Terms and Conditions
PRIVACY AND CONFIDENTIALITY POLICY
This site www.procbiz.com (hereinafter referred as “website”) is owned and operated by ProcBiz Tech Pvt. Ltd (“PTPL”) and contains contents, links, software, logos, marks, services and products offered by PTPL or by anyone other than PTPL etc. (hereinafter referred “Services”) which is derived in whole or in part from said Services provided directly or indirectly by PTPL, outsider agencies and/or any other sources, and is protected by domestic and international copyright and trademark laws and/or any other applicable Laws. The restrictions on use of the services on the website are specified below. Except where specifically authorized, user shall not modify, copy, reproduce, download, republish, upload, post, transmit or distribute etc. in any way any Services from/to website.
By registering, you confirm & certify that all information you provide, now or in the future, is true & correct. Your registration at procbiz.com is valid for 90 days from the date you first login and is automatically renewed for further period of 90 days every time your login thereafter unless blocked/deregistered for any reason whatsoever. You specifically agree to:
(a) Provide true, accurate, current and complete information about yourself (“Registration Data”) and
(b) Maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
We are concerned about the safety and privacy of the users. However, please remember that the Services are designed to appeal to a broad audience. User shall use their best judgement about the suitability of the product/ services to him/ her. Accordingly, if you are a parent or legal guardian, it is your responsibility to determine whether any of the Services and/or Content appropriate for your child or otherwise. Similarly, if you are a child, please consult with your parent or legal guardian as to whether any of the Services and/or Content is appropriate for you.
Notwithstanding the foregoing, we may provide you with access to some parts of the website site without you registering as a user. In that case, your identification is based on other means of identification that we may deem appropriate from time to time.
PTPL hereby grants the user a limited, non-exclusive, non-assignable and non-transferable license to access website provided and expressly conditioned upon user ’s agreement that access and use shall be governed by all of the terms and conditions set forth in this Agreement.
We may also offer other services from time to time that are governed by different Terms of Services, in which case the Terms of this Agreement shall not apply to such other services if and to the extent expressly excluded by such different Terms of Services.
3) INTELLECTUAL PROPERTY RIGHTS & NO RETRANSMISSION OF INFORMATION
Procbiz.com as well as the design and information contained in this site is the valuable, exclusive Intellectual Property of PTPL, and nothing in this Agreement shall be construed as transferring or assigning any such ownership rights to the user or any other person or entity.
User shall not resell, redistribute, broadcast or transfer information, software and applications or use the information, software and applications provided by procbiz.com in a searchable, machine-readable database unless separately and specifically authorized in writing by PTPL prior to such use. User shall not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share procbiz.com or any other linked site therein or any part thereof, or any of the software, application or information received or accessed there from to or through any other person or entity unless separately and specifically authorized in writing by PTPL prior to such use. In addition, user shall not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of website without prior written authorization.
4) DELAYS IN SERVICES
Neither PTPL (including its owner and their directors, employees, affiliates, agents, representatives or subcontractors) shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other causes beyond its control or like causes. PTPL shall have no responsibility to provide user the access to procbiz.com while interruption of procbiz.com is due to any such cause shall continue.
5) DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
User expressly understands and agrees that PTPL and its owners, suppliers, consultants, advertisers, affiliates, partners, employees, Service Providers (hereinafter referred to as ‘Associated Entities ‘):
a) Has taken due care and caution in compilation of data for the website. The views and tips expressed by, if any, including but not limited to, experts, agencies, companies, linked sites on procbiz.com are their own, and not that of the PTPL or its management.
b) make no warranty that the services, content, live update, deferred live update etc. offered by us will (i) meet user's requirements or expectations, (ii) be uninterrupted, timely, secure, or error-free, (iii) be accurate or reliable.
c) Any reliance upon or use of any services availed through links of affiliates shall be at user's own discretion and risk. The Services are provided or made available on the website are on as is basis and PTPL expressly disclaim any and all warranties of merchantability and fitness for a particular purpose, with respect to any of the Products/ Services.
d) Any Services availed or otherwise obtained is done at user's own discretion and risk and that user will be solely responsible for any damage to computer system, mobile telephone or other access device or loss of data that results while accessing website.
e) No advice or information, whether oral or written has been obtained by user from PTPL and its Associated Entities shall create any warranty not expressly stated in this Agreement.
f) The contents, information, software, products, features and services published on procbiz.com may include inaccuracies or typographical errors changes are periodically added to the contents herein. PTPL and its Associated Entities may make improvements and/or changes in this web site at any time. Procbiz.com may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions, or other disruptions. PTPL reserves its right to modify or discontinue any or all of the contents, information, software, products, features and services published on procbiz.com without any prior information.
g) Unless specifically stated therein that all contents, software, products and services which are made available on the links are provided by the third party other than PTPL, as such responsibilities against any liability shall lies with the respective service provider from whom user have availed the services by using link made available on procbiz.com website. PTPL do not have any liability, responsibility against any such transaction, services availed by user from any third party other than PTPL either by paying fees or otherwise. Users have understood and confirmed that any link provided by third party service provider are made available for the benefit of users without having any commercial interest for any reason whatsoever.
h) PTPL and its Associated Entities expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
i) Any financial transaction by user through Credit Card/Debit Card/Internet Banking or any other like instrument for payment for delivery of Product/ Content or the use/misuse of such Credit Card/Debit Card/Internet Banking or any other like instrument, filed by user /on user's behalf with the Credit Card/Debit Card/Internet Banking Provider shall not be binding on PTPL or PTPL's merchant bank or PTPL's server provider which gives connectivity to internet banking service provider(s).
j) The service, content, goods and services from or through link made available on site are provided directly by the third party “as-is”, “as available “, and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The sole and entire liability of such third party from whom user have availed the Services, for any reason, and user's sole and exclusive remedy for any cause whatsoever, shall be lies with such third party from whom user had availed the services without involving PTPL. PTPL are not liable for any type of losses including but not limited to direct/indirect, special, incidental, or consequential damages, damages for loss of business, loss of profits, litigation, or the like, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The Disclaimer of liabilities of damages set forth above is fundamental elements of the basis of the bargain between you and third party. This site and materials and services would not be provided without such Disclaimer.
k) User accepts and take full responsibility towards the ownership/possession and use of Credit Card/Debit Card/Internet Banking or any other like instrument. User expressly waive and consciously give up any/all rights user may have in law or in any agreement between user and the Credit Card/Debit Card/Internet Banking or any other like instrument Provider or under network rules and regulations to raise any dispute to claim any charge back or any process fee from any Bank/Financial Institution/ Internet banking service provider affecting PTPL in any manner pecuniary or otherwise on any grounds whatsoever including non- delivery of Product/Content or fraudulent or improper transactions by the unauthorized/improper use of Credit Card/Debit Card/Internet Banking or any other like instrument.
l) User understand and agree that user will have no right to claim any charge back is a Services condition of this agreement and once user hereby expressly agree to it user shall be stopped from challenging/disputing it in any adjudication/proceeding before any Bank/Financial institution/ Internet banking service provider or Court or otherwise.
m) Without prejudice to PTPL's right to defend its interest(s), PTPL shall not be made a party to any chargeback proceedings before any Bank/Financial institution/ Internet banking service provider or Court and in no case be required to prove the transaction effected by the use of Credit Card/Debit Card/Internet Banking or any other like instrument by user was legitimate and genuine.
n) User expressly understand and agree that in no event shall PTPL and/or its Associated Entities be liable for any direct, indirect, punitive, incidental, special or consequential damages or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, for any reason whatsoever, arising out of or in any way connected with the use of procbiz.com site or with the delay or inability to use procbiz.com site, or for any contents, information, software, products, features and services obtained through this web site, or otherwise arising out of the use of this web site, whether based on contract, tort, strict liability or otherwise, even if PTPL or any of its Associated Entities has been advised of the possibility of damages.
User acknowledge that the disclaimers and exclusions of liability set forth in this Agreement represent a fair and reasonable allocation of the risks and benefits of the Agreement between user and PTPL taking all relevant factors into consideration, including without limitation the value of the consideration provided by user to PTPL and the availability and costs of insurance with respect to the said risks. User further agrees that these disclaimers and limitations shall be enforceable to the fullest extent permitted by applicable law.
6) USE OF MESSAGE BOARDS, CHAT ROOMS AND OTHER COMMUNICATION FORUMS
Procbiz.com Site may contain social networking, user generated content, message/bulletin boards, chat rooms, or other message or communication facilities (collectively, “Forums”), you agree to use the Forums only to send and receive messages and Services that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:
* Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
* Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful Material / Services or information.
* Upload files that contain software or other Material / Services protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
* Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
* Conduct or forward surveys, contests, or chain letters.
* Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
All Forums are public and not private communications. Chats, postings, conferences, and other communications by other users are not endorsed by PTPL, and such communications shall not be considered reviewed, screened, or approved by PTPL. PTPL reserves the right for any reason to remove without notice any contents of the Forums received from users, including without limitation message board postings.
8) LINKS TO THIRD PARTY WEBSITES
Links to third party website are provided by PTPL as a convenience to user(s) and PTPL has not have any control over such websites i.e. content and resources provided by them.
PTPL may allow user(s) access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party's Services. You are cautioned to read such websites' terms and conditions and/or privacy policies before using such Websites in order to be aware of the terms and conditions of your use of such websites. PTPL believes that user(s) acknowledge that PTPL has no control over such third party's website, does not monitor such Websites, and PTPL shall not be responsible or liable to anyone for such third-party Website, or any content, products or services made available on such a website
Users can have their catalog built & hosted on PTPL website by paying a fee as per the plan.
9) FEE, PAYMENTS AND TAX
Procbiz.com reserves the right to charge listing fees for certain listings, as well as transaction fees on the purchases made using the Website and/or the Mobile application. We reserve the right to alter any and all fees from time to time, without notice.
In case, there is any short charging by PTPL for listing or transaction fees or any other fee because of technical or other reasons, PTPL reserves the right to deduct/charge/claim the balance subsequently at its own discretion.
PTPL currently accepts payments through: (a) Indian credit cards and Indian debit cards; (b) internet banking of certain banks in India; and, (c)NEFT and RTGS transactions. In cases of larger orders and in other cases that PTPL deems appropriate, PTPL may accept payments through cheques issued by banks in India or in cash. PTPL may from time to time and in its sole discretion agree to accept payments through such other modes as PTPL may deem appropriate. All payments must be made in Indian Rupees. Current billing address, phone number, and other information demanded on the Website and/or Mobile application must be included with every request for booking/ reservation.
By booking with PTPL, you authorize PTPL and its agents to transact with your bank or other payment gateways to obtain necessary information required to process payment, confirm payment, resolve inquiries and billing disputes and/or as otherwise required to manage the booking/ reservation. You must adhere to the terms and conditions that are prescribed by the payment gateways through which you choose to transact. PTPL shall not be responsible for any Losses incurred by you while transacting through these payment gateways
User shall indemnify, defend and hold harmless PTPL and its Associated Entities from any and all actions criminal or civil in nature, claims and losses imposed on, incurred by or asserted as a result of or related to: (a) access and use of procbiz.com website (b) any non-compliance by user with the terms and conditions hereof; or (c) any third-party actions related to users receipt and use of the information, whether authorized or unauthorized (d) or any other reason, whatsoever.
11) RIGHT TO REFUSE
PTPL reserves the right in its sole discretion to discontinue a particular Service at any time. Sale of any Services is subject to availability.
12) CONFLICTING TERMS
This User Agreement and the license rights granted hereunder shall remain in full force and effect unless terminated or cancelled immediately by PTPL at its sole discretion or access to procbiz.com site or any portion thereof may be denied or suspended for any of the following reasons: (a) for any unauthorized access or use by you (b) if you assign or transfer (or attempt the same) any rights granted to you under this Agreement; (c) if you violate any of the other terms and conditions of this User Agreement; (d) If you do not login at procbiz.com site for a continuous period of 90 days; (e) If you provide any registration information that is untrue, inaccurate, or incomplete, or PTPL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete. Termination or cancellation of this Agreement shall not affect any right or relief to which PTPL may be entitled, at law or in equity. Upon termination of this User Agreement, all rights granted to you will terminate and revert to PTPL. Except as set forth herein, regardless of the reason for cancellation or termination of this User Agreement, the fee charged if any for access to PTPL is non-refundable for any reason. In the event of any paid services made available on the B2B Website directly by Business Connect without any involvement of PTPL or otherwise, in event of termination of such services for any reason whatsoever, the alternate link (if any) where the similar services made available by the Business Connect shall be communicated to subscriber of such services on available contact details without any liability on PTPL for any reason whatsoever.
The terms of this agreement are exclusively based on and subject to Indian law. You hereby consent to the exclusive jurisdiction of courts in Ghaziabad, India in all disputes arising out of or relating to the use of procbiz.com site.
PTPL is not responsible for the accuracy, completeness, veracity and reliability of any advertising and contents, products and services which may be accessed or advertised to you and ESTIL will not be liable for any loss or damage arising out of the same.
INFORMATION COLLECTION AND USE
PTPL collects personally identifiable information when user register at procbiz.com site and use procbiz.com site to buy products or services. PTPL may also receive personally identifiable information from its business partners.
When user register with procbiz.com site, user may be asked to provide name, email address, birth date, gender, contact number, education, zip code, occupation, industry, professional and personal interests. Once user register with procbiz.com Site and sign in to our services procbiz.com Site automatically receives and collects certain anonymous information on our server logs from the browser including your IP address, procbiz.com Site cookie information and the page you requested. PTPL may also collect the following information about the pages a user visits or accesses, the links clicked on procbiz.com website, the number of times a particular page is accessed.
In addition, when user use social networking, chat, blogs, bulletin boards, comments, content upload, user generated content and other such features ('Forum') on this site, user should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these Forums. User agree that if user post personal information online that is accessible to the public, user may receive unsolicited messages from other parties in return and that PTPL will not be responsible for the use or misuse of such information.
No information may be submitted by persons under the age of 18 without the consent of a parent or legal guardian, nor may persons under the age of 18 make purchases or other legal acts on procbiz.com site without such consent. PTPL encourages all parents or guardians to instruct their children in the safe and responsible use of their Personal Information while using the Internet. PTPL will not knowingly collect or use any Personal Information collected from children for any purpose whatsoever, including disclosure to third parties.
USE OF INFORMATION
PTPL uses information to authenticate your identity as per the regulations, provide personalized features, to get in touch with you in the case of password retrieval, to preserve social history as may be required by existing laws in India, to customize the advertising and content you see, to fulfill your requests for certain products and services promoted by PTPL or other companies, and to contact you about specials and new products. We also use information internally to direct our efforts for product improvement, contact you as a survey respondent and send you promotional Material / Services from our contest sponsors or advertisers.
Some of our advertisers may collect anonymous traffic information from their own assigned cookies to your browser. We have no access or control over such cookies.
PTPL will not sell or rent your personally identifiable information to anyone.
PTPL will not use your financial information for any purpose other than to complete a transaction with you.
PTPL will not send personally identifiable information about you to other companies or people only when we have your permission, to provide products or services you've requested.
We reserve the right to disclose your personally identifiable and email address information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our procbiz.com site.
We share your information with advertisers on an aggregate basis only.
No method of transmission over the Internet, or method of electronic storage, is 100% secure Therefore, while PTPL strive to safeguard the confidentiality of user's personally identifiable information, transmissions made by means of the Internet cannot be made absolutely secure. By using this site, user agree that ESIL will have no liability for disclosure of your information due to errors in transmission or unauthorized acts of third parties.
Legal Disclaimers and Usage
Legal Disclaimer and terms and conditions of usage
1. This website is owned and managed by Procbiz Tech Pvt. Ltd. and provides general information about the company. All content (including trademarks) displayed on this website is owned by PTPL PTPL retains all copyright and other intellectual property rights with respect to the content available and displayed on this website.
2. The content provided/displayed on this website is only for general purposes and whilst PTPL does try to ensure the accuracy of such content while incorporating it into this website, such content should not be relied upon for any specific purpose and no representation or warranty is given about its accuracy or completeness. No commitment is hereby given by PTPL to update or correct any such content/information.
3. No content/information displayed on this website shall constitute an invitation or inducement to invest in PTPL or any of its companies. PTPL and its companies shall not be liable for any loss, damage or expense arising out of any access to or use of this website or any website linked to it, including, without limitation, any loss of profit, indirect, incidental or consequential loss.
4. The content of this website is only for the personal use of the visitors to this website and they shall not distribute, modify, transmit, reuse, report, or use the content of this website for public or commercial purposes.
5. PTPL will not be liable to any visitor to this site or any third party for any kind of damages including, but not limited to, direct, indirect, incidental, consequential or punitive damages, arising from or connected with the website, including but not limited to, their use of this website or their inability to use the website, even if PTPL has previously been advised of the possibility of such damages.
6. PTPL’s website may contain references or procbiz.com which link it to other websites on the World Wide Web that are not under PTPL's control. PTPL is hereby not responsible or liable for the content of any such external hyperlinks and any references to such external links should not be construed as an endorsement of the links or their contents by PTPL. These links are only provided as a matter of convenience and PTPL provides no representation or warranty about their contents.
7. PTPL, at any point of time, becomes aware of the inappropriate use of the website or any of its contents, it may respond in any way it deems suitable/appropriate. It may also report to law enforcement agencies any action that may be considered illegal, as well as any information it may receive of such illegal conduct.
8. PTPL reserves the right to terminate access to this website at any time and without prior notice to the concerned party.
9. PTPL reserves the right to change or modify the contents of this website, including this disclaimer, at any time.
10. PTPL reserves all other rights.
11. Any visitor to this website hereby agrees that this Legal Disclaimer and Terms and Conditions of Usage is to be governed by and construed in accordance with the laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction, and any dispute arising in relation to this website or its Legal Disclaimer and Terms and Conditions of Usage shall be subject to the exclusive jurisdiction of the courts in Ghaziabad.
Privacy and Confidentiality Policy
PTPL has a strong commitment towards Users’ privacy and the confidentiality of the Users’ information collected. PTPL provides this Privacy and Confidentiality Policy ("Policy") for the benefit of all of its visitors and Vendors.
This Policy and the Usage Agreement govern your use of the Portal and participation in the Portal, and, together, constitute the "Terms and Conditions.” By clicking on the "I AGREE" button below, each User accepts and is legally bound by the Terms and Conditions.
Notice to Non-Indian Vendors. Please note that the information you enter on PTPL’s web Portal ("Portal"), or otherwise provide to PTPL, may be transferred outside of your country, for the purposes of processing, in order to provide you with the services of this Portal. By agreeing to this Policy, you consent to the transfer of all such information to India or any other country decided by PTPL and the processing of that information by PTPL in the manner described in this Policy.
Contact Information. When your sign-up to participate on the Portal, we will ask you for certain information that identifies you and allows us to contact you ("Contact Information") which you cannot refuse to provide.
We may disclose aggregate information about our Users with advertisers, business partners, sponsors, and other third parties. This data is used to customize the content and advertising of our Portal, and to provide the best customer experience possible.
PTPL has implemented technical, environmental, and administrative measures to protect against the loss, misuse and alteration of all information under its control.
Transactional Data: PTPL will collect data from your interaction with the Portal and your use of PTPL's products and services ("Transactional Data"). PTPL will maintain such Transactional Data in strict confidence and with complete security. PTPL may make limited use of Transactional Data, consistent with the Usage Agreement. PTPL will not disclose company-specific Transactional Data. Any such disclosure will not threaten to reveal competitively sensitive information or provide the opportunity for anti-competitive behavior. Exception;
BY CONTINUING TO USE THIS SITE YOU CONSENT TO ABIDE BY THE TERMS SET FORTH IN THESE TERMS AND CONDITIONS INCLUDING THE USAGE AGREEMENT AND THE PRIVACY AND CONFIDENTIALITY POLICY.