General terms and conditions
1 - GENERAL INFORMATION AND DEFINITIONS
Applancer is a business platform for project owner and developers, and intermediates therefore to implement effectively the resolution of developments. Developments are tendered as competitions on Applancer (hereafter “projects”) and rights of use to the submitted proposals are mediated.
The project owner enters a project on Applancer (Applancer Services Private Limited) at www.Applancer.co (hereafter “Applancer” or “us/we”); the developer enters own proposals as offers to the project owner. The project owner receives the rights of use by paying the project price agreed in advance to the developer.
Registered users are described as “members” (hereafter “members” or “you”);
- if you enter a project, you are described as a “Project owner”,
- if you enter a development proposal, you are described as a “Developer”.
2 - PLATFORM OPERATOR / SCOPE
2.1 - The Terms and Conditions of Use apply to the utilization of Applancer, regardless of the accessed domain or sub-domain.
2.2 - The contracting partner of all members is Applancer,
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 Applancer.
3 - GENERAL PROVISIONS
3.1 - Scope
Upon registration, you acknowledge these Terms and Conditions of Use for all legal transactions within the context of Applancer and declare your consent. With the activation of your access to Applancer via the login section, a corresponding contractual relationship is created between you and Applancer.
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
Upon registration, you will become a member of Applancer if you are major or have completed 18 years of 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 number certificates needed to comply with VAT regulations. No entitlement exists to membership; we can refuse membership without assigning any reason. If membership has been terminated by us it will be subject to specific reason, 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 user
3.4.1 - With the uploading of any content, particularly proposals, you must ensure that you hold the necessary rights of use. As a developer, 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 project owner.
3.4.2 - Pre-made and third party created templates are not allowed in Applancer.
3.4.3 - You acknowledge that Applancer does not check or endorse or assume any liability for content, which is provided by you on Applancer.
3.5 - Transfer of rights of use between project owner and developers
3.5.1 - The contract concerning the transfer of rights of use of content provided by the developer and the effective contract relationship through payment of the previously established remuneration is exclusively to be solved between the project owner and the developer, who the project owner selects as the winner. We assume no liability for this.
3.5.2 - The proposal's rights of use are only transferred to the project owner, to the contractually agreed extent between the project owner and developer, on fully effective payment of the agreed project price to the developer. In particular, until selection of the winner has taken place, you, as project owner, shall not be entitled to use them and shall commit to the respective developers not to use the proposals.
3.5.3 - Applancer recommends signing a private agreement between parts establishing the width of the rights of use of the winning proposal. If no agreement between project owner and developer has been signed, by paying the project's prize for a winning proposal, the project owner receives from the developer the definitive, unlimited in time, regionally unrestricted rights of use, both in content and form, established within the contract relationship, of the developer 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, especially 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 developer transmits to the project owner specially these rights:
- Multimedia rights: The project owner 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 project owner 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 project owner 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 project owner is allowed to modify and to edit the work, specially to adapt copywriting, technical or specific details.
3.6 - Granting a restricted right of use
3.6.1 - As developer, you grant us a restricted, basic right of use to the provided content when entering a proposal, in order to also provide these on Applancer after the end of the project, as well as also using it for marketing campaigns within the context of Applancer in other media (on-line and off-line) as references.
3.6.2 - As project owner, you hereby grant us a basic right of use to the proposals that you acquire from the developer, in order to also provide these on Applancer after the end of the project, as well as also using it for marketing campaigns within the context of Applancer in other media (on-line and off-line) as references.
3.7 - Project/Purchase
3.7.1 - The project owner 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 developers 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 the design proposal, the developer 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 developer should use third party materials, to which the project owner must acquire the rights, upon submitting the proposal, he must clearly inform the project owner about this circumstance and specify the source of the licensing, as well as the anticipate licence costs. Any omission from the developer about costs and origin of licence will mean that the developer will assume those costs from the end price of the project. With the submission of a proposal, the developer is also issuing the project owner a binding offer, to transfer/grant the rights of the proposal at the specified conditions. This offer is accepted by project owner if and by means of him selecting the proposal as the winner.
3.7.4 - The developer of the winning proposal, after election and under project owner'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, developer is accepting this and remarking that he/she is capable to communicate orally with the project owner, and therefore able to resolve the correcting period. If this correction period fails due to an insufficient language level from developer, project owner will have the right to reject any payment.
220.127.116.11 - The project owner has to send to the developer 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.
18.104.22.168 - The developer has to fulfil all corrections stated by the project owner within a week after receiving the written communication.
22.214.171.124 - Payment of project's price stills an obligation even though there are accidental lacks, which do not or do partially block final proposal's functionality.
Likewise, it exists an obligation of payment whenever there's a usage of the proposal.
126.96.36.199 - It will only be possible to reject project’s prize payment whenever proposal does not suit the adjustments or corrections stated by the project owner, or whenever the final archive does not respect the technical specifications mentioned in brief and/or correction round. In this case, developer is obliged within 7 days after receiving this communication to correct these flaws and to provide an improved submission to the project owner by uploading it at Applancer.
If developer fails to accomplish this requirement with no pressing reasons that make impossible its resolution, the project owner will be entitled to fully reject any payment of the project’s price.
3.8 - Economic conditions. Fees
3.8.1 - Fee amounts will be stated in the near future. According to the “Fee system directive”, Applancer will be able to change, reduce or increase the fees.
3.8.2 - Fees for creating a project as other functions subject to payment, but those regarding Service Charges, are to be paid at the beginning of the project, plus any applicable VAT.
3.8.3 - Applancer has the right to send to project owners and developers the corresponding invoices via E-mail.
3.8.4 - Payment of fees will be made through an electronic payment system. Project owner commits him/herself to provide Applancer with his/her actual details during project's extension. If payment is refused, or any mistake happens that lead to an invalid payment, project owner will be enforced to transfer to Applancer's bank account within 14 days the debted amount plus any other service charges, if any. Without discharge of any other right, Applancer will be entitled to cancel access to any project owner by not successful payments, if Applancer warns with cancellation in written with 14 days advance. Applancer is also entitled to cancel an account earlier than the 14 days period due to urgent reasons.
3.8.5 - Fees are stated as a net price, and VAT and taxes shall be added, if any.
The project price defined by the project owner is a net price. This does not include any possible transaction turnover taxes, stated in the respective applicable amount.
3.8.6 - Project owner authorizes Applancer by creating a project to withdraw correspondent fees through electronic payment system. If project owner chooses the Prepaid variant, he authorizes Applancer to withdraw the total amount of the project and/or any applicable transaction taxes with this electronic payment system, if project owner refuses to accomplish his duty of choosing a winner.
3.9 - Rejecting / amending / deleting users, projects, content and comments
3.9.1 - 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 Applancer.
3.9.2 - Applancer 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 project owner provides false details. If an account is cancelled, there will be no restoration right for his/her profile. A cancellation shall be also applied if fees are not properly paid.
3.9.3 - There will be no entitlement to refund any fee if project owner's account has to be cancelled without warning period. These fees will be kept by Applancer as a compensating service charge.
3.9.4 - If a project owner/user has the right to cancel his/her account immediately, fees shall be refunded if given important reasons are exclusive responsibility of Applancer.
3.9.5 - 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.
3.10 - Availability and enhancement of the Applancer platform
3.10.1 - We make Applancer available in the type and with the functionalities, which are currently available. There is no entitlement to availability or retention of functionalities and content.
3.10.2 - No warranty is assumed for the availability of Applancer. Liability for the consequences and losses incurred due to reduced availability is excluded.
4 - LIABILITY
4.1 - Liability by the member
You 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 Applancer, 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 Applancer
Not threatening or harassing other persons or infringing the rights (including personal rights) of third parties;not using any data or content to Applancer,
- 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 Applancer members to self-promotion purposes, including here and above all not contacting project owners 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 Applancer 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 unauthorized 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 authorized 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.
Applancer welcomes all mobile app developers. However, Applancer reserves the right to remove from its directory, at any time and without prior notice, those user profiles that:
- Impersonate the identity of other companies or developers.
- 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, Applancer may delete the aforementioned. If the odd activities persist, the developer profile will be removed and banned.
- Duplicate app developer 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, Applancer will remove from its directory anyone who does not have a clear mobile app developer profile.
4.3.2. Projects removal.
Applancer welcomes any kind of mobile app development projects. However, Applancer 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 applications or any kind of software that attemptsagainst individual freedom of people.
- Those consisting on applications that foster discrimination in terms of race, ethnicity, 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
Applancer reserves the right to ban profiles or remove projects without prior notice from those Users/Developers that do not fulfill the requirements in these Terms and Conditions.
Moreover, Applancer reserves the right to remove all those contents that do not fulfill the requirements in the Terms and Conditions of Applancer 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 Applancer.
5 - DATA PROTECTION
In order to provide the agency service, we must enter, process and use data. The data entered on Applancer is saved in accordance with the data protection provisions that are valid in Spain and not disclosed to third parties, unless it is necessary for the provision of the agency service or a legal obligation exists for disclosure. You declare your agreement to the saving and processing of your data in accordance with the legal data protection principles.
Members are notified by e-mail regarding certain project events and invoice information.
6 - NON DISCLOSURE AGREEMENT
All developers accept the following Agreement upon making a development proposal for a project:
This non-disclosure agreement (“Agreement”), dated as of the submission time in the electronic form below is made between the user of the Applancer site who is the provider of the professional services (“Developer”) and the user of such developer services (“Project owner ”).
The parties contemplate that each party will be disclosing confidential information to the other. This Agreement sets forth the terms and conditions which will govern the parties’ disclosure of confidential information to each other.
For mutual consideration, the receipt and sufficiency of which is here by acknowledged, the Developer and the Project owner agree as follows:
1 - Definitions.
1.1 - “Affiliate” means a Person that directly or indirectly through one or more intermediaries, Controls, or is controlled by, or is in common Control with, the person specified.
1.2 - “Control” means the possession, direct or indirect, of the power to direct or cause the direction of the management an d policies of a Person, whether through the ownership of voting securities, by contract, through members of the board of directors or otherwise.
1.3 - “Receiving Party” means the party receiving the Confidential Information.
1.4 - “Disclosing Party” means the party disclosing its Confidential Information.
1.5 - “Confidential Information” means information disclosed to the Receiving Party by the Disclosing Party or its Agents either orally or in writing that includes, but is not limited to, financial statements, contracts, customers list, corporate documents, business plans, business concepts, financial projections, e-commerce proposals and passwords, and more generally any information related to the business of the Disclosing Party, that the Disclosing Party, including all of its affiliates, subsidiaries and officers, directors, and agents and employees, provides to the Receiving Party. Confidential Information does not include information which: (a) is or becomes generally known or available by publication or otherwise; (b) is disclosed by the Disclosing Party to third parties without restrictions on disclosure; (c) is developed independently by the Receiving Party without reference to the Disclosing Party’s materials or information; (d) is rightfully received by the Receiving Party from a third party without a duty of confidentiality; or (e) was already known by the Receiving Party prior to receipt from the Disclosing Party.
1.6 - “Agents” means a party’s agents, employees and persons retained and engaged by it.
2 - Use and Protection of the Confidential Information.
2.1 - Both parties agree that the Confidential Information will be used solely for the purpose of evaluating and provides the professional services by the Developer (hereafter, the “Services”) and that such information will be kept confidential by both parties and their Agent provided, however, that any of such information may be disclosed by either party to Agents who need to know such information for the purpose set forth herein (it being understood that such Agents shall be informed by the parties of the confidential nature of such information, and shall be directed by the parties to treat such information confidentially). Each party agrees to be liable to the other party for any breach of this Agreement by its Agents.
2.2 - Both parties shall use reasonable means to safeguard and keep confidential the Confidential Information and to not, without prior written consent of either party, disclose the Confidential Information in any manner, in whole or in part, or use the Confidential Information except for the purpose set forth herein. In the event that the Receiving Party of the Confidential Information or its Agents become legally compelled to disclose any of the Disclosing Party’s Confidential Information, the Receiving Party will use its best efforts to promptly notify the Disclosing Party and to provide reasonable cooperation to the Disclosing Party in connection with the Disclosing Party’s efforts to lawfully avoid or limit disclosure and preserve the confidentiality of the Confidential Information in such circumstances.
3 - Ownership; No Warranty.
3.1 - All Confidential Information is and shall remain the property of the Disclosing Party. Nothing herein shall be construed as granting or conferring any rights by license or otherwise in the Confidential Information except as expressly provided herein. Neither party makes any warranty, express or implied, as to any Confidential Information that it may provide hereunder.
4 - Time Limitations.
4.1 - This Agreement will apply only to disclosures made within 12 months. However, the obligations hereunder with respect to any disclosure made within that period will continue indefinitely thereafter in accordance with the provisions of this Agreement.
5 - Return and Destruction.
5.1 - The Receiving Party agrees, upon termination of the Services or any time upon the Disclosing Party’s request, to immediately return to the Disclosing Party or destroy, as such party may direct, all tangible materials within its possession, custody or control containing or reflecting any portion of the Confidential Information and shall make no further use of theConfidential Information.
6 - No Obligation.
6.1 - Each party acknowledges and agrees that the other party reserves the right, in its full and absolute discretion to reject any or all proposals and to terminate Services and negotiations with respect to the subject matter of the Services at any time.
7 - Remedies.
7.1 - Both parties acknowledge and agree that a violation of the terms of this Agreement would cause irreparable harm to the other party, and that the other party’s remedy at law for any such violation would be inadequate. In recognition of the foregoing, both parties agree that, in addition to any other relief afforded by law, including damages sustained by a breach of this Agreement and without any necessity of proof of actual damage, the other party shall have the right to enforce this Agreement by specific remedies, which shall include, among other things, temporary and permanent injunctions.
8 - Miscellaneous.
8.1 - This Agreement is the entire agreement between the parties with respect to its subject matter and supersedes all earlier oral or written agreements. This Agreement shall be governed by and construed in accordance with the law of Spain and shall not be amended except by a written agreement between the parties. Failure of a party to enforce its rights on one occasion will not result in a waiver of those rights on any other occasion. This Agreement will be binding upon the parties and their respective successors and assigns.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives
7 - CANCELLATION AND DELETION
The contractual relationship between the members and ourselves can be cancelled properly in written form by both parties subject to a notice period of seven weeks or earlier. 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 - USE OF GOOGLE ANALYTICS
This website uses Google Analytics, a web analytic service provided by Google Inc. (“Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States.
Google will use this information with evaluating purposes of your use of the website, compiling reports on website activity for website operators and providing other services relating relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf.
9 -RIGHT OF REVOCATION
If you're not using the service for your commercial or freelancer professional activity, you're entitled to this right of revocation.
Power of revocation
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:
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.
10 - FINAL PROVISION
10.1 - Applicable law and legal jurisdiction
In event of dispute, the parties would immediately resolve it peacefully. The parties shall also resort to arbitration, where sole arbitrator would preside and would be identified by Applancer. The venue of such arbitration would be at Chandigarh and the governing laws are laws as in accordance with Indian Statutes.
The Indian law exclusively applies to the contractual relationship between you and us.
10.2 - 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.
10.3 - 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.
10.4 - 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.
10.5 - 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 01.04.2017
Personal Data Protection Policy
1 - INFORMATION RIGHTS AND EXPRESS CONSENT
The data protection policy governs access and use of the website www.Applancer.co (hereinafter, the “Website”) that the company Applancer Services Private Limited (hereinafter, “Applancer”) makes available, free of charge, to Internet users interested in the site's services and content (hereafter "Users").
Applancer informs its Users that files containing personal data of users and customers have been created by Applancer and are dully filed with the Data Protection Registry.
Applancer does not sell or rent its users’ personal data to third parties with commercial purposes without the users’ prior consent. However, Applancer 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 - PURPOSE
The Users personal data are collected with the following purposes:
To manage the online marketplace Applancer.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 INFORMATION
The 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 Applancer 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 Applancer or third parties, by virtue of using the services offered by Applancer.
4 - USER CONSENT
By 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 Applancer.
Moreover, the User expressly consents that his or her opinions and the contents provided by him or her are handled by Applancer for the indicated purposes.
5 - CONNECTING THROUGH GOOGLE AND FACEBOOK
The User registered through its Google or Facebook is transferring his/her Google or Facebook data to his/her Applancer user profile.
By doing so, the User will link its Google or Facebook profile, when applicable, with its Applancer profile, and the User who was not previously registered will be registered in Applancer, accepting the Website’s legal terms, in order to carry out such linking.
6 - ELECTRONIC COMMUNICATIONS
By completing and submitting an electronic form to Applancer, 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
Digital TV / Satellite / Cable
Applancer 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 clicking on the unsubscribe option at the bottom of the e-mails received.
7 - SECURITY
Applancer 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.
8 - COOKIES AND IPS
9 - RIGHT TO ACCESS, CORRECT AND CANCEL PERSONAL DATA
The User is entitled to access this information, correct it if there are mistakes and cancel their Applancer 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 [email protected] indicating the reference matter.
Personal data processing, as well as commercial electronic communications, are in accordance with the regulations currently in force.
10 - MODIFICATION OF THE DATA PROTECTION POLICY
Applancer reserves its right to modify this policy to adapt it to future legislative or case law developments.
11 - 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 law.
12 - COOKIES POLICY
What 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 APPLANCER' 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, APPLANCER 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 APPLANCER:
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. 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 APPLANCER 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:
General contract terms and conditions
1 - Definitions and Purpose.
1.1 - Under the present contract, Applancer shall provide the Developer the services specified on the web service form (hereinafter, theService), as well as any additional services that the Developer decides to incorporate into the Service.
1.2 - Definitions:
Regular: This is the service that Applancer offers free of charge to Developers for publishing their offerings. Applancer reserves the right to modify the conditions of this service at any time or to discontinue the service at any time.
Project owner: Person who have requested information about the Developer through Applancer.
With regard to the Service, the Parties expressly declare their commitment to:
2.1 - Comply with the data protection policy and the e-commerce law and other applicable laws and regulations.
2.2 - Process the data of the Users/Project owners only in accordance with the explicit and legal purposes stated as such in this agreement and the legal terms published on the Applancer website.
2.3 - Not transfer the personal data of the Users/Project owners to physical persons or legal entities other than those which may have been expressly authorized by this contract or in the electronic forms located on the website.
2.4 - Protect the personal data to which they have access, guaranteeing their confidentiality and preventing unauthorized third parties from gaining access to said data.
2.6 - The Developer must keep its passwords for accessing the Service confidential.
3 - Obligations and Declarations.
3.1 - The Developer declares that the hiring of the Service of Applancer, as well as the inclusion of the Developer's content and logos, are not linked to any illegal activity nor do they compromise the image and/or rights of Applancer or third parties. All of the information that the Developer provides Applancer must be legal and truthful, and must not risk infringement of the rights of third parties. In this regard, the Developer guarantees the truthfulness of all the information provided to Applancer. In addition, the Developer shall be responsible for maintaining all of the information provided to Applancer up to date and adapted at all times to the current situation of the Developer. In any case, the Developer shall be the sole party responsible for any false or inaccurate statements that it makes and for the damage that this may cause Applancer or the users.
3.2 - Applancer undertakes to provide the Developer the Services that it subscribes on the page for selecting the services, according to the terms set out in the present General Conditions and Special Conditions published on the website.
3.3 - Applancer reserves the right to temporarily suspend provision of the Service due to the possible need of carrying out maintenance, repair, update and improvement of said Service. Applancer also reserves the right to modify the present Terms and Conditions, as well as the systems, content and services related to them, providing advanced notice to the Developer of at least fifteen (15) calendar days through the Developer's private menu on Applancer and/or by sending an e-mail to the address provided by the Developer. The Developer's continued use of the Service provided by Applancer after notification of modifications by Applancer shall be understood as the Developer's acceptance of such modifications.
3.4 - In addition, the Service shall be contingent on the state of the Internet telecommunications network. Therefore, Applancer shall not be responsible for interruptions, delays, errors, malfunctioning of the Service and other inconveniences that are due to causes beyond the control of Applancer, and/or due to an act of negligence, whether attributable to the Developer or not, and/or acts caused by force majeure..
3.5 - Except for that specifically stated in these conditions and in the special conditions, Applancer does not assume responsibility for the economic performance and sales results of the Service.
3.6 - Failure of the Developer to comply with any obligation, especially the loading of inaccurate information and failure to make payment, shall give Applancer the authority, where applicable, to immediately suspend any of the Services contracted by the Developer for as long as said non-compliance persists.
4 - Price and Payment Terms.
4.1 - In consideration of the service, the Developer shall pay Applancer the amounts indicated on the Pricing page, in accordance with the conditions set out on the acceptance of service sheet and these Conditions.
4.2 - With regard to the Silver, Gold and Platinum Pack, the Service involves the payment of a monthly Fee which shall be paid by means of a single payment.
4.3 - The Developer undertakes to satisfy, in a timely manner, all of the payments due in accordance with that established in this contract and the Pricing page. The developer shall pay Applancer the amounts due for each and every one of the items corresponding to the Service provided, according to the rates provided to the Developer, established on the Service Acceptance Form or in effect at any given time.
4.4 - In the case where the Developer fails to make the payments established, once a period of seven business days as of the payment due date has lapsed, Applancer may suspend the service and consider the present contract to be terminated ipso jure, the amount due for the services effectively provided being immediately payable. The Developer shall also pay all of the annual or monthly fees that have not been paid up to the end of the service contracted.
5 - Prohibition of assignment of the contract and change of circumstances.
5.1 - The Developer cannot resell, assign or transfer the present contract, or the rights derived from said contract, in any way whatsoever. Any resale, assignment or transfer of the present contract by the Developer, or any resale, assignment or transfer of the Developer's rights shall be null with regard to Applancer and shall be automatic and immediate cause for termination of the contract.
5.2 - The parties must keep each other informed of any changes in circumstances that could affect the present contract.
6 - Entry into force, duration and start of the service.
6.1 - The present contract shall enter into force as soon as the Developer expresses its agreement and acceptance of the present Terms and Conditions. The Developer shall be considered as expressing said agreement and acceptance once the Developer has finished the process of contracting the Service online.
6.2 - Duration. The present contract is indefinite. In addition to the rights and obligations set forth for each one of the Parties, either one of these may terminate the contract by means of express written communication (7) days before the end of the monthly period.
7 - Termination of the contract Permanent interruption of the contract.
The present contract shall be terminated for general reasons for terminating contracts and, in particular, for the reasons set forth in clause six and in the event that the other party should fail to fulfill any of its obligations defined in this contract, and should fail to remedy such breach of contract within a period of seven (7) calendar days as of the deadline for fulfilling said obligation, or upon becoming aware of said situation. In the event that the breach of contract is by the Developer, at that time Applancer may suspend the Service, without it involving exemption of payment by the Developer during the period of suspension.
The communications between the Parties with regard to the termination of the Service shall be made via fax, registered fax service or email with confirmation of receipt assigned by the Parties for communicating with each other.
8 - Applicable law and jurisdiction.
Should any of these clauses be declared null, invalid or unenforceable, it shall not affect the validity or enforceability of the remaining clauses, which shall continue to be binding on the parties. The waiver by any of the parties to demand, at any time, the fulfillment of any of the general terms and conditions stipulated in the present contract shall not imply a general waiver nor confer any rights to the other party. This contract shall be governed by Indian law, which shall be applicable with regard to the validity, interpretation, performance and fulfillment of this contract. Any dispute arising from the interpretation of this contract shall be submitted to the Arbitration at Chandigarh and sole arbitrator would be preside and would be identified by company.
Specific Conditions, Applancer Escrow Service
These specific conditions rule the relation between the Project owner (Depositor), Developer and Applancer concerning the escrow service that Applancer provides to their Users.
Applancer will provide escrow service under the following conditions:
FIRST.-The Depositor's intellectual property will be safeguarded by a digital NDA within the Applancer Escrow system. The property of the code provided will also be protected by such NDA and it will belong entirely to the Depositor. Applancer may provide technical assistance prior to the start of the development process if needed.
SECOND.-The Developer has the right to request payment deposits on the Escrow system while working on the milestones associated with them. The Developer has the right to request a release once every milestone is completed, delivered and approved.
THIRD.-The Depositor will deliver payments to Applancer, as agreed with the Developer. The amount of the payment will be deposited and held by Applancer until such payment is released by the Depositor. The Depositor will make a first deposit of at least 10% of the total price of the project. After this, the Depositor will be able to make deposits according to the progress of the project.
FOURTH.-The Deposit will be released if the Depositor informs to Applancer that the Developer has carried out the stages of the project correctly. Once each deposit is released, Applancer will lose all power over it and will no longer be held responsible for it.
FIFTH.-Applancer will deliver to Developer, in the bank account designated by the Developer, the amounts released least the Applancer commission on projects. 15% for Regular and Silver users, 12% for Gold users and 10% for Platinum users.
SIXTH.-The Depositor may request redemption of the money deposited.
SEVENTH.-In the event of discrepancy between the Developer and the Depositor, Applancer offers a resolution procedure in which Depositor and Developer can expose their arguments. Applancer may take actions as long as there are payments deposited on the Escrow system. If there are no payments deposited, Applancer has no leverage to act accordingly.
EIGHT.-If the discrepancy is not resolved, the Depositor may choose to cancel the project and give a negative rating to the Developer. Depositor may get a refund of the still deposited amounts on Applancer or reuse those with a new candidate. All previously released payments are out of Applancer's control and it is up to the Depositor and Developer to resolve its refund.
NINTH.-In the event of the Depositor hiring a new Developer, Applancer cannot ensure hiring conditions to be the same. New conditions will have to be negotiated by the Depositor with new candidates.
TENTH.-The source code of projects in the Applancer Escrow system will be property of the Depositor. Depositor has the right to request the latest updated source code at any point of the development process and the Developer must provide it. In any case, the Developers will provide the final source code when the project is completed or canceled by the Depositor. If the Developer refuses to provide the source code at any stage, Applancer may take actions to publicly suspend and blacklist their Applancer account.