development, internet security , web designing and web development by charging a nominal fee
The client enters a project on the Platform of Bizcell at www.bizcell.co (hereafter “Bizcell Solutions” or “us/we/Bizcell”; the Companies/Agencies/ firm / Vendor enters own proposals as offers to the client. Registered users are described as “members or users” (hereafter “members” or “you”); if you enter a project, you are described as a “client” or client user, if you enter a development or work proposal, you are described as a “Company / Vendor or firm or agencies”.
Governing Law and Venue :
The present contract/ Agreement governs the legal relationship between the Company / Vendor / Firm / Agency, Client, Website / App Visitors and Bizcell, S.L (hereinafter, BIZCELL) in regards to any services that may be subscribed to by said Company / Vendor, Client users, Website Visitors. This Agreement / Contract is executed at Balasore ( State - Odisha, Country - India ) . It shall be governed with the applicable laws of India. The Courts at Balasore ( State - Odisha, Country - India ) shall have exclusive jurisdiction in any proceedings arising out of this agreement.
2 - Platform operator / scope
IMPORTANT TERMS BELOW THAT YOU MUST AGREE BEFORE OPENING YOUR ACCOUNT or SIGNING IN HERE AT BIZCELL SOLUTIONSThe user must have attained an age of minimum 18 Yrs before using our platform. Bizcell has no role in payment execution or terms. Bizcell is just a referral website that only provides the users / clients a platform to connect with the right Company / Vendor / listed on our platform as per his unique requirement based on our own algorithm . When a Client user posts any requirement also called Query is assessed through multiple layers taking 1000+ data points into account ( in future we may add sponsorship program ) in automated process based on our own algorithm. If you are a user that creates a client account then we want to tell you that our algorithm for matching you with right company may not be 100% correct and we cannot assure you that you will be matched with the right Company / Vendor . We are giving you just references. It solely depends on you whom to choose . If you are not satisfied with our service then you must leave our platform as soon. Also note that your personal info not limited to like name, city , country , phone number ( but not email ) may be shared with the Company / Vendor you have submitted your requirement or query
NON DISCLOSURE AGREEMENTWe want to inform YOU ( client users ) in a very clear manner that we don’t Sign any NDA ( NON DISCLOSURE AGREEMENT ) with any company on behalf of any client user. also we dont sign any kind of NDA with any Client user too. Therefore if you ( you refers to client here ) feel that your ( client user ) project is confidential then post a query with only key terms only. E,g without elaborating anything that you feel confidential use only key words of the project without going for full sentences. Bizcell is very much able to match you ( client user ) with the right company even with the key words in most of the cases . We strongly suggest you ( client user ) to Submit the query to selected companies at Bizcell , after that contact with them through chat messages. Then contact with the company directly through the given phone number and then sign a proper NDA before providing full project / query details to them . When we directly refer some of the companies to you for any requirement posted by you then you acknowledge that we are not the final decision maker of your choice It solely depends on you which company you choose and you pay . We are just a referral site who uses its own algorithm to match you some of the best companies present in the market. We cannot guarantee that the company you chose will fully satisfy you through their works. Bizcell is not liable for any damages caused to you. We again want to remind you that Bizcell is just a referral website that helps you to connect you to the right company as per your requirement and we cannot assure that you will be connected to the right company every time.It solely depends on you which company you choose from a list of multiple numerous companies we refer you. If you feel there is no company best suited for your project / requirement then you must not submit your query at our platform or to any company through our platform.If you are creating a Company / Vendor account then you must agree with our terms that we are not answerable to you for why we are not listing your Company / Vendor for any query posted by any user.If you are not satisfied with our service then you must leave our platform as soon and close your account by sending a closing request to email@example.comAs a company you must acknowledge and agree to the fact that Since Bizcell is a just a reference website and charges a commission from 1 - 25 percent of the total project value depending on the type and size of the project. A company must contact with the client by your own arrangement and make the project ordered by the client a official project of your company. If you want to create a company account then you acknowledge that you must send us a email copy of every conversation with any user with whom you get connected through our platform.
If you want to create a company account then you acknowledge that you agree to our term, that you can never disclose to anyone the commission amount or service fee that we charge for any lead or business or services to your company without our written consent. It highly confidential in nature . If any disclose is done from your part or by your present or past team member ( includes any one with whom you have discussed ) then it will be considered as breach of trust by us and you will be responsible for any damages caused to Bizcell or its associated firmsAlso please note that if a client orders a project to your company it must be ordered through your company procedure in proper official manner . Neither Bizcell or the client user is liable for any damages to the company if the client orders a project by Bizcell platform but not ordered it according to your company official process then the client has the full rights to reject any ordered project to you at any time before payment process began between you ( company ) and the client or proper official documentation between you ( company ) and the client also the client is not answerable for this rejection
Similarly a company has the full rights to reject any ordered project from a client anytime if the client has not ordered the project through that winner company's official process / documentation . Neither The winner company nor Bizcell is liable for any damages caused to any client for this rejection and also a company is not answerable for this rejection.
Mailing service from BizcellAs a company you must agree to the term that any email conversation of you with the client ( we referred you ) you must keep us updated by keep a CC to firstname.lastname@example.org or email@example.com or firstname.lastname@example.org or email@example.com You acknowledge that When we are sending a system generated mail for general information purposes only and unless otherwise specifically mentioned therein should not be construed as an acknowledgement, authentication and/or approval of any kind about the correctness of the information/data successfully submitted by you. Though we have made maximum efforts have been made to keep the contents of this mail accurate, the same is not intended for and/or should not be construed as a statement of law or used for any legal purposes against Bizcell You acknowledge that the information transmitted as part of this mail is meant only for the intended person/entity only and may contain confidential, proprietary and/or privileged information/material of Bizcell . Bizcell does not accept or assume any liability of any nature against any person/entity in relation to the accuracy, completeness, usefulness and/or relevance or otherwise of the information as part of this mail. Any use, reuse, review, re-transmission, dissemination, paraphrasing, distribution or other uses of the in formation contained in this mail, through any medium whatsoever, by any person/entity/recipient shall strictly be at their own risks and for any claims/issues in relation thereto Bizcell shall not be liable for any expense, losses, damages and/or liability thereof. If you are not the intended recipient of this mail or information contained therein, forth. You agree that you will contact the sender and delete the material completely from your computer/s and/or the device/s wherein the contents/information of this mail may have been stored. You acknowledge that Computer viruses can be transmitted via email. The recipient should check this email and any attachments for the presence of viruses. Bizcell ( Bizcell solutions ) accepts no liability for any damage caused as a result of any virus or other malware transmitted by this e-mail. Recipient of any mail from Bizcell Solutions should carry out own virus checks before opening the e-mail or attachment. E-mail transmission cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission2.1 - The Terms and Conditions of Use apply to the utilization of Bizcell, regardless of the accessed domain or sub-domain. 2.2 - The contracting partner of all members is Bizcell, An Indian Proprietary firm, Office at Vivekananda Marg, Balasore in the state of Odisha, Country - India which creates and operates Bizcell. 2.3 - The Terms and Conditions of Use also apply if the website or parts of it are accessible from other websites, which entirely or partially enable access to Bizcell.
3 - General provisions3.1 - Scope Upon registration, you acknowledge these Terms and Conditions of Use for all legal transactions within the context of Bizcell and declare your consent. With the activation of your access to Bizcell via the login section, a corresponding contractual relationship is created between you and Bizcell. Supplemental agreements can apply to specific functions and offers. If such a supplement exists, we explicitly refer you to this supplemental agreement, which you acknowledge as binding for you by usage. 3.2 – Membership
By signup at Bizcell / Create a new account here at Bizcell you declare that you have attained a age of minimum 18 yrs which is a mandatory condition to use our platform.You can become a member of Bizcell if you have submitted any query or your requirement at our Request a Quote pages or Develop your startup page by agreeing to our terms and conditions . Important : We consider the user who are not logged in to our site through social login but have submitted their requirement directly at our site through forms that are publicly available at our site Upon registration, you will become a member of Bizcell if you are of full age and do not register as a consumer, but rather, as a merchant for your commercial or professional activity. According to tax laws, you’ll have to be able to provide proven certification of your company registration and/or VAT / GST number certificates needed to comply with VAT regulations. No entitlement exists to membership; we can refuse membership, subject to specific reasons. If membership has been refused or terminated by us, re-registration is prohibited. The member’s data is to be provided truthfully and kept updated in case of any changes. The access data to the platform are to be kept confidential. The user name, which you provide, must not violate prevailing laws and morality. Only one membership or user access is admissible per person/company/department, which is not transferable. 3.3 - Content created by members For the creation of portal content (project entry, uploaded proposal, comments or other types of user contributions), in addition to these Terms and Conditions of Use, you must observe prevailing laws, in particular, no copyright/trademark or other infringements of intellectual property rights may be committed or personal rights injured. The content of the entered projects, proposals and user communication are exclusively created by the members. We assume no liability for this. 3.4 - Rights of use of ideas, proposals and other content provided by the user3.4.1 - With the uploading of any content, particularly proposals, you must ensure that you hold the necessary rights of use. As a Companies/Agencies/ , you must ensure that you are fully authorized and in a position of being able to transfer the respective, contractually agreed rights of use to the client. 3.4.2 - Pre-made and third party created templates are not allowed in Bizcell. 3.4.3 - You acknowledge that Bizcell does not check or endorse or assume any liability for content, which is provided by you on Bizcell.3.5 - Transfer of rights of use between client and Companies/Agencies/ s3.5.1 - The contract concerning the transfer of rights of use of content provided by the Companies/Agencies/ and the effective contract relationship through payment of the previously established remuneration is exclusively to be solved between the client and the Companies/Agencies/ , who the client selects as the winner. We assume no liability for this. 3.5.2 - The proposal's rights of use are only transferred to the client, to the contractually agreed extent between the client and Companies/Agencies/ , on fully effective payment of the agreed project price to the Companies/Agencies/ . In particular, until selection of the winner has taken place, you, as client, shall not be entitled to use them and shall commit to the respective Companies/Agencies/ s not to use the proposals. 3.5.3 - Bizcell recommends signing a private agreement between parts establishing the width of the rights of use of the winning proposal. If no agreement between client and Companies/Agencies/ has been signed, by paying the project's prize for a winning proposal, the client receives from the Companies/Agencies/ the definitive, unlimited in time, regionally unrestricted rights of use, both in content and form, established within the contract relationship, of the Companies/Agencies/ work in all physical, analogue and digital formats, and therefore free to use it. The rights of use comprehend, among others, the authorization to replicate, to distribute, to lease, to loan, to archive, to modify, to broadcast, to film or to allow any public media its use, specially in printed media, TV and media services, internet, film, radio, video, databanks, networks as telecommunication, mobile, data and broadband infrastructures, and any data storing devices, no matter if these devices are intended for transmitting, sending or storing. The Companies/Agencies/ transmits to the client specially these rights:3.6 - Granting a restricted right of use
- Multimedia rights: The client is allowed to replicate and to distribute the work, both partially and fully, in any electronic storing media (interactive publications included). The rights of use comprehend specially cassettes, CD, CD-Rom, Mini-CD, floppy disks, video, DVD, hard drives, flash storing devices, E-Books and any data, image or audio storing device.
- Online rights: The client is allowed to replicate, to distribute, to broadcast, to transmit or make public the work, both partially and fully, regardless of their storing method or format, in any online service. Within this permit is also included the possibility of collecting the work, both partially or fully, either digital or non-digital, store it in a databank and making it accessible to its users, either in digital or analogue formats (regarding data transmission), with or without partial storage and data recording. This access to the work shall be done in any place, at any time, with any mobile device or stationary point (i.E. PC, mobile telephones, E-Readers or similar devices), and should be possible to save this work and/or forward it for its usage, including any interactive use of the work, regardless of any technical definition. The rights of use comprehend specially television and media broadcasts, Internet-based service platforms, electronic press, protected mobile services, electronic press clipping services, and any databank and cross linking products.
- Databank rights: The client is allowed to store, to replicate and make accessible to any third party the work, both partially and fully, including it with other media materials in any desired storing device, in order to achieve a successful storing and use. Third parties, including final user, shall have access to the work, regarding downloading, forwarding and printing possibilities. The rights of use include especially internal publishing houses’ archives, and any electronic or Internet-based data networks, accessible online archives to any third party (including final users).
- Modifying rights: The client is allowed to modify and to edit the work, specially to adapt copywriting, technical or specific details.3.6.1 - As Companies/Agencies/ , you grant us a restricted, basic right of use to the provided content when entering a proposal, in order to also provide these on Bizcell after the end of the project, as well as also using it for marketing campaigns within the context of Bizcell in other media (on-line and off-line) as references. 3.6.2 - As client, you hereby grant us a basic right of use to the proposals that you acquire from the Companies/Agencies/ , in order to also provide these on Bizcell after the end of the project, as well as also using it for marketing campaigns within the context of Bizcell in other media (on-line and off-line) as references.3.6.3- As a client you are giving the companies ( with whom you get connected through this platform ) authority to send a copy email of every conversation with you to Bizcell at firstname.lastname@example.org or email@example.com or firstname.lastname@example.org or to any other mail as requested by Bizcell. 3.7 - Project/Purchase3.7.1 - The client is obligated to prepare the briefing with great care, as well as providing feedback on the proposals during the term of the project without delay, as well as answering questions from the Companies/Agencies/ s in a maximum time frame of two days. 3.7.2 - The briefing must correspond to applicable law. If the briefing should violate prevailing laws, morality or third party rights, we reserve the right to immediately delete the project and reserve the right to claim compensation against the contract violating party, with the same applying to submitted proposals and false contact details. 3.7.3 - With submission of any work proposal, the Companies/Agencies declares that he has examined the development and underlying image, audio and other media with regard to copyrights, ownership rights, trademark rights and personal rights, etc. and excludes violations of third parties. If the Companies/Agencies should use third party materials, to which the client must acquire the rights, upon submitting the proposal, he must clearly inform the client about this circumstance and specify the source of the licensing, as well as the anticipate licence costs. Any omission from the Companies/Agencies about costs and origin of licence will mean that the Companies Agencies will assume those costs from the end price of the project. With the submission of a proposal, the Companies/Agencies is also issuing the client a binding offer, to transfer/grant the rights of the proposal at the specified conditions. This offer is accepted by client if and by means of him selecting the proposal as the winner. 3.7.4 - The Companies/Agencies of the winning proposal, after election and under client's direct request, will be subject to little modifications of his proposal, in order to adjust them to the final result (one correcting period). By submitting a proposal, Companies/Agencies/ is accepting this and remarking that he/she is capable to communicate orally with the client, and therefore able to resolve the correcting period. If this correction period fails due to an insufficient language level from Companies/Agencies184.108.40.206 - The client has to send to the Companies/Agencies/ his/her corrections in written and electronically within a week after choosing a winner. By fulfilling this condition, the time frame might be extended one more week. 220.127.116.11 - The Companies/Agencies/ has to fulfil all corrections stated by the client within a week after receiving the written communication..
If you want to create a company account then you acknowledge that you agree to our term, that you can never disclose to anyone the commission amount or service fee that we charge for any lead or business or services to your company without our written consent. It highly confidential in nature . If any disclose is done from your part or by your present or past team member ( includes any one with whom you have discussed ) then it will be considered as breach of trust by us and you will be responsible for any damages caused to Bizcell or its associated firmsIf Companies/Agencies/ fails to accomplish this requirement with no pressing reasons that make impossible its resolution, the client will be entitled to fully reject any payment of the project’s price.Please note : We may look your proposals and messages transfer between you and client without notifying you, for to be sure from our side that our platform is not being used for any illegal activities like sending spams or Terrorist activity or any activity that we feel unethical solely depending on our view point . We may also use your proposals and messages , queries to know your preferences so that we can improve our platform for better user experience . 3.8 - Rejecting / amending / deleting users, projects, content and comments3.8.1 - In case of violations of third party rights or other legal regulations, we reserve the right to block or delete members, project, proposals, comments and other content without prior notice, as well as arranging other measures, in order to prevent misuse of Bizcell. 3.8.2 - Bizcell will be entitled to cancel an account if any important reason is provided, and therefore to erase his/her details and data, and to forbid any future usage of the platform to that user. An important reason would be any infringement of conditions stated in section 4. This also applies if a client provides false details. If an account is cancelled, there will be no restoration right for his/her profile. 3.8.3 - There will be no entitlement to refund any fee if client's account has to be cancelled without warning period. These fees will be kept by Bizcell as a compensating service charge. 3.8.4 - In order to restore the platform in case of technical problems, we reserve the right to change over to an older content status. The members have no entitlement to have all of their entered content available to an unlimited extent.3.9- Availability and enhancement of the Bizcell platform3.9.1 - We make Bizcell available in the type and with the functionalities, which are currently available. There is no entitlement to availability or retention of functionalities and content. 3.9.2. - No warranty is assumed for the availability of Bizcell. Liability for the consequences and losses incurred due to reduced availability is excluded.
4 - Liability
4.1 - Liability by the memberYou shall be obligated to exempt and hold us harmless from any types of legal actions, damages, losses or claims that could arise through your registration and/or participation in projects. You are particularly obligated to exempt us from any liability and claims, which arise from losses incurred due to defamation, libel, infringement of personal rights, due to stoppage of services for other members, an infringement of these rights of use, violation of intangible goods or other rights. You are obligated not to abuse Bizcell, particularly:Maintaining a respectful communication style when communicating with other members, even with differing opinions; Not disseminating defamatory, objectionable or otherwise illegal materials or such information through Bizcell Not threatening or harassing other persons or infringing the rights (including personal rights) of third parties; not using any data or content to Bizcell, a) which could damage or impair the computer of another user, which contain a virus (infected software) or would enable you or another person to illegally access software or bypass the security on websites or servers, or b) for which you do not hold the necessary rights of use; - not using the service in a manner that negatively influences the availability of the services for other members; - not contacting other Bizcell members to self-promotion purposes, including here and above all not contacting clients to suggest alternative offers to existing projects; - providing links to other websites, which violate this code of conduct. The non-observance of one of the previously mentioned duties can result in immediate cancellation of the usage agreement, as well as civil law and criminal law consequences for you personally. We particularly reserve the right to exclude you from Bizcell with immediate effect if, in the opinion of the operator, immoral, obscene, or political right/left radical content or images were intended to be disseminated upon registration or use of the service.4.2 - Our liability The liability for the offered rights of use lies exclusively with the user. We assume no liability for the trustworthiness of the user data provided; the liability for all consequences of violations against third party right or other legal regulations from participating in the project by submitting proposals lies exclusively and fully with the participating members. If the user data is used abusively by, for example, being passed on in an unauthorised manner or not sufficiently protected, the respective member shall be held liable for the loss incurred. Furthermore, our liability against users for damages is limited as follows: Our liability for losses arising from the contract or prohibited acts is limited to premeditated misconduct and gross negligence. To the extent that our liability is excluded or limited, this will also apply to the personal liability of our employees and authorised representatives. Our liability is limited to the anticipated damages or loss typically anticipated within the contest of this contract. This limitation shall not apply to compensation claims on the basis of premeditated misconduct or fraud on our part, to liability cases in relation to explicitly guarantee quality characteristics, to claims within the context of product liability law or to losses arising from death or personal injury. We shall not be held liable for data loss or damage to data, to the extent that a loss would not have occurred in the case of proper data backup, unless we have failed to properly inform the members about data backup measures. 4.3.- Right of Exclusion.4.3.1. Users removal. Bizcell welcomes all Software , Digital and Business Srvices Companies/Agencies/ s. However, Bizcell reserves the right to remove from its directory, at any time and without prior notice, those user profiles that:Bizcell reserves the right to ban profiles or remove projects without prior notice from those Users/clients /Companies/Agencies/ s that do not fulfill the requirements in these Terms and Conditions. Moreover, Bizcell reserves the right to remove all those contents that do not fulfill the requirements in the Terms and Conditions of Bizcell or that seem inadequate to be published on the website as well as those contents that do not seem appropriate for a site with the characteristics and purpose of Bizcell.• Impersonate the identity of other companies or Companies/Agencies/ s. • Use web crawlers or unrighteous methods showing unusual and irregular patterns in the visits received in a clear attempt to gain notoriety. If this is concerning a specific part of a profile, Bizcell may delete the afore mentioned. If the odd activities persist, the Companies/Agencies profile will be removed and banned. • Duplicate Companies/Agencies/ profiles. • Share mobile applications which content promotes malware or any kind of xenophobia, racism or discrimination of any human collective. • Share mobile applications which content promotes human or animal abuse. • Share mobile applications which content is defamatory, harmful or objectionable. • Share mobile applications that infringe third party rights, especially rights of intellectual property. • Share harmful links to the user. • Have a spam purpose.Finally, Bizcell will remove from its directory anyone who does not have a clear or suspected Companies/Agencies profile. 4.3.2. Projects removal. Bizcell welcomes any kind of development or Service based requirement projects. However, Bizcell reserves the right to not validate and delete from their database, at any time and without prior notice, the following kind of projects:• Those consisting on spyware applications, malware applicactions or any kind of software that attemps againts individual freedom of people. • Those consisting on applications that foster discrimination in terms of race, etnicity, nationality, social class, religion or believes, sex, sexual orientation, gender identity, age or health state. • Those consisting on applications which content promotes human or animal abuse. • Those consisting on applications which content is defamatory, harmful or objectionable. • Those sharing harmful links to the user. • Those with a spam purpose
6 - Cancellation and deletionThe contractual relationship between the members and ourselves can be cancelled properly in written form by both parties subject to a notice period of one week. During the term of the cancellation notice period, we are entitled to block members and remove entered projects or submitted proposals within the cancellation period. We are entitled to fully or partially transfer all rights and duties arising from the utilization relationship to third parties, after an information period of four weeks. If a member should object to this, he shall only have the option of terminating his membership by deleting the access.
8 -Right of RevocationIf you're not using the service for your commercial or freelancer professional activity, you're entitled to this right of revocation.You're entitled to revoke your contractual statement without further reason within 7 days in written format ( i.E. by letter, fax or E-mail).Consequences of the revocation:Special considerations:Your revocation right will be prematurely expired if the contract has been fulfilled from both parties at your specific request, before you have used your revoking right.
9 - Final provision9.1 - Applicable law and legal jurisdiction The legal jurisdiction for all legal disputes arising from or in connection with the utilisation relationship between you and Bizcell is Balasore, state of Odisha, India The Indian IT law exclusively applies to the contractual relationship between you and us. 9.2 - Written form, declarations Changes or amendments to the contract concluded between you and us are only valid if they have been agreed in writing. This also applies to a change to this written form clause. All declarations issued by us can be sent to you electronically. 9.3 - Change to the Terms and Conditions of Use We reserve the right to change these Terms and Conditions of Use at any time and without specifying reasons. Such changes will be notified to you by e-mail. You will be provided with the opportunity of saving or printing out the changes in a readable form. These changes shall be regarded as approved, if you do not object in writing or by e-mail. We shall specifically point this consequence out to you upon notification. You must send the objection to us within four days after notification of the changes. 9.4 - Severability clause If a provision of these Terms and Conditions of Use should be invalid, this shall not affect the remaining provisions. The invalid provision shall be regarded as replaced by one which comes closest to the commercial purpose of the invalid provision in a legally valid manner. The same shall apply to possible regulatory holes. 9.5 - Saving of the contract text Within the context of concluding the contract, we do not save the contract text with the General Terms and Conditions. You are therefore advised to save the contract text that is valid at the time of concluding the contract and accessible on our website on your hard disk, or to archive it in another manner. Terms and Conditions version 1 valid from 06.12.2019
10 - Blog articles policy10.1 All articles published on Bizcell's blog are previously reviewed and edited by the Content team of Bizcell to make them suitable to the audience. Articles must:
The Bizcell team reserves the right to refuse to publish an article if it does not comply with the policies mentioned above.
- be genuine, not published on any other websites or blogs.
- have at least 1,000 words.
- be about Mobile app , Marketing and business topics.
- have images owned by the Companies/Agencies/ or writer with no text. Videos and links are also allowed. All links will be under no-follow rule.
1 - Information rights and express consentThe data protection policy governs access and use of the website www.Bizcell.co (hereinafter, the “Website”) that the company Bizcell, S.L. (hereinafter, “Bizcell”) makes available, free of charge, to Internet users interested in the site's services and content (hereafter "Users"). Bizcell informs its Users that files containing personal data of users and customers have been created by Bizcell and are dully filed with the Data Protection Registry. We DONOT sell your personal info to any third party but we want to let you know in a clear manner Bizcell is a fully owned proprietary firm and we may use your data for the growth of other subsidiary firms under same GSTIN NUMBER ( of parent firm Bizcell solutions ) and also share your data to law enforcement agencies without notifying you as required by law. ALSO WE MAY DISCLOSE YOUR PERSONAL DATA TO THIRD PARTIES FOR INTELLIGENCE PURPOSE LIKE FOR RANKING YOUR ( WHO HAS REGISTERED THE COMPANY AT BIZCELL ) COMPANY AT BIZCELL, ALSO FOR VERIFYING THE TESTIMONIALS PROVIDED BY YOU ( COMPANY ) SIMILARLY WE MAY DISCLOSE YOUR PERSONAL INFO FOR VERIFICATION PURPOSE TO VERIFY YOUR REVIEW SUBMITTED TO ANY COMPANY. BUT BE SURE THAT WE WILL ONLY USE YOUR DATA FOR OUR BUSINESS NEEDS ONLY AND WILL NOT SELL YOUR DATA TO ANY THIRD PARTY . Also Bizcell is enabled to disclose personal data in order to (i) fulfill a legal requirement, (ii) demand the fulfillment of its policies, (iii) answer claims regarding the breach or protection of any third party’s rights or its property or security, in the event they are affected by advertisements or contents.
2 - PurposeThe Users personal data are collected with the following purposes:To manage the online marketplace Bizcell.co. To send e-communications with promotional and informative purposes regarding the software sector or any others that could be interesting, as the ones indicated on clause 7 below.
3 - Mandatory or optional nature of the information provided by the User and reliability of the informationThe User must complete the fields specified with an asterisk (*) in the registration form, as they are strictly necessary to respond to its request. The filling of the other fields is voluntary. The User guarantees that the personal information provided is true and agrees to inform Bizcell of any changes to the same. The User guarantees that the personal information provided is exact and up to date and reflects the User's current status. The User is responsible for keeping his or her information up to date at all times. The User is responsible for any mistake or error in the data provided, and shall be liable for any damage deriving from said errors, as regards Bizcell or third parties, by virtue of using the services offered by Bizcell.
4 - User ConsentBy filling of the form and sending his or her personal data, the User declares to have read and expressly accepted the legal terms, and grants his or her consent to the automated handling of his or her details, according with the purposes being informed and services provided by Bizcell. Moreover, the User expressly consents that his or her opinions and the contents provided by him or her are handled by Bizcell for the indicated purposes.
5 - Connecting through Google and FacebookThe User registered through its Google or Facebook is transferring his/her Google or Facebook data to his/her Bizcell user profile. By doing so, the User will link its Google or Facebook, linkedin profile, when applicable, with its Bizcell profile, and the User who was not previously registered will be registered in Bizcell, accepting the Website’s legal terms, in order to carry out such linking.
6 - Electronic communicationsBy completing and submitting an electronic form to Bizcell, Users expressly consent to receive bulletins concerning the most relevant news, innovation, and information regarding the website, as well as electronic communications relating to the sector and the following sectors:IT and Technology IT, software and technology Internet Digital TV / Satellite / Cable Fixed telephony Mobile telephonyBizcell has established mechanisms by which users can reject said services, simply and at zero cost. To do so the user must enter the access menu and de-activate the relevant sending options in the electronic communications section. Users can also deactivate this service by sending a request email to stop email service to email@example.com
7 - SecurityBizcell informs its Users that it has adopted the technical and organizational measures laid down by law to protect their personal data and to prevent it from being altered, lost, handled or accessed without authorization, bearing in mind the status of the technology, nature of the data saved and the risks to which they are exposed, in accordance with all the regulations in force.
9 - Right to Access, Correct and Cancel Personal DataThe User is entitled to access this information, correct it if there are mistakes and cancel their Bizcell account. Users can exercise these rights via the configuration menu in their personal profile, which they can access using their email address and password. If users experience problems while exercising their online rights or if they have doubts or questions related to our Personal Data Protection Policy they can contact us directly at hello@Bizcell.co indicating the reference matter. Personal data processing, as well as commercial electronic communications, are in accordance with the regulations currently in force.
14 - HOW IS YOUR PERSONAL DATA COLLECTED?We use different methods to collect data from and about you including through:Direct interactions. You may give us your Identity Data, Contact Data, Transaction Data, Profile Data and Marketing and Communications Data by using our website, filling in forms or by corresponding with us by post, phone, email or otherwise; Automated technologies or interactions. As you interact with our website, we may automatically collect Usage Data and Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see our Cookies Policy for further details.
16 - HOW WE USE YOUR PERSONAL DATAWe will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances: Where we need to provide you with details about our products and services. Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. For company verification and verification of any review or testimonial Where we need to comply with a legal or regulatory obligation. You have the right to withdraw consent to marketing at any time by mailing your concerns at firstname.lastname@example.org We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products and services may be relevant for you. We only use the data you provide to us directly for this purpose along with the Aggregated Data provided to us by our analytics partners and we do not track what other websites you may visit after visiting our site, though in common with most websites, we may register the site which referred you to our site (e.g. a search engine). for the business growth of our subsidiary firms under same GSTIN
17 -OUR RESPONSIBILITY ON ANY UNINTENDED DATA SHARING
Please note that Bizcell will share some of your personal info but not limited to your contact number , city , country , name, email info with the Company / Vendor / Agencies you choose to submit your query Also Bizcell can directly share your personal info email,phone number,city and country to any of member companies / users that we find suitable for your requirement.We cannot guarantee you that your data will not be shared with any other company because of software error / bugs, technological issues like cross connection your data may be mistakenly shared with others ( UNINTENDED USERS ) because of software bugs and we will not be responsible for this.We want to tell you that this is not happened on regular basis but mainly happens if we do any improvements or bug testing in our site or any other reason. We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We generally only send electronic marketing - such as email marketing - to people who have previously expressed an interest in products and services from us and this is in our legitimate interests. We will always offer a way out of receiving this marketing when you enquire about our products and in every marketing communication afterwards. We may on occasion send out postal marketing for the purpose of growing our sales which is in our legitimate interests and in this scenario we will rely on you to let us know if you do not want to receive this by opting out of marketing (see Opting Out below).
19 - CHANGE OF PURPOSE
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
20 - DISCLOSURES OF YOUR PERSONAL DATA SECURITY
We have put in place security up to a certain level to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
You acknowledge that the Internet is not a completely secure medium for communication and, accordingly, we cannot guarantee the security of any information you send to us (or we send to you) via the Internet. We are not responsible for any damages which you, or others, may suffer as a result of the loss of confidentiality of such information.
22 - DATA RETENTION: HOW LONG WILL YOU USE MY PERSONAL DATA FOR?
We will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances you can ask us to delete your data: see ‘Your Legal Rights’ below for further information.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
23 - YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under GDPR in relation to your personal data.
You have the right to:
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you wish to exercise any of these rights, please Contact Us at email@example.com, marking your query for the attention of the DPL.
24 - NO FEE USUALLY REQUIRED
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
25 - WHAT WE MAY NEED FROM YOU
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
26 - TIME LIMIT TO RESPOND
We try to respond to all legitimate requests within 2 months. Occasionally it may take us longer than 2 months if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
27 - Modification of the Data Protection Policy
Bizcell / Bizcell Solutions reserves its right to modify this policy to adapt it to future legislative or case law developments.
28 - Applicable Law
Unless a specific local regulation sets forth the contrary, the Data Protection Policy and the rest of the Legal Conditions concerning the website are governed by INDIAN IT LAW.
29 - Cookies PolicyWhat are cookies?
A cookie is a file which is downloaded on your computer when you access certain web pages.
Among other things, cookies allow a web page to store and retrieve information about user or device-specific browsing habits. Depending on the information which they contain, and the way the equipment is used, they can also be used to recognize the user.
Which types of cookies do we use?
Cookies are files which are sent to a browser via a web server to register a User of BIZCELL / BIZCELL SOLUTIONS ' activities on either a specific web page or all pages, apps and/or services (from here on, the Services). The main aim of cookies is to give the User faster access to the selected Services. Furthermore, services and adverts can be personalized using cookies, meaning each User can be offered potentially interesting information, selected based on the way they user the Services.
Additionally, BIZCELL / BIZCELL SOLUTIONS can keep informed of the Services solicited by Users, meaning they can put at their disposal suitable information for the tastes and preferences of each User.
Classification, aims and implementation of cookies on BIZCELL / BIZCELL SOLUTIONS :
Cookies can be divided into session-only and permanent, according to how long they last. The former expire when the User closes their browser. The latter expire when they've completed their designated purpose (for example, keeping the User identified in the website's Services) or can be manually deleted.
REGISTRATION COOKIES: Registration cookies are generated once the User has registered or previously opened their session, and are used to identify them in the Services section with the following objectives in mind:
Keeping track of the user. If a Service is closed and then reopened using the same browser or computer, the user will remain identified, making for easier site navigation. This mode can be switched off by clicking “close session”, which eliminates the cookie and means the User must open the session again to be identified the next time they use the Service in question.
Additionally, some Services might be connected to social networks like Facebook,Google, Linkedin. When the User registers in a Service with social networking features, the network is authorized to save a persistent cookie which remembers their identity and guarantees access to the Services until it expires. The User can delete this cookie and revoke access to the Services by updating their preference in the social network in question.
ANALYTIC COOKIES: Each time a User visits a Service, a tool created by an external provider (specifically, Google Analytics) generates an analytical cookie in the User's computer. This cookie, which is only created by visits, is used to anonymously track the User's subsequent visits to this web page. The main reasons for this include:
Allowing anonymous tracking of browsing Users via the cookie (Only browsers and devices are identified, not people). This means approximate numbers of visits and visit times can be recorded.
Identifying (again, anonymously) the most often-visited, and therefore most relevant content for Users
Knowing if the User who is browsing is new or a repeat visit.
Important: Unless the User decides to register for one of BIZCELL / BIZCELL SOLUTIONS Services, the cookie will never be associated with any personal information which could identify them. These cookies will only be used with purposefully-created statistics which help optimize the User's experience on the site.
How do I disable cookies in the most common browsers?
Normally, it's possible to set browsers to reject cookies, or to stop accepting the cookies of one Service in particular.
All modern browsers allow you to update cookie preferences. These setting are normally found in “Options” or “Settings” in your browser menu. Here, you can also configure your browser or email provider, as well as install free tools to help you avoid downloading Web Bugs when you open an email.
We offer guidance on how to access the cookie preferences menu, and, where necessary, on browsing privacy in each of the main browsers:
Internet Explorer: Tools>-> Internet Options -> Privacy -> Settings. For more information, please consult Microsoft's customer help services, or the Help section of your browser.
Firefox: Tools -> Options -> Privacy -> History -> Personalized Setup. For more information, please consult Mozilla's customer help services, or the Help section of your browser.
Chrome: Configuration -> Show advanced options -> Privacy -> Content settings. For more information, please consult Google's customer help services, or the Help section of your browser.
Safari: Preferences -> Security. For more information, please consult Apple's customer help services, or the Help section of your browser.
What happens if cookies are disabled?
Some functions of the Services will be disabled, such as, for example, the ability to remain identified and receives location-specific information.
CHANGES AND UPDATES IN PRIVACY/COOKIES POLICIES:
30- Governing Law and Venue.
The present contract/ Agreement governs the legal relationship between the Company / Vendor / Firm / Agency, Client, and in some cases unregistered Website / App Visitors and Bizcell, S.L (hereinafter, BIZCELL) in regards to any services that may be subscribed to by said Company / Vendor, Client users, in some cases unregistered Website Visitors. This Agreement / Contract is executed at Balasore ( State - Odisha, Country - India ) . It shall be governed with the applicable laws of India. The Courts at Balasore ( State - Odisha, Country - India ) shall have exclusive jurisdiction in any proceedings arising out of this agreement.
Disputes. The users ( both client users and Companies / agencies, in some cases unregistered Website / App Visitors ) hereto expressly agree that they shall engage in friendly discussions to attempt to resolve any and all controversies, disputes or claims that may arise out of or relating to this Agreement, or its interpretation, performance, breach or termination. If such discussions are not successful in achieving the resolution of such dispute within a reasonable period not to exceed thirty (60) days, which period can be extended by mutual written agreement, then all claims, whether legal or equitable in nature. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who shall be appointed by mutual consent of both the parties and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Balasore and each party shall bear its own costs and fees relating thereto. The arbitrator shall have the right and authority to determine how his or her decision or award as to each issue and matter in dispute may be implemented or enforced. The arbitrator shall not have the authority to award punitive, magnified and/or consequential damages. The arbitrator shall be required to produce a written opinion setting forth the reasons for the decision or award made. The decision of such arbitrator shall be binding and conclusive on the Parties hereto. There shall be no appeal there from other than for bias, fraud or misconduct. This binding arbitration shall be the sole procedure, forum, and remedy for resolving all disputes involving money between the Parties, to the fullest extent allowed by law, and the determination by the arbitrator shall be enforceable in any court having competent jurisdiction. Both Parties each acknowledge that by agreeing to arbitration, such Party is giving up the right to a jury trial with respect to the arbitrated claims. This arbitration clause does not affect the ability of the Parties to seek non-monetary equitable relief before courts with competent jurisdiction.
Attorney’s Fees. If either Party incurs any legal fees associated with the enforcement of this Agreement or any rights under this Agreement, the prevailing Party shall be entitled to recover its reasonable attorney’s fees and any court, arbitration, mediation, or other litigation expenses from the other Party.
Collection Expense. If Bizcell incurs any costs, expenses, or fees, including attorney’s fees and professional collection services fees, in connection with the collection or payment of any amounts due from the User ( User includes Companies/ Vendors/ Agencies, Client user and Website / App Visitors ) under this Agreement, User ( User includes Companies/ Vendors/ Agencies, Client user and unregistered Website / App Visitors ) agrees to reimburse Bizcell for all such costs, expenses and fees.
. If any clause or portion of this Agreement / Contract is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining clauses or portions shall remain in full force and effect.
Survival. The terms of this Agreement / Contract apply to those obligations that survive any cancellation, termination, or rescission, namely – warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.
No Strict Construction. This Agreement / Contract shall not be construed more strongly against either Party regardless of which Party is more responsible for its preparation.
Counterparts. This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original, but all of which together will constitute one and the same instrument, without necessity of production of the others.
Entire Agreement; Modification; Waiver. This Agreement is the entire agreement between the Parties with respect to the subject matter and supersedes any prior agreement or communications between the Parties hereto, whether written or oral.
Our terms of service was last updated on : 25.2.2020 at 06.30 PM IST