Terms and Conditions

1. Presentation

Welcome to our Site. In line with our policy of correctness and transparency, before using or registering with the Site, we invite you to read these general terms and conditions (the “General Conditions”) carefully: these regulate the use of the services offered via the Site. It is understood that for the purposes of this contract, the General Conditions include all notes, legal warnings, information notes or disclaimers published on the Site, as well as the terms retrieved via links to this page. Access, navigation and use of the Site as well as its freely-available functions constitute explicit acceptance of the terms of these General Conditions, which do not require your registration with the Site but which you are nonetheless obliged to respect. To use the service, registration with the Site and full acceptance of these General Conditions are required. If you do not intend to accept these General Conditions, either fully or in part, or any other note, legal warning, information note or disclaimer published on the Site, we invite you not to use the Site or its related services. If you have any questions, please contact our customer services team at the address [email protected].

2. Modification of the General Conditions

The Company reserves the unquestionable right to update, supplement and modify, either fully or partially, these General Conditions and all documents relating to these at any time, including the Information Note regarding Privacy (hereafter, “Privacy Policy”). For this reason, we recommend that you consult these regularly, notwithstanding the fact that we will do all that can reasonably be considered necessary and pertinent to make you aware of any changes to the General Conditions and/or related services via the Site itself, as detailed below. Modifications and updates to the General Conditions and/or related services will become effective from the moment of their publication on the Site and are considered to be accepted by users who access and use the Site subsequent to the publication of the modification on the Site itself. If you do not agree with the modifications made, we invite you not to use the Site and, if you have registered with the Site, you can delete your profile by writing to [email protected] with the subject “Deletion of profile” or by accessing the “Profile” section and clicking on “Delete Profile”.

3. Prerequisites for the use of Services

The Site and Services offered are intended for clients who are over the age of 18, with the power and full capacity to conclude valid agreements for the provision of services in the manner described below. By Registration with the Site and, subsequently, by using its Services, the user guarantees that they are over 18 years of age and have the power and full capacity to conclude valid agreements. The user also declares that the personal data they provide is true, correct, up-to-date, refers to him/her personally (both as a legal person as well as a physical person) or that this data has been inserted with the consent of the third party, assuming responsibility for the correctness and veracity of the information provided. In the case of any variations in the data provided upon Registration, it will be the complete responsibility of the user to inform us of these updates as soon as possible. To this end, we remind you that the identity of the user is an essential aspect of the Bhagwan Lal community. Bhagwanlal.com treats the identity of its users with great respect and demands the same level of respect from users of the Bhagwanlal.com community.

4. Registration with the Site

Some sections of the Site are also accessible to users who are not registered with the Site, for free. For complete and full use of the Services offered by the Site, registration with the Site is necessary.

 

5. Means of registration with the Site

To use the Services offered, registration with the Site (hereafter “Registration”) is required, which entails the provision of certain information of a personal nature, the indication of a valid personal email address and the creation of a personal account (hereafter “Profile”), all following the relevant procedure illustrated from time to time at the moment of Registration, with the aim of allowing us to offer a profile that is sufficient for the provision of Services. After completing the Registration process (hereafter, also referred to as the “User”), you can, at any moment, access your Profile to update or modify the data inserted, including information relating to your preferences. It is understood that you will be the only person held responsible for the veracity and the update of such information. If you do not complete the registration process after having provided an email address and/or other data requested, you may receive a limited number of communications that will invite you to conclude the registration process and will describe the service for which the registration process has been initiated. In any case, you can, at any time, delete the data provided by writing to [email protected] with the subject “Incomplete registration”.

5.1. Email

Users who make use of the services undertake to provide a personal email address, guaranteeing that they have legitimate use of this and check it regularly. The User also undertakes to update the email address used to register their Profile promptly if this should alter. Profiles registered with the email address belonging to individuals other than the Registered User or with temporary email addresses can be deleted by the Company without warning. The Company also reserves the right to validate the Profiles of Users with the aim of supplying services, where the Company has reason to believe that the email address provided is not valid.

5.2. Deletion of Profiles

At any time, the User can delete their Profile by accessing the “Profile” section of the Site and clicking on “Delete profile” or writing to [email protected] with the subject “Deletion of Profile”. It is understood that requests for the deletion of a user’s own Profile will entail the loss of Credits acquired, without any right to reimbursement.

6. Services

The services offered via the Site to users (hereafter, “Services”) are specially intended for any physical/legal person who wishes to promote their own activity, service or product, or locate one of these within the regenerated plastic sector. To this end, upon registration, the user will have the option of subscribing to the site with the aims of:
•    publishing on the Site offers in one of the following areas: raw materials, manufacturing on behalf of third parties, finished products, logistics and transport, consultancy, machines, moldings and work offers;
•    publishing on the Site requests in one of the following areas: raw materials, manufacturing on behalf of third parties, finished products, logistics and transport, consultancy, machines, moldings and work offers;
•    promoting on the Site their own activities in one of the following areas: raw materials, manufacturing on behalf of third parties, finished products, logistics and transport, consultancy, machines, moldings and work offers;
•    entering into contact with other Registered Users who use PlastiCare.
The instructions provided here are guidelines and codes of conduct created to make sure that mbhagwanlal.com remains a safe and friendly platform for doing business. As a User, it is your responsibility to carefully read and understand this section of the General Conditions, as well as the laws and regulations that are applicable here. This section aims to:
•    reduce risk to Users;
•    provide equal opportunities among all subscribed Users;
•    uphold the community values of mbhagwanlal.com.

6.1. User Service

Users who subscribe can make use of the specially designed service according to the means indicated on this area of the site: https://www.mbhagwanlal.com/en/how-it-works

6.1.1. Credits

Use of the services is free, with the single exception of viewing the User profile of the authors of published content. The use of this service requires the acquisition of credits (hereafter “Credits”). The Company has the option of gifting free credits (“Gift Credits”) to Users. Gift Credits can be used by Users only following the depletion of acquired Credits. Acquired Credits are valid for 24 (twenty-four) months from the date of acquisition. Gift Credits can be used by the date that is explicitly indicated in the communication that notifies Users of the gift. Users cannot under any circumstances receive reimbursement for Credits and Gift Credits, even if (i) Credits are not used up by the deadline mentioned in the previous paragraph, (ii) the User’s Profile is deleted upon their direct request or (iii) the User’s Profile is suspended or deleted by the Company for one of the reasons mentioned in Article 7, below.

6.1.2. Fee

The fee for the acquisition of Credits (the “Fee”) is published at the moment of acquisition. It is understood that the Company has the option of altering the Fee for the acquisition of Credits; this may be done temporarily for promotional events or for the promotion of new services or categories of services offered by Professionals. Modifications regarding the acquisition of Credits will become valid after they are published on the Site. The Fee is given in euros (EUR) and includes VAT. The User will be required to provide payment of the Fee and further duties and/or taxes due in accordance with law by the deadline indicated on the Site. Payment must be effected in euros (EUR) via one of the payment methods accepted by the Site. The User declares and guarantees the Company that he/she has access to any authorizations required to use the payment method indicated at the moment of payment. Data relating to the payment will be processed by a secure server-to-server connection with the use of SSL (Secure Sockets Layer) Protocol. In the case of non-payment of the Fee by the time of deadline given on the Site, the Company will have the option of suspending the Profile of the User and the use of Services until payment of the Fee has been received. If payment does not then take place within 40 (forty) days, the Company will have the option of deleting the Profile of the User via written communication in accordance with Article 7, below. The date of use of Credits by Professionals is defined as the moment in which recognition of earnings takes place on the part of the Company.

6.1.3. Obligations of the User

The User undertakes not to publish on the Site (i) offers and/or requests of quotes on sections or pages of the Site that are not specifically intended for this purpose. Furthermore, the User is obliged not to publish on the Site offers and/or requests that are fictitious (ii), for commercial aims (iii), for the gathering of data (iv), for the purpose of brokering (v); if these obligations are not adhered to, the Company, at its own discretion, will have the option of suspending or deleting the offers and/or requests, eliminating saved Content or suspending the uploading of further Content, or forbidding access of the Site via written communication with the User.
The User undertakes not to create fictitious profiles (i) or double profiles (ii); if this obligation is not respected, the Society, at its own discretion, will have the option of suspending or deleting the Profile of the User, eliminating saved Content or suspending the upload of further Content, or forbidding access of the Site via written communication with the User. Notwithstanding the above-mentioned, the User undertakes:
•    not to publish content in different categories or inappropriate sections of our Site;
•    not to take part in unfair acts of competition with regards to other Users offering similar or identical services;
•    not to circumvent or manipulate the structure of tariffs, the processing of invoices or the tariffs due to mbhagwanlal.beginoninternet.com
The User will have the option of:
•    publishing offers and/or requests for the execution of one of the services available on the Site;
•    deleting offers/requests published on the Site.

7. How to use PlastiCare – General regulations for Users:

 

7.1. Use of the Site or Services

The User is required to preserve the access credentials for his/her own Profile confidentially and is responsible for any use of the Site that derives from access using his/her credentials. The User also undertakes to notify the Company immediately in the case of a suspected security violation of his/her own Profile, by writing to mbhagwanlal.beginoninternet.com.it
The User is obliged to make use of the Services offered in compliance with these General Conditions, as well as all valid regulations and laws, and do not violate any rights of third parties or use the Services in an inappropriate or indecorous way (e.g. by spamming, uploading obscene and/or blasphemous and/or defamatory and/or immoral content or content which breaches public order).
The User undertakes to not use the Site and related Services for illegal ends or ends not considered in these General Conditions. The User may not use the Site or related Services to damage or otherwise prejudice the Site or interfere with the use and enjoyment of the Site and related Services by other Users.
In any case, the User undertakes to (i) not use machines, algorithms, software or other automated functions to generate the recall of pages or materials; and (ii) to not generate page recalls via chain letters, email or other means, through which a person or group of persons is requested to consult a page.
Notwithstanding the above, the User especially promises not to:
• use our Site and our Services if you have been temporarily or permanently suspended from our Site;
• publish false, inaccurate, misleading, defamatory or slanderous data (including personal and company information);
• transfer your mbhagwanlal.beginoninternet.com account (including feedback) to others without our explicit consent, or create a new account with the aim of requesting services or providing services with the aim of evading restrictions and/or limitations imposed by these General Conditions or the Company, in accordance with this Article (7);
• manually or automatically copy or gather in any way information regarding Users, including email addresses, without their explicit consent;
• manually or automatically copy or gather in any way information and/or data uploaded to the Site;
• publish contact information regarding other Users or third parties on pages of the Site that are accessible to the public;
• use mbhagwanlal.beginoninternet.com in order to carry out actions that are otherwise illegal and cause damage to physical or legal persons (including copyright or confidentiality rights);
•  use mbhagwanlal.beginoninternet.com to transmit material for publicity and/or advertising aims without the prior written consent of the Company;
• carry out any action that (in our sole discretion) could cause unreasonable overloading of our technological infrastructures and our system;
• circumvent our tools designed to exclude the automatic systems of search engines (robots) or other procedures adopted by PlastiCare to prevent or limit access to the Site;
• disseminate viruses or other software designed to damage the Site or hinder the use of the site by other Users.

7.1.1. Materials uploaded by the User – Rights, guarantees and renunciations of the User

The Rights of Ownership regarding content, including texts, photographs and anything else published on the Site by the User (“Content”), are the property of the User who uploaded the content from his/her own account. The User is also responsible for the veracity, correctness, and updating of such Content, as well as all consequences resulting from its publication on the Site. The Company bears no responsibility in relation to such Content, or its confidentiality, publication, and dissemination. For the purposes of publishing Content, the User recognizes and guarantees that:
•    he/she possesses the permits, licenses, rights and/or authorizations required to upload the Content to the Site;
•    he/she will not publish material subject to the ownership rights of third parties without license and/or formal authorization of the owner;
•    he/she will not publish Content that is harmful to the image of third parties, content that is paedophilic, violent, obscene, racist, defamatory, or which breaches public order;
•    he/she will not publish Content that violates any regulations present in these General Conditions;
•    he/she will not publish links to third party websites.
The Company does not endorse any Content, opinions, judgments, opinions, warnings or recommendations given by Users, and explicitly rejects all responsibilities regarding these. 
It is understood that the Company is in no way identifiable with the author of Content or comments/feedback uploaded onto the Site by the User. The Company will not undertake preventive checks, investigations or examinations of such Content, but nevertheless retains the option of removing, at any time, without prior warning and at its own discretion, Content and comments/feedback, including Reviews, which do not comply with and/or violate these General Conditions and/or the rights of third parties.
Every User renounces any claims, rights and actions regarding the Company in relation to Content (including Reviews) which may lead, even if only partially, to the dissemination of imprecise, incomplete and/or false data and/or data which violates the ownership rights of third parties.

7.2. Licenses

In publishing Content on the Site, the User concedes a continuous, free, non-exclusive licence, which is not subject to territorial restrictions, to use, reproduce, distribute, transfer to third parties, sub-license and view the Content, including Content relating to the provision of Services on the part of Plastic, as well as in the scope of the services and commercial and/or advertising actions of the Company, including but not limited to the promotion and redistribution of all or part of the Site, in any form and via any distribution channel.

8. Suspension of Services, deletion of Profile

The Company and the PlastiCare community work together to maintain the optimal functioning of our Site and our Services; this is also done with the aim of guaranteeing the safety of this community. We therefore invite you to notify us of any problems encountered during use of the Site and Services, including, by way of example, offensive content and/or content which violates the regulations within these General Conditions. The Company, at its own discretion and depending on the severity of the violation, retains the right to suspend or delete the Profile of the User, delete the saved Content or suspend the uploading of further Content, or forbid access to the Site via written communication with the User in the case of User violation of the obligations detailed above in Articles 5.1 (E-mail), 6.1.2 (Fees), 6.1.3 (Obligations of the User), 7 (How to use PlastiCare – General regulations for Users), 11 (Intellectual property rights). In any case, the Company retains the right to adopt all further measures deemed suitable depending on the severity of the violation, including the option of prosecuting all non-authorised use, or use that is contrary to law, in the most suitable court of law. In the case of Profile suspension, the Company will also provide instructions for the reactivation of the Profile. For all other information, or in the case that instructions regarding the reactivation of the Profile are not received, you can contact us by writing to [email protected] with the subject “Reactivation of Profile”.

9. Limitations of responsibility

The activity undertaken by the Company in the scope of Services consists exclusively in the offering of a web portal where Users can enter into contact with each other. In particular, the User recognizes that mbhagwanlal.beginoninternet.com is not an “auctioneer” in the traditional sense of the term: the Site is simply a place where anyone can publish an offer or request, or display their profile, at any time, from any Internet station, in any location, and with different means.
The Company, therefore, has no checking functions, and neither is it active in the same area of expertise as Users, refusing all responsibility deriving from or connected to the relationship between Users, given that the Company remains entirely excluded from this relationship. Furthermore, the Company cannot verify the veracity and accuracy of offers, requests and published profiles.
Consequently, the Company, with reference to the provision of services requested/offered via the Site, is in no way a contractual party, either implicitly and/or indirectly, between the User and/or third parties.
The Company bears no responsibility, and, consequently, cannot be held responsible for any profile or any of the following (which constitutes an illustrative and not comprehensive list):
•    the veracity and accuracy of Content uploaded by Users on the Site;
•    offers/requests published on the Site;
•    the veracity of information and data, including personal data, inserted by the User, any violation of third party rights, including the violation of patents, trademarks, secrets, author rights or other rights relating to industrial and/or intellectual property, or a lack of adherence to any legal regulations applicable to the operations carried out via the Site and therefore financial and non-financial damage suffered by Users or third parties in connection with any activities tied to use of the Site.
The Company can also not be held responsible in any way for:
•    any loss of commercial reputation or goodwill, profit or data, whether this is deemed direct or indirect or consequential;
•    any loss or damage – whether direct, indirect or consequential – that Users may suffer as a result of:
o    any trust placed in the expertise, correctness or existence of any Content published by Users of the Site;
o    any modification that the Company can make to the Site or its Services, or for any temporary or permanent interruption to the provision of these;
o    the deletion, corruption or failed saving of any Content, as well as the communication of data, kept or transmitted, by or via the use of the Services on the part of the User;
o    a failure to send precise information on the part of the User;
In any case it is understood that any responsibility borne by the Company with regards to (i) the User or third parties cannot in any case exceed the Fee paid by the User in the previous 12 (twelve) months.

 

 

10. Indemnity

In accepting the General Conditions, the User commits to indemnify and hold harmless the Company, as well as exponents of the Company and all companies of the Group and their exponents, from any claim and/or demand and/or compensation request, including legal fees, caused and/or deriving from the offer and/or execution of services as well as the violation of these General Conditions or the violation of any applicable regulation and law or third party rights.

11. Interruption of Services

Access to the Site may be temporarily disrupted in the case of technical problems or to ensure its maintenance. Where possible, communication regarding such interruptions will be given on the Site. At any moment, the Company may carry out improvements and/or changes to the Site and Services where this is deemed necessary for technical reasons or to comply with regulations in force. The Company reserves the option to cease, either wholly or partially, the provision of Services at any time and with a reasonable notice with the aim of allowing Users to complete services that are already underway. In this case, the Company will give prompt communication to Users via email and notice upon the Site.

12. Intellectual property rights

The Company is the sole owner of the “mbhagwanlal” brand and the domain names mbhagwanlal.beginoninternet.com.it and plasticare.biz (hereafter collectively referred to as “Domain Names”). No use of the mbhagwanlal.beginoninternet.com brand and Domain Names is permitted without written authorization by the Company. The Company is the sole owner of all intellectual and industrial property rights relating to the Site, including – by way of example – content, texts, images, databases, know-how, software,  as well as data and information contained within or connected to the Site that is not Content (hereafter “IP mbhagwanlal.beginoninternet.com”). The Company does not concede any license to Users relating to IP mbhagwanlal.beginoninternet.com. The User understands that, with the exception of operations strictly necessary for the fruition of Services, the reproduction, duplication, copy, sale, framing and/or scraping, resale, or exploitation in any form of the whole Site or parts of the Site, either in return for a free or for free, for private or commercial aims, is forbidden without the prior written authorisation of the Company and will be considered for all legal purposes a violation of legislation regarding intellectual and industrial property. All use of the Site for aims and/or via means other than those indicated in these General Conditions will be considered unauthorized by the Company. The Company reserves the right to prosecute all unauthorized use, or use that is in any way contrary to law, in the most suitable court of law.

13. Connections with third party websites

The Company bears no responsibility for content created or published on the sites of third parties to which the Site has a hyperlink (“Link”). The Company does not check such Links and is not responsible for their relative content or their use. The presence of Links on mbhagwanlal.beginoninternet.com does not imply any acceptance on the part of the Company of the material published on such websites or any other relation between the Society and the manager of these websites. Users who decide to visit a website connected to the Site do so of their own volition, assuming the responsibility of taking all necessary measures against viruses or other malware.

14. Privacy Policy

The Company will continue to process the personal data of Users in compliance with the legislation regarding privacy as defined in detail in the information note regarding the processing of personal data, entitled “Privacy Policy”, available on the relevant section of the Site. In the case of any complaints, please use the following email address: [email protected] it

15. Autonomy of the parties

The Company is autonomous and independent of Users who make use of the services offered via the Site. The use of Services on the part of Users does not entail the creation of any relationship, including but not limited to collaboration, agency, brokerage association, or wage labor between the Company and the User.

16. Auto-recharge Terms and Conditions

In using the “Auto-recharge” option, you accept these terms of use. The terms and conditions and the Privacy Policy of mbhagwanlal apply in their entirety unless explicitly stated otherwise in this document. Where these Conditions of Use for fast payments made with Auto-recharge are in conflict with PlastiCare’s Terms of Use or the Information Note on privacy, the Conditions of use detailed in this document will apply. In acquiring credits with the Auto-recharge option, you authorize PlastiCare to charge you, via the payment method chosen by you at the moment of acquisition, for the cost of the package with Auto-recharge at a fixed price that corresponds to the price paid when you purchased your first package with Auto-recharge. You understand that the Auto-recharge procedure allows you to send a quote when you do not have sufficient credits, acquiring them at the above-mentioned fixed price and in an automatic manner. Thus, you will also pay in the fastest way possible, as you do not need to access the payment page to complete the acquisition. You can modify your preferred payment method or revoke this authorization at any time by accessing the “Cards and Payments” section of your Account.

16.1.    Overview

By choosing the “Auto-recharge” option, when you no longer have sufficient credits, you don’t have to worry about purchasing a package – you simply need to respond to the request and we will automatically recharge the selected package, debiting your saved credit card (or debit card) or your associated PayPal account with the cost of the package with Auto-recharge selected at the moment of your first acquisition, including the “Auto-recharge” option. All purchases on PlastiCare are definitive and non-refundable.

16.2. When you will be debited with costs

With Auto-recharge, you will be debited the cost of the package again only when you respond to a request for which you do not have sufficient credits; in this way, credits on your profile will be automatically recharged. The acquisition will take place automatically, which will allow you to recharge your credit balance and therefore allow you to send the desired response.

17. Final regulations

If one or more of the regulations within these General Conditions is declared either wholly or partially invalid or ineffective for any reason, it will be severable and will not impact upon the validity or execution of the General Conditions in their entirety or any other clause or regulation. In accordance with these General Conditions, communications requested will be carried out via registered letter or electronic email to the addresses given by the User at the time of Registration. Any tolerance on the part of the Company regarding User behavior that violates the regulations detailed in these General Conditions does not constitute a renunciation of either the rights deriving from the violated regulations, or the right to demand complete adherence to all the terms and all the conditions detailed here. It is understood that for Users who register with the Site, the guideline provided for the consumer by the Legal Decree of 6th September 2005, no. 206, as well as its subsequent modifications and additions, is not applicable – especially with reference to exercising the right to withdrawal in the case of the acquisition of Credits, as detailed in article 5.2 of these Terms and Conditions. Indeed, the User uses the Services offered by the Site for purposes connected to entrepreneurial, commercial, artisanal or professional activities that may be undertaken, and is not, therefore, by explicit legislation, covered by the term ‘consumer’, to which the so-called Consumer Code applies. 

18. Applicable law

These General Conditions are regulated by Italian law.

19. Resolution of disputes

In the case of disputes between the User and the Company arising from these General Conditions, our objective is to provide neutral and economically advantageous tools for resolving disputes quickly. Consequently, in such cases, we invite you to contact us first of all, with the aim of amicably resolving any dispute that has arisen or is arising. In any case, where it is not possible to resolve such disputes amicably, the Company guarantees, henceforth, full adhesion to and acceptance of the RisolviOnline settlement service. RisolviOnline is an independent and institutional service, provided by the Arbitration Panel of the Milan Chamber of Commerce, which allows us to reach a satisfying agreement with the help of a neutral and expert mediator, in a friendly and safe way, online. For further information on the regulation send a request for conciliation, go to mbhagwanlal.com. Without prejudice to the applicability of mandatory regulations of law for the protection of consumers, any dispute not relating to consumers or to consumers/users who are not resident in the European Union or in Iceland, Liechtenstein or Norway, but which is nevertheless connected to these General Conditions, which cannot be resolved in one of the ways indicated in the previous paragraph, will be devolved to the exclusive jurisdiction of the court of Milan.

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