Terms of Use
UltraTech Trade Connect (https://ultratechtradeconnect.com) ("Platform") is a web based & mobile application designed, developed, and maintained by UltraTech Cement Limited ("UltraTech/ We/ Us") for its authorised dealers (known as "User/s" or "Dealers" and more particularly defined hereinbelow) for the Services as defined hereinbelow.
Please read these Terms of Use which, together with the Privacy Policy, disclaimers and any other policies incorporated by reference or issued from time to time (including any amendments, modifications or changes thereto) along with disclaimers and terms published (collectively "Terms") that govern Your use of Platform.
These Terms are a legally binding contract between us, UltraTech Cement Ltd. of B-Wing, Ahura Centre, 2nd Floor, Mahakali Caves Road, Andheri East, Mumbai, Maharashtra - 400093, India and You.
Unless the context otherwise requires, Users means authorised dealers of UltraTech who are appointed by UltraTech for sale of goods manufactured by UltraTech and have registered themselves on the Platform for availing the Services and all persons who use, access, browse the Platform in any manner.
These Terms may be updated by us, from time to time with or without specific intimation to you. Your continued use of the Platform following the posting of the updates / modifications to the Terms will be considered your deemed acceptance of the revised Terms. These Terms apply in addition to terms and conditions of service agreement and any other terms and conditions that UltraTech may ask you to accept for continuing business relation. It is your responsibility to review the Terms frequently for any updates / modifications to the Terms.
By using the Platform, You agree and acknowledge that (i) You are a User; (ii) You have the authority to enter into these Terms; (iii) You have read all the Terms; and (iv) You agree to be bound by all the Terms.
If You do not agree to be bound by the Terms, You are advised not to proceed to access, browse, offer, order and/or use the Platform in relation to Services. The terms and conditions contained in this Terms shall be accepted without modification. The continued access, browsing and use of the Platform and/or the Services would constitute acceptance of the terms and conditions of this Terms.
This document is an electronic record in terms of Information Technology Act, 2000 ("IT Act, 2000") of India, or any other prevailing law, the applicable rules thereunder and the provisions pertaining to electronic records in various statutes as amended by the IT Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access to or usage of the Platform.
1. Eligibility:
a) The Platform and/or the Services are available only to Users who can form legally binding contracts under Indian Contract Act, 1872 ("Contract Act"). Persons who are "incompetent to contract" within the meaning of the Contract Act including minors, un-discharged insolvents etc. are not eligible to use the Platform. By using the Platform or the Services, You represent and warrant that:
(i) You are at least eighteen (18) years of age and are not disqualified from contracting by law;
(ii) You are entering into these Terms out of Your own free will and consent;
(iii) You are an Indian citizen and a legal resident of India;
(iv) Your use of the Platform and Services availed through it do not violate any applicable law and regulation of India.
b) If You register on behalf of a business entity, You represent that You are duly authorized by the business entity to accept the Terms and You have the authority to bind the business entity to the Terms in accordance with the applicable laws.
2. User Account, Profile and Security:
a) To provide/avail any of the Services or access the Platform, You are required to register for an account on the Platform by providing Your mobile number or, if You are a legal entity, the mobile number of Your authorised representative. Following registration, You will be prompted to provide additional information about Yourself and Your business. You agree to provide true and correct information about yourself as prompted on the Platform. You agree and understand that You will not be able to avail Services through the Platform without providing the information requested upon registration.
b) You can also authorise your staff or family member for registering on the Platform. If any staff of family member registers on your behalf, then all the terms and conditions as stated under these Terms of Use shall apply. It is further clarified and agreed that You shall be responsible and accountable for all the activities of your staff or family member on the Platform.
c) If You register on the Platform, or if You otherwise provide information on the Platform, You agree to (i) provide true, accurate, correct and complete information about Yourself and Your services as prompted by the Platform including information reflected on Your User profile, and (ii) maintain and promptly update such information to keep it true, accurate, correct and complete. If You provide any information to UltraTech that is false, misleading, inaccurate, outdated or incomplete, or UltraTech has reasonable grounds to suspect that such information is false, inaccurate, misleading, outdated or incomplete, UltraTech reserves the right to suspend or terminate Your account and/or to prohibit any and all present or future use/dissemination of the Services (or any portion thereof) by You, without any notice/ intimation to You.
d) When You register an account on the Platform:
(i) You will receive a one-time-password (OTP) on the contact number provided by You, for the purpose of verification;
(ii) Upon verification of the information provided, You will be provided with a User account;
(iii) You are responsible for maintaining the confidentiality of Your account and are fully responsible for all activities that occur through Your account. You undertake not to share Your phone number and/or any other details required to log into Your account, including the OTP received on Your phone number, with any other person for their use of the Platform. You agree to immediately notify UltraTech of any unauthorized use of Your account or any other breach of security and UltraTech will not be held liable for any loss and damage caused to You due to any unauthorised use of Your account.
(iv) You agree to get periodic SMS alerts, WhatsApp texts and/or e-mails from UltraTech in relation to the following:
a. Update, amendment, change in the Terms;
b. Specific Services availed through the Platform;
c. Promotional messages including offers, updates on new services and promotions.
(v) UltraTech cannot and will not be liable for any loss or damage arising from misuse of your account or information therein, because of your failure (including negligence, act of omission and commission) to comply with the requirements under this section.
(vi) UltraTech recommends that You exit or log out from Your account at the end of each session if using a public computer. UltraTech cannot and will not be liable for any loss or damage arising from misuse of Your account or information therein, because of Your failure to comply with the requirements under this section.
e) If You have any security related concerns, please contact Support at ultratech.care@adityabirla.com
f) We reserve the right to:
(i) Make all decisions in relation to inter alia Your registration with UltraTech;
(ii) Request additional documents and additional information from You for the purpose of Your registration as a User with the Platform.
g) While UltraTech shall make reasonable endeavours to maintain generally accepted standards of security and shall provide the Services by using reasonable efforts, UltraTech shall not be liable for any interruption that may be caused to Your access or use of the Services.
h) UltraTech reserves the right at all times, to monitor your activities on the Platform, collect and process the data/details provided by you on the Platform and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at its sole discretion.
3. Use of the Platform :
a) The Platform offers following Services to its Users:
(i) For maintaining/updating Your profile details;
(ii) Announcements, updates on UltraTech products, solutions, schemes, offers, rewards etc;
(iii) Placing of orders by You & invoice in relation to same;
(iv) Tracking summary of orders placed by You;
(v) For providing EPOD (electronic proof of delivery) and User confirmation in respect of delivery of order;
(vi) Sales information of User & retailer;
(vii) Tracking detailed performance report of individual retailers and influencers of a particular User like Month To Date (MTD), Year To Date (YTD), last active date, sales trends, targets achieved etc.;
(viii) Tracking User's accounting information with UltraTech such as credit limit, outstanding, cash discount, balance confirmation, payment history etc.
(ix) Enabling User to maintain details of retailers & influencers (such as contractors, engineers, masons etc.) by adding his profile details such as name, gender, category etc.;
(x) Providing details / leads of customers or individual home builders visiting User's store and interested in purchase or enquiry of products or technical services offered by UltraTech ("Lead Referral Services");
(xi) Submitting service request with UltraTech for and on behalf of customers or individual home builders;
(xii) Tips & tools;
(xiii) Submitting leads ("Financial Lead Referral Services") of customers or individual home builders who wish to avail financial services through UltraTech and tracking its status;
(xv) Learning Videos & Articles: The Website contains general information on construction products, practices and such related information. For this purpose, Users have access to a wide range of educational videos and articles on the Website. Any informational videos and/ or information contained on the Website are provided on best efforts basis and is only a subjective guide. Such information does not constitute the rendering of technical, legal, or other professional advice or services. Information shared through the Website should not be relied upon or used as a substitute for consultation with professional advisors. UltraTech also does not guarantee any periodical review of content nor does it make any representation or warranties with respect to accuracy, applicability, fitness or completeness of contents of video or information on the Website. UltraTech disclaims all liabilities to User for any loss caused by errors, omissions, incomplete nature of the collection of information provided on the Website or contents of the videos.
b) When you access/use the Platform, you consent to be contacted by our authorised representatives including our customer support representatives.
c) The Services listed above are not comprehensive but merely indicative in nature. UltraTech may provide additional Services on the Platform from time to time, as may be relevant.
d) Platform also provides an option/ facility to you, whereby, you will be redirected to third party links or websites of banking channels to make online payments towards any pending dues against UltraTech. It is hereby clarified & agreed that the Platform does not collect any payment on the Platform. If You use any of these links, You may be directed / redirected to such external websites. If You decide to visit any such external link, You agree to do so at Your own risk, responsibility and liability.
e) UltraTech shall not be responsible if a payment made by a User is not registered or is lost due to any network problems such as breakdown of machinery, unclear/ disruption in the network or non-receipt of payment from banks/payment gateways and/or the cost(s) charged by the network operator(s) or for loss or misuse of any information such as Your account details, passwords etc. by third party payment gateway aggregators and financial institutions. Any dispute in connection to the same shall be settled between the User and the network operator.
4. For Financial Lead Referral Services and/or Lead Referral Services, following conditions are applicable:
UltraTech provides lead generation and referral services platform, whereby, Users can refer potential leads interested in availing financial services through UltraTech's financial partners and /or purchase of UltraTech products & services through UltraTech or it partners.
Whenever an individual visits a User Store, User is encouraged to recommend/promote the financial services and products & other services offered by UltraTech directly or through its financial partners. User can raise an individual's request to avail product or service by entering such individual's information into the Platform including particulars of their request ("Service Request/Lead"). While recommending/promoting the financial services offered through the Platform, the User shall be governed by the following terms:
I. Scope of Service
i. User shall:
a) Identify a potential customer;
b) Recommend/ promote financial services feature to potential customer;
c) Inform about UltraTech's products and services to potential customer;
d) obtain details (i.e. name, contact, address details, etc.) of the Lead/s that shows interest for the financial services/ products & services and record the same in the following manner / update the same on the Platform for forwarding the same to UltraTech;
e) obtain consent/permission from Lead to share and forward its details for availing financial services and/or buying UltraTech products and/or availing services;
f) answer the preliminary queries raised by customer/Lead relating to financial services / UltraTech products and/or services and give proper guidance. It is clarified that where the customer/ Lead seeks detailed assistance/guidance on the financial services / UltraTech products and/or services, then the User shall redirect such customer/ Lead to UltraTech;
g) seek prior written approval of UltraTech before performing any activity for promoting financial services / UltraTech products and/or services;
h) furnish all the details of the Leads in such format and at such intervals as may be communicated in advance by UltraTech from time to time. User shall not claim any rights on the Leads including but not limited to right to sell or process to any third party as the same is confidential in nature;
i) have no role in processing (i.e. rejecting or accepting) any Lead or grant or recovery of any amount (including any interest or penalty thereon) to/from the Lead. User's role under this arrangement is only limited to collecting Service Request/ Lead and forward the same to UltraTech which shall thereafter be acted upon by UltraTech or its authorised partners.
ii. User agrees and acknowledges that UltraTech shall at its sole and absolute discretion, process (reject or accept) any Lead that is forwarded to it by the User, without assigning any reasons thereof and such decision shall be binding on the User and shall not entitle the User for any fee, compensation or claims of any nature whatsoever.
iii. The User agrees and acknowledges that the arrangement between UltraTech and the User is on a non-exclusive basis and principal to principal basis.
iv. The User agrees and acknowledges that UltraTech shall not be considered or represented as a broker, loan facilitator or an agent under applicable laws.
v. Nothing under these terms or otherwise shall entitle the User to make any representations or warranties or commitments or obligation on behalf of UltraTech or financial partners or entitle User to enter into contracts or arrangements or understanding for or on behalf of UltraTech or its financial partners respect of financial services. User hereby agrees that any such representation or contract or arrangement shall not be binding on UltraTech or financial partners and shall amount to material breach of these Terms and lead to termination.
II. Obligations of User:
(i) User shall perform the following obligations:
a) represent to the customer/ Lead that it is collecting details of the Lead on behalf of UltraTech who shall act upon it;
b) clearly explain to customer/ Lead, the scope/process/purpose of lead collection including the process of forwarding the details of Lead to UltraTech;
c) provide true, complete and accurate details of Leads on the Platform without any concealment;
d) clearly communicate to the customer/ Lead that for availing financial services / buying UltraTech products and/or services through Platform, customer/Lead has to expressly agree with the consent and Privacy Policy and User Terms of UltraTech which will be communicated/shared to/with Lead by UltraTech as required under applicable law;
e) clearly communicate to the customer/ Lead that for availing financial services, the information provided by the Lead shall be shared with UltraTech and financial partners and that the Lead agrees to authorise User and UltraTech to share such information with financial partners for purpose of availing financial services;
f) clearly communicate to customer/ Lead that providing UltraTech products and/or services shall be at the sole discretion of UltraTech;
g) follow the guidelines and process (if any) as amended /issued from time to time by UltraTech regarding implementation of these Terms;
h) forward only those Leads to UltraTech through the Platform for which the consent has been obtained in the manner as prescribed under applicable law;
i) prevent unauthorised or unlawful processing of any information received from Leads;
j) ensure that User's conduct under this Terms does not result in any loss, monetary and otherwise, to UltraTech.
(ii) User shall not carry out the following activities:
a) at any time publish or advertise either in the newspapers, magazines, booklets, brochures, pamphlets, media (including social media) or in any other form by using the name of UltraTech or its trade mark or logo or label or brand without prior written consent of UltraTech;
b) in any manner whatsoever claim or represent itself to be the employee/partner/agent of UltraTech and that the relationship between UltraTech and user under this Terms shall be strictly on a principal to principal basis;
c) call/message the Lead for making any offer, representations, or promotions in respect of financial services or even otherwise. User agrees and acknowledges that its role is only limited to collect and forward the Leads to UltraTech and thereafter only UltraTech or financial partners shall have right to contact the Lead for the purpose of offering financial services;
d) mislead the customer/ Lead on any service / product offered;
e) make any statement / representation / warranty / promise or assurance to customer/ Leads on behalf of the UltraTech beyond what is contained in the brochures or catalogues or standard operating procedure as issued by UltraTech and/or what is allowed/permitted as per the terms herein;
f) charge or accept any payment/consideration/fees/charges (directly or indirectly or in any form) from any Lead/ potential lead in the name of User, its employees, associates or UltraTech relating to financial services;
g) retain/misuse the information shared by customer/ Lead and it shall only feed such information directly on the Platform. Further, User shall not share such information with any third parties other than UltraTech;
h) raise any lead request that is not genuine;
i) contact the Lead or utilise Lead information shared with UltraTech to sell any other product or service other than the purpose as mentioned under these Terms;
j) commit or warrant customer/ Lead anything on behalf of UltraTech, in particular any commitment that Financial Services will be offered;
k) do any act/deed or carry out unlawful or illegal activities;
l) do not do anything that would tarnish or affect the reputation or brand name of UltraTech or cause libel or defamation to UltraTech, or any of its directors, officers, agents or employees.
(iii) In the event, User does any of the prohibited activities as stated hereinbelow, UltraTech shall not be bound by the same and shall be entitled to terminate this agreement.
III. Obligations of UltraTech
UltraTech shall:
a) provide product & service information to User as may be relevant, from time to time and which is considered appropriate by UltraTech;
b) in its sole discretion, reserves the right to refer/process/ reject and is not bound to process all the Leads to its financial partners without assigning any reasons.
IV. Representations & Warranties of User:
User represents and warrants that:
a) it shall maintain high professional standards in relation to its duties and obligations under this Terms;
b) it shall ensure reasonable standards of care and skill in performing its obligations under this Terms;
c) it's role under this arrangement is only of a facilitator i.e. to collect and forward Leads;
d) the services referred to herein is exclusively for the benefit of customers/Leads of the Platform;
e) all obligations and duties as stated hereunder are binding on User.
f) UltraTech shall not be held responsible/liable for any misrepresentation or wrong or incorrect information provided by User or for any loss that UltraTech may suffer in the event User breaches any of the obligations as stated under these Terms.
g) it shall be responsible for all acts or omissions of its personnel.
5. User Conduct:
a) All activities on your account or an account managed in your name are your responsibility. As a responsible member of the UltraTech family, You should not use the Platform:
(i) for any purpose that is unlawful, illegal or forbidden by law;
(ii) for any purpose other than as stated under Section 3 of the Terms;
(iii) to send communications containing unsolicited / unauthorized/misleading advertisements, promotions or marketing material;
(iv) that may result in infringing any patent, trademark, copyright, or other proprietary rights of UltraTech or any third party;
(v) that may result in harm to the reputation of or disparage UltraTech;
(vi) in any manner other than as agreed in the Terms.
b) When you use the Platform, you specifically undertake not to host, display, upload, modify, publish, transmit, update or share any content, through the Platform and otherwise, that:
(i) belongs to another person and to which you have no right;
(ii) is grossly harmful, harassing, blasphemous, defamatory, discriminatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.
(i) harms minors in anyway;
(ii) infringes any patent, trademark, copyright, or other proprietary rights;
(iii) violates any applicable laws;
(iv) deceives or misleads the addressee about the origin of such messages or communicates any information that is grossly offensive or menacing in nature;
(v) impersonates another person;
(vi) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource;
(vii) threatens the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
6. Intellectual Property:
a) Rights of UltraTech
(i) You acknowledge and agree that all the rights, title and interests in the Platform, including UltraTech's compilation of information, images, videos and all the intellectual property rights therein or related thereto are solely and absolutely owned by UltraTech or its licensor. All such rights, title and interests shall continue to vest with UltraTech or its licensor.
(ii) All intellectual property including in relation to the domain name https://ultratechtradeconnect.com, any trademarks, logos, images, videos and other content available on the Platform belongs exclusively to UltraTech or its licensors. Through your use of the Platform, by no means is any proprietary right in any intellectual property impliedly or expressly granted by UltraTech to you. UltraTech reserves all rights not expressly granted to the User under these Terms.
b) Your Rights
(i) UltraTech grants Users a limited, royalty-free right to use the Platform only for non-commercial purposes.
(ii) Unless explicitly stated or otherwise authorised by UltraTech, you agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the domain name https://ultratechtradeconnect.com and the content on the Platform, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.
7. Third Party Sites / Content:
a) The Platform may provide links or direct you to various third party websites. If you use any of these links, you may be directed / redirected to such external websites.
b) If you decide to visit any such external link, you agree to do so at your own risk, responsibility and liability. UltraTech does not endorse any website linked to the Platform or the information appearing therein. You agree that UltraTech is in no way responsible for the accuracy, timeliness or completeness of information/content that it may obtain from these Third Parties Sites. You are advised use your own judgment while using the Third Party Sites.
c) Any display of Third Party Sites on the Platform does not in any way imply, suggest, or constitute any reputation, sponsorship, endorsement or approval of UltraTech on such Third Party Sites.
d) Use of such third-party links shall be governed by a separate agreement between you and such third party. UltraTech will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any refunds, exchanges, personal injuries, death, property damage, or other damages or expenses resulting from interactions of the User with such third parties or from availing any goods / services from such third parties.
8. Feedback:
a) Your feedback is important to us. Users can provide feedback, suggestions, and ideas about our Services ("Feedback"). When providing Feedback, you agree to adhere to the terms mentioned in Section 5 above. Users agree that UltraTech may, in its sole discretion, use the Feedback you provide to UltraTech in any way, including to make future enhancements and modifications to the Services. You hereby irrevocably, absolutely and perpetually assign to UltraTech and its assigns rights, title and interests in the Feedback in lieu of the Services provided in the worldwide territory. You waive any rights that you may have in such Feedback, including under the provisions of Section 19(4) of the Copyright Act, 1957 of India or any other similar provision under any law or any jurisdiction. To the extent any assignment of the Feedback and the rights therein cannot be made to UltraTech, you grant to UltraTech and its assigns a perpetual, worldwide, fully transferable, sub licensable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner for any purpose, in any mode or media of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party. You waive any reversionary rights you may have under Section 30 A of the Copyright Act, 1957 or any other similar provision under any law in relation to the intellectual property rights in the Feedback so licensed.
9. Suspension and Deactivation:
a) UltraTech reserves the right to suspend, limit access, completely deny access to the Platform or any portion thereof, without notice and for any reason including, without limitation, non-compliance with these Terms and remove content without prior notice if such content is in violation of any law in force in India.
b) UltraTech may also be required to supply relevant User details and data to the applicable authority, regulator, court or other third parties including to comply with applicable laws or court orders/judgments. If investigations are ongoing and unresolved issues remain, then UltraTech will continue to suspend the User. UltraTech also reserves the right to initiate appropriate civil or criminal action against you in the event of violation of these Terms or applicable laws. UltraTech will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities.
c) Upon suspension of the User account, regardless of the reason(s), all licenses granted to you hereunder will immediately cease and your right to use the Platform immediately ceases. UltraTech shall not be liable to you or any third party for any claims or damages arising out of any suspension of your user account or any other actions taken in connection with such account suspension.
d) Deactivation of user account by You
i. You may also deactivate your user account by writing to UltraTech at ultratech.care@adityabirla.com. Should You wish to resume using the Platform, You will be required to reactivate the existing account at any time by writing to UltraTech at ultratech.care@adityabirla.com or raising request to our Call Centre at 1800-210-3311.
ii. Upon deactivation, all licenses granted to you hereunder will immediately cease and your right to use the Services reserved for registered Users on the Platform immediately ceases. UltraTech shall not be liable to you or any third party for any claims or damages arising out of any deactivation of your user account or any other actions taken in connection with such account deactivation.
10. Representation and Warranties
You hereby represent and warrant:
a) You have all requisite power and authority to execute and perform in accordance with these Terms;
b) These Terms constitute legal, valid and binding obligation on you;
c) The execution and performance of the Terms does not in any way conflict or violate any provision of law, rule, judgment, order or any other contract applicable to you.
11. Personal Information and Data Security:
a) UltraTech may collect, store, use, process and transfer to authorised service provider, your information as provided on the Platform, or information provided by you during the course of your use of the Platform, including your personal information that shall be governed by the applicable data protection laws and Privacy Policy.
b) For more information on the security measures and systems that UltraTech has in place for the protection of personal Information collected from you on the Platform, kindly refer to our Privacy Policy. Acceptance of these Terms shall deemed to be acceptance of Privacy Policy.
12. Indemnity:
a) Users agree to defend, hold harmless and indemnify UltraTech and, subsidiaries, associates, affiliates and of UltraTech from and against any and all losses, costs, expenses, damages or other liabilities incurred from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party, due to or arising out of or in connection with (a) your use of the Platform and/or (b) your breach of any provision of the Terms and/or (c) any fraud, negligence, wilful misconduct or intentional wrongdoing on your part.
b) If you are using this Platform on behalf of any legal entity, then you and the legal entity shall be jointly and severally be responsible to indemnify us, our affiliates, directors, agents and employees, harmless against any and all cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against us, our affiliates, directors, agents and employees, due to or arising out of or in connection with your use of the Platform; or your breach of any provision of the Terms; or any negligent or intentional wrongdoing by you on the Platform.
c) You shall not settle or compromise any such matter in respect of which any indemnity claim arises without our prior written consent. UltraTech shall be entitled to participate in such defence through our own counsel at your cost and expense.
13. Disclaimers:
a) We exclude all representations and warranties relating to (i) the Platform, content on the Platform; (ii) third party links or other sources provided on the Platform; (iii) Services on the Platform. UltraTech makes no warranty or representation that any errors in the Platform will be corrected.
b) UltraTech does not make any warranties or representations regarding the use of the materials in the Platform in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
c) During provision of the Services, UltraTech does not endorse any views expressed on the Platform and does not influence control over any particular theory, opinion, ideology, doctrine, viewpoint or position on any topic. Availing any Services and/or relying on any advice or suggestions given through the medium of the Platform is the discretion of the User and UltraTech disclaims all liabilities in this regard.
d) While availing any services offered by UltraTech, you agree and acknowledge that the services are offered on best effort basis and UltraTech makes no representations, warranties, guarantee, as to the accuracy, suitability, timeliness, or quality of their as provided by UltraTech technicians or advisors. Users should seek independent professional advice in relation to same.
e) The Platform is provided on a "AS IS" and "AS AVAILABLE" and "with all faults" basis with no representations or warranties whatsoever. UltraTech shall not be liable for any network, technical or other operational difficulties or problems which may result in loss of your data, monetary loss, personalization settings or other interruptions in the features offered on the Platform. UltraTech shall also not be liable for the deletion, loss, mis-delivery, timeliness or failure to store or transmit any features or other aspects of the Platform, content on the Platform or your personalization and / or User account settings.
f) The Platform may be unavailable or be interrupted owing to upkeep and maintenance or for reasons beyond our control and thus we do not make any representation that the Platform will be uninterrupted.
g) We shall have no responsibility for any damage to your computer system(s), loss of data that results from the use of the Platform.
h) UltraTech is not liable for any loss suffered due to reasons beyond the control of UltraTech.
14. Limitation of Liability:
To the fullest extent permitted by law, UltraTech is not and will not be liable for any direct, indirect, remote, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill) arising out of or in connection with the Platform or Services, even if UltraTech has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation to damages due to: (a) the use of or the inability to use the Platform or (b) for any Services or (c) conduct of any User on the Platform; (d) unauthorized access to or alteration of transmissions or data, (e) malicious or criminal behaviour, or false or fraudulent transactions (e) technical or other operational lapses on the Platform.
15. Relationship:
a) These Terms does not create the relationship of employer - employee, principal and agent, joint ventures, or partners between the Users and UltraTech, and in no circumstances, Users shall be considered as agent or employee of UltraTech.
b) Your use of the Platform does not in any manner makes UltraTech responsible or liable for performance of Services by You. UltraTech disclaims all liabilities in this regard.
16. Governing Law & Jurisdiction:
These terms of use shall be governed by and construed in accordance with the Laws in India. Any dispute arising under these Terms of Use shall be subject to the exclusive jurisdiction of the courts in Mumbai.
17. General Provisions
a) Entire Agreement: The Terms constitute an entire, valid and binding agreement between you and UltraTech and governs your access and use of the Platform.
b) Binding Nature: These Terms shall be binding upon you and UltraTech.
c) Severability: If one or more of the provisions contained in the Terms is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.
d) Waiver: The failure of either party to exercise any right provided for herein shall not be deemed a waiver of any further right hereunder.
e) Assignment: Your relationship with UltraTech is a personal arrangement. You may not assign or sub-license, without the prior written consent of UltraTech, the rights, duties or obligations under the Terms, in whole or in part, to any person or entity. UltraTech may assign or sub-license in whole or in part any of its rights, duties or obligations under the Terms to any of its affiliates.
18. Contact Us
If you have any questions or concerns regarding the Terms of Use or use of Platform, please contact us at ultratech.care@adityabirla.com or 1800-210-3311. Our authorised representatives may reach out to you to answer your queries and/or address your concerns.
The Version of this document is TOU/UTC/02. This Terms of Use were last updated on: 14th January, 2022.
UltraTech Trade Connect (https://ultratechtradeconnect.com) ("Platform") is a web based & mobile application designed, developed and maintained by UltraTech Cement Limited ("UltraTech/ We/ Us") for its authorised retailers (known as "User/s" or "Retailers" and more particularly defined hereinbelow) for the Services as defined hereinbelow.
Please read these Terms of Use which, together with the Privacy Policy, disclaimers and any other policies incorporated by reference or issued from time to time (including any amendments, modifications or changes thereto) along with disclaimers and terms published (collectively "Terms") that govern Your use of Platform.
These Terms are a legally binding contract between us, UltraTech Cement Ltd. of B-Wing, Ahura Centre, 2nd Floor, Mahakali Caves Road, Andheri East, Mumbai, Maharashtra - 400093, India and You.
Unless the context otherwise requires, Users or Retailers means authorised retailers of UltraTech who buy goods manufactured by UltraTech by placing order through authorised dealers of UltraTech (known as "Dealers") and have registered themselves on the Platform for availing the Services and all persons who use, access, browse the Platform in any manner.
These Terms may be updated by us, from time to time with or without specific intimation to you. Your continued use of the Platform following the posting of the updates / modifications to the Terms will be considered your deemed acceptance of the revised Terms. These Terms apply in addition to terms and conditions of service agreement and any other terms and conditions that UltraTech may ask you to accept for continuing business relation. It is your responsibility to review the Terms frequently for any updates / modifications to the Terms.
By using the Platform, You agree and acknowledge that (i) You are a User; (ii) You have the authority to enter into these Terms; (iii) You have read all the Terms; and (iv) You agree to be bound by all the Terms.
If You do not agree to be bound by the Terms, You are advised not to proceed to access, browse, offer, order and/or use the Platform in relation to Services. The terms and conditions contained in this Terms shall be accepted without modification. The continued access, browsing and use of the Platform and/or the Services would constitute acceptance of the terms and conditions of this Terms.
This document is an electronic record in terms of Information Technology Act, 2000 ("IT Act, 2000") of India, or any other prevailing law, the applicable rules thereunder and the provisions pertaining to electronic records in various statutes as amended by the IT Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access to or usage of the Platform.
1. Eligibility:
a) The Platform and/or the Services are available only to Users who can form legally binding contracts under Indian Contract Act, 1872 ("Contract Act"). Persons who are "incompetent to contract" within the meaning of the Contract Act including minors, un-discharged insolvents etc. are not eligible to use the Platform. By using the Platform or the Services, You represent and warrant that:
(i) You are at least eighteen (18) years of age and are not disqualified from contracting by law;
(ii) You are entering into these Terms out of Your own free will and consent;
(iii) You are an Indian citizen and a legal resident of India;
(iv) Your use of the Platform and Services availed through it do not violate any applicable law and regulation of India.
b) If You register on behalf of a business entity, You represent that You are duly authorized by the business entity to accept the Terms and You have the authority to bind the business entity to the Terms in accordance with the applicable laws.
2. User Account, Profile and Security:
a) To provide/avail any of the Services or access the Platform, You are required to register for an account on the Platform by providing Your mobile number or, if You are a legal entity, the mobile number of Your authorised representative. Following registration, You will be prompted to provide additional information about Yourself and Your business. You agree to provide true and correct information about yourself as prompted on the Platform. You agree and understand that You will not be able to avail Services through the Platform without providing the information requested upon registration.
b) If You register on the Platform, or if You otherwise provide information on the Platform, You agree to (i) provide true, accurate, correct and complete information about Yourself and Your services as prompted by the Platform including information reflected on Your User profile, and (ii) maintain and promptly update such information to keep it true, accurate, correct and complete. If You provide any information to UltraTech that is false, misleading, inaccurate, outdated or incomplete, or UltraTech has reasonable grounds to suspect that such information is false, inaccurate, misleading, outdated or incomplete, UltraTech reserves the right to suspend or terminate Your account and/or to prohibit any and all present or future use/dissemination of the Services (or any portion thereof) by You, without any notice/ intimation to You.
c) When You register an account on the Platform:
(i) You will receive a one-time-password (OTP) on the contact number provided by You, for the purpose of verification;
(ii) Upon verification of the information provided, You will be provided with a User account;
(iii) You are responsible for maintaining the confidentiality of Your account and are fully responsible for all activities that occur through Your account. You undertake not to share Your phone number and/or any other details required to log into Your account, including the OTP received on Your phone number, with any other person for their use of the Platform. You agree to immediately notify UltraTech of any unauthorized use of Your account or any other breach of security and UltraTech will not be held liable for any loss and damage caused to You due to any unauthorised use of Your account.
(iv) You agree to get periodic SMS alerts, WhatsApp texts and/or e-mails from UltraTech in relation to the following:
a. Update, amendment, change in the Terms;
b. Specific Services availed through the Platform;
c. Promotional messages including offers, updates on new services and promotions.
(v) UltraTech cannot and will not be liable for any loss or damage arising from misuse of your account or information therein, because of your failure (including negligence, act of omission and commission) to comply with the requirements under this section.
(vi) UltraTech recommends that You exit or log out from Your account at the end of each session if using a public computer. UltraTech cannot and will not be liable for any loss or damage arising from misuse of Your account or information therein, because of Your failure to comply with the requirements under this section.
d) If You have any security related concerns, please contact Support at ultratech.care@adityabirla.com.
e) We reserve the right to:
(i) Make all decisions in relation to inter alia Your registration with UltraTech;
(ii) Request additional documents and additional information from You for the purpose of Your registration as a User with the Platform.
f) While UltraTech shall make reasonable endeavours to maintain generally accepted standards of security and shall provide the Services by using reasonable efforts, UltraTech shall not be liable for any interruption that may be caused to Your access or use of the Services.
g) UltraTech reserves the right at all times, to monitor your activities on the Platform, collect and process the data/details provided by you on the Platform and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at its sole discretion.
3. Use of the Platform:
a) The Platform offers following Services to its Users:
i. For maintaining/updating Your profile details;
ii. Announcements, updates on UltraTech products, solutions, schemes, offers, rewards etc.;
iii. Option to User for providing details / leads of customers or individual home builders interested in purchase or enquiry of products or services offered by UltraTech ("Lead Referral Services") and tracking its status;
iv. Order requests to Dealers & tracking of the order request/s;
v. Tracking summary of order requests placed by You;
vi. Sales information & performance report of User;
vii. Enabling User to maintain details of influencers (such as contractors, engineers, masons etc.) by adding his profile details such as name, gender, category etc.;
viii. offered by UltraTech;
ix. Tips & tools;
x. Raising product related query;
xi. Learning Videos & articles: The Platform contains general information on construction products, practices and such related information. For this purpose, Users have access to a wide range of educational videos and articles on the Website. Any informational videos and/ or information contained on the Website are provided on best efforts basis and is only a subjective guide. Such information does not constitute the rendering of technical, legal, or other professional advice or services. Information shared through the Website should not be relied upon or used as a substitute for consultation with professional advisors. UltraTech also does not guarantee any periodical review of content nor does it make any representation or warranties with respect to accuracy, applicability, fitness or completeness of contents of video or information on the Website. UltraTech disclaims all liabilities to User for any loss caused by errors, omissions, incomplete nature of the collection of information provided on the Website or contents of the videos.
b) When you access/use the Platform, you consent to be contacted by our authorised representatives including our customer support representatives.
c) The Services listed above are not comprehensive but merely indicative in nature. UltraTech may provide additional Services on the Platform from time to time, as may be relevant.
d) Platform also provides an option/ facility to you, whereby, you will be redirected to third party links or websites of banking channels to make online payments towards any pending dues against UltraTech. It is hereby clarified & agreed that the Platform does not collect any payment on the Platform. If You use any of these links, You may be directed / redirected to such external websites. If You decide to visit any such external link, You agree to do so at Your own risk, responsibility and liability.
4. For Lead Referral Services, following conditions are applicable:
UltraTech provides lead generation and referral services platform, whereby, Users can refer potential leads interested in purchase of UltraTech products and/or services through UltraTech or it partners.
User can raise an individual's request by entering such individual's information into the Platform including particulars of their request ("Service Request/Lead"). Leads generated by the User are unsolicited. While providing the Leads, the User shall be governed by the following terms:
I. Scope of Service
(i) User shall:
a) Identify a potential customer;
b) Inform about UltraTech's products and services to potential customer;
c) obtain details (i.e. name, contact, address details, etc.) of the Lead/s that shows interest for the UltraTech products and/or services and record the same in the following manner / update the same on the Platform for forwarding the same to UltraTech;
d) obtain consent/permission from Lead to share and forward its details for buying UltraTech products and/or availing services;
e) answer the preliminary queries raised by customer/Lead relating to UltraTech products and/or services and give proper guidance. It is clarified that where the customer/ Lead seeks detailed assistance/guidance on the UltraTech products and/or services, then the User shall redirect such customer/ Lead to UltraTech;
f) seek prior written approval of UltraTech before performing any activity for promoting UltraTech products and/or services;
g) furnish all the details of the Leads in such format and at such intervals as may be communicated in advance by UltraTech from time to time. User shall not claim any rights on the Leads including but not limited to right to sell or process to any third party as the same is confidential in nature;
h) User's role under this arrangement is only limited to collecting Service Request/ Lead and forward the same to UltraTech which shall thereafter be acted upon by UltraTech or its authorised partners.
(ii) User agrees and acknowledges that UltraTech shall at its sole and absolute discretion, process (reject or accept) any Lead that is forwarded to it by the User, without assigning any reasons thereof and such decision shall be binding on the User and shall not entitle the User for any fee, compensation or claims of any nature whatsoever.
(iii) The User agrees and acknowledges that the arrangement between UltraTech and the User is on a non-exclusive basis and principal to principal basis.
(iv) The User agrees and acknowledges that UltraTech shall not be considered or represented as a broker, facilitator or an agent under applicable laws.
(v) Nothing under these terms or otherwise shall entitle the User to make any representations or warranties or commitments or obligation on behalf of UltraTech or entitle User to enter into contracts or arrangements or understanding for or on behalf of UltraTech. User hereby agrees that any such representation or contract or arrangement shall not be binding on UltraTech and shall amount to material breach of these Terms and lead to termination.
II. Obligations of User:
(i) User shall perform the following obligations:
b) clearly explain to customer/ Lead, the scope/process/purpose of lead collection including the process of forwarding the details of Lead to UltraTech;
c) provide true, complete and accurate details of Leads on the Platform without any concealment;
d) clearly communicate to the customer/ Lead that for buying UltraTech products and/or services, the information provided by the Lead shall be shared with UltraTech;
e) clearly communicate to customer/ Lead that providing UltraTech products and/or services shall be at the sole discretion of UltraTech;
f) follow the guidelines and process (if any) as amended /issued from time to time by UltraTech regarding implementation of these Terms;
g) forward only those Leads to UltraTech through the Platform for which the consent has been obtained in the manner as prescribed under applicable law;
h) prevent unauthorised or unlawful processing of any information received from Leads;
i) ensure that User's conduct under this Terms does not result in any loss, monetary and otherwise, to UltraTech.
(ii) User shall not carry out the following activities:
a) at any time publish or advertise either in the newspapers, magazines, booklets, brochures, pamphlets, media (including social media) or in any other form by using the name of UltraTech or its trade mark or logo or label or brand without prior written consent of UltraTech;
b) in any manner whatsoever claim or represent itself to be the employee/partner/agent of UltraTech and that the relationship between UltraTech and user under this Terms shall be strictly on a principal to principal basis;
c) call/message the Lead for making any offer, representations, or promotions in respect of lead referral services or even otherwise. User agrees and acknowledges that its role is only limited to collect and forward the Leads to UltraTech and thereafter only UltraTech shall have right to contact the Lead for the purpose of offering UltraTech products and/or services;
d) mislead the customer/ Lead on any service / product offered;
e) make any statement / representation / warranty / promise or assurance to customer/ Leads on behalf of the UltraTech beyond what is contained in the brochures or catalogues or standard operating procedure as issued by UltraTech and/or what is allowed/permitted as per the terms herein;
g) retain/misuse the information shared by customer/ Lead and it shall only feed such information directly on the Platform. Further, User shall not share such information with any third parties other than UltraTech;
h) raise any lead request that is not genuine;
i) contact the Lead or utilise Lead information shared with UltraTech to sell any other product or service other than the purpose as mentioned under these Terms;
j) commit or warrant customer/ Lead anything on behalf of UltraTech, in particular any commitment that UltraTech products and/or technical services will be offered;
k) do any act/deed or carry out unlawful or illegal activities;
l) do not do anything that would tarnish or affect the reputation or brand name of UltraTech or cause libel or defamation to UltraTech, or any of its directors, officers, agents or employees.
(iii) In the event, User does any of the prohibited activities as stated hereinbelow, UltraTech shall not be bound by the same and shall be entitled to terminate this agreement.
III. Obligations of UltraTech
UltraTech shall:
a) provide product & service information to User as may be relevant, from time to time and which is considered appropriate by UltraTech;
b) in its sole discretion, reserves the right to refer/process/ reject and is not bound to process all the Leads without assigning any reasons;
IV. Representations & Warranties of User:
User represents and warrants that:
a) it shall maintain high professional standards in relation to its duties and obligations under the Terms;
b) it shall ensure reasonable standards of care and skill in performing its obligations under these Terms;
c) it's role under this arrangement is only of a facilitator i.e. to collect and forward Leads;
d) the services referred to herein is exclusively for the benefit of customers/Leads of the Platform;
e) all obligations and duties as stated hereunder are binding on User.
g) it shall be responsible for all acts or omissions of its personnel.
5. User Conduct
a) All activities on your account or an account managed in your name are your responsibility. As a responsible member of the UltraTech family, You should not use the Platform:
(i) for any purpose that is unlawful, illegal or forbidden by law;
(ii) for any purpose other than as stated under Section 3 of the Terms;
(iii) to send communications containing unsolicited / unauthorized/misleading advertisements, promotions or marketing material;
(iv) that may result in infringing any patent, trademark, copyright, or other proprietary rights of UltraTech or any third party
(v) that may result in harm to the reputation of or disparage UltraTech;
(vi) in any manner other than as agreed in the Terms.
b) When you use the Platform, you specifically undertake not to host, display, upload, modify, publish, transmit, update or share any content, through the Platform and otherwise, that:
(i) belongs to another person and to which you have no right;
(ii) is grossly harmful, harassing, blasphemous, defamatory, discriminatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.
(viii) harms minors in anyway;
(ix) infringes any patent, trademark, copyright, or other proprietary rights;
(x) violates any applicable laws;
(xi) deceives or misleads the addressee about the origin of such messages or communicates any information that is grossly offensive or menacing in nature;
(xii) impersonates another person;
(xiii) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource;
(xiv) threatens the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
6. Intellectual Property:
a) Rights of UltraTech
(i) You acknowledge and agree that all the rights, title and interests in the Platform, including UltraTech's compilation of information, images, videos and all the intellectual property rights therein or related thereto are solely and absolutely owned by UltraTech or its licensor. All such rights, title and interests shall continue to vest with UltraTech or its licensor.
(ii) All intellectual property including in relation to the domain name https://ultratechtradeconnect.com, any trademarks, logos, images, videos and other content available on the Platform belongs exclusively to UltraTech or its licensors. Through your use of the Platform, by no means is any proprietary right in any intellectual property impliedly or expressly granted by UltraTech to you. UltraTech reserves all rights not expressly granted to the User under these Terms.
b) Your Rights
(i) UltraTech grants Users a limited, royalty-free right to use the Platform only for non-commercial purposes.
(ii) Unless explicitly stated or otherwise authorised by UltraTech, you agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the domain name https://ultratechtradeconnect.com and the content on the Platform, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.
7. Third Party Sites / Content:
a) The Platform may provide links or direct you to various third party websites. If you use any of these links, you may be directed / redirected to such external websites.
b) If you decide to visit any such external link, you agree to do so at your own risk, responsibility and liability. UltraTech does not endorse any website linked to the Platform or the information appearing therein. You agree that UltraTech is in no way responsible for the accuracy, timeliness or completeness of information/content that it may obtain from these Third Parties Sites. You are advised use your own judgment while using the Third Party Sites.
c) Any display of Third Party Sites on the Platform does not in any way imply, suggest, or constitute any reputation, sponsorship, endorsement or approval of UltraTech on such Third Party Sites.
d) Use of such third-party links shall be governed by a separate agreement between you and such third party. UltraTech will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any refunds, exchanges, personal injuries, death, property damage, or other damages or expenses resulting from interactions of the User with such third parties or from availing any goods / services from such third parties.
8. Feedback:
a) Your feedback is important to us. Users can provide feedback, suggestions, and ideas about our Services ("Feedback"). When providing Feedback, you agree to adhere to the terms mentioned in Section 5 above. Users agree that UltraTech may, in its sole discretion, use the Feedback you provide to UltraTech in any way, including to make future enhancements and modifications to the Services. You hereby irrevocably, absolutely and perpetually assign to UltraTech and its assigns rights, title and interests in the Feedback in lieu of the Services provided in the worldwide territory. You waive any rights that you may have in such Feedback, including under the provisions of Section 19(4) of the Copyright Act, 1957 of India or any other similar provision under any law or any jurisdiction. To the extent any assignment of the Feedback and the rights therein cannot be made to UltraTech, you grant to UltraTech and its assigns a perpetual, worldwide, fully transferable, sub licensable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner for any purpose, in any mode or media of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party. You waive any reversionary rights you may have under Section 30 A of the Copyright Act, 1957 or any other similar provision under any law in relation to the intellectual property rights in the Feedback so licensed.
9. Suspension and Deactivation:
a) UltraTech reserves the right to suspend, limit access, completely deny access to the Platform or any portion thereof, without notice and for any reason including, without limitation, non-compliance with these Terms and remove content without prior notice if such content is in violation of any law in force in India.
b) UltraTech may also be required to supply relevant User details and data to the applicable authority, regulator, court or other third parties including to comply with applicable laws or court orders/judgments. If investigations are ongoing and unresolved issues remain, then UltraTech will continue to suspend the User. UltraTech also reserves the right to initiate appropriate civil or criminal action against you in the event of violation of these Terms or applicable laws. UltraTech will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities.
c) Upon suspension of the User account, regardless of the reason(s), all licenses granted to you hereunder will immediately cease and your right to use the Platform immediately ceases. UltraTech shall not be liable to you or any third party for any claims or damages arising out of any suspension of your user account or any other actions taken in connection with such account suspension.
d) Deactivation of user account by You
i. You may also deactivate your user account by writing to UltraTech at ultratech.care@adityabirla.com. Should You wish to resume using the Platform, You will be required to reactivate the existing account at any time by writing to UltraTech at ultratech.care@adityabirla.com or raising request to our Call Centre at 1800-210-3311.
ii. Upon deactivation, all licenses granted to you hereunder will immediately cease and your right to use the Services reserved for registered Users on the Platform immediately ceases. UltraTech shall not be liable to you or any third party for any claims or damages arising out of any deactivation of your user account or any other actions taken in connection with such account deactivation.
10. Representation and Warranties:
You hereby represent and warrant:
a) You have all requisite power and authority to execute and perform in accordance with these Terms;
b) These Terms constitute legal, valid and binding obligation on you;
c) The execution and performance of the Terms does not in any way conflict or violate any provision of law, rule, judgment, order or any other contract applicable to you.
11. Personal Information and Data Security:
a) UltraTech may collect, store, use, process and transfer to authorised service provider, your information as provided on the Platform, or information provided by you during the course of your use of the Platform, including your personal information that shall be governed by the applicable data protection laws and Privacy Policy.
b) For more information on the security measures and systems that UltraTech has in place for the protection of personal Information collected from you on the Platform, kindly refer to our Privacy Policy. Acceptance of these Terms shall deemed to be acceptance of Privacy Policy.
12. Indemnity:
a) Users agree to defend, hold harmless and indemnify UltraTech and, subsidiaries, associates, affiliates and of UltraTech from and against any and all losses, costs, expenses, damages or other liabilities incurred from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party, due to or arising out of or in connection with (a) your use of the Platform and/or (b) your breach of any provision of the Terms and/or (c) any fraud, negligence, wilful misconduct or intentional wrongdoing on your part.
b) If you are using this Platform on behalf of any legal entity, then you and the legal entity shall be jointly and severally be responsible to indemnify us, our affiliates, directors, agents and employees, harmless against any and all cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against us, our affiliates, directors, agents and employees, due to or arising out of or in connection with your use of the Platform; or your breach of any provision of the Terms; or any negligent or intentional wrongdoing by you on the Platform.
c) You shall not settle or compromise any such matter in respect of which any indemnity claim arises without our prior written consent. UltraTech shall be entitled to participate in such defence through our own counsel at your cost and expense.
13. Disclaimers:
a) We exclude all representations and warranties relating to (i) the Platform, content on the Platform; (ii) third party links or other sources provided on the Platform; (iii) Services on the Platform. UltraTech makes no warranty or representation that any errors in the Platform will be corrected.
b) UltraTech does not make any warranties or representations regarding the use of the materials in the Platform in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
c) During provision of the Services, UltraTech does not endorse any views expressed on the Platform and does not influence control over any particular theory, opinion, ideology, doctrine, viewpoint or position on any topic. Availing any Services and/or relying on any advice or suggestions given through the medium of the Platform is the discretion of the User and UltraTech disclaims all liabilities in this regard.
d) While availing any services offered by UltraTech, you agree and acknowledge that the services are offered on best effort basis and UltraTech makes no representations, warranties, guarantee, as to the accuracy, suitability, timeliness, or quality of their as provided by UltraTech technicians or advisors. Users should seek independent professional advice in relation to same.
e) The Platform is provided on a "AS IS" and "AS AVAILABLE" and "with all faults" basis with no representations or warranties whatsoever. UltraTech shall not be liable for any network, technical or other operational difficulties or problems which may result in loss of your data, monetary loss, personalization settings or other interruptions in the features offered on the Platform. UltraTech shall also not be liable for the deletion, loss, mis-delivery, timeliness or failure to store or transmit any features or other aspects of the Platform, content on the Platform or your personalization and / or User account settings.
f) The Platform may be unavailable or be interrupted owing to upkeep and maintenance or for reasons beyond our control and thus we do not make any representation that the Platform will be uninterrupted.
g) We shall have no responsibility for any damage to your computer system(s), loss of data that results from the use of the Platform.
h) UltraTech is not liable for any loss suffered due to reasons beyond the control of UltraTech.
14. Limitation of Liability:
To the fullest extent permitted by law, UltraTech is not and will not be liable for any direct, indirect, remote, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill) arising out of or in connection with the Platform or Services, even if UltraTech has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation to damages due to: (a) the use of or the inability to use the Platform or (b) for any Services or (c) conduct of any User on the Platform; (d) unauthorized access to or alteration of transmissions or data, (e) malicious or criminal behaviour, or false or fraudulent transactions (e) technical or other operational lapses on the Platform.
15. Relationship:
a) These Terms does not create the relationship of employer - employee, principal and agent, joint ventures, or partners between the Users and UltraTech, and in no circumstances, Users shall be considered as agent or employee of UltraTech.
b) Your use of the Platform does not in any manner makes UltraTech responsible or liable for performance of Services by You. UltraTech disclaims all liabilities in this regard.
16. Governing Law & Jurisdiction:
These terms of use shall be governed by and construed in accordance with the Laws in India. Any dispute arising under these Terms of Use shall be subject to the exclusive jurisdiction of the courts in Mumbai.
17. General Provisions:
a) Entire Agreement: The Terms constitute an entire, valid and binding agreement between you and UltraTech and governs your access and use of the Platform.
b) Binding Nature: These Terms shall be binding upon you and UltraTech.
c) Severability: If one or more of the provisions contained in the Terms is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.
d) Waiver: The failure of either party to exercise any right provided for herein shall not be deemed a waiver of any further right hereunder.
e) Assignment: Your relationship with UltraTech is a personal arrangement. You may not assign or sub-license, without the prior written consent of UltraTech, the rights, duties or obligations under the Terms, in whole or in part, to any person or entity. UltraTech may assign or sub-license in whole or in part any of its rights, duties or obligations under the Terms to any of its affiliates.
18. Contact Us:
If you have any questions or concerns regarding the Terms of Use or use of Platform, please contact us at ultratech.care@adityabirla.com or 1800-210-3311. Our authorised representatives may reach out to you to answer your queries and/or address your concerns.
The Version of this document is TOU/UTC/02. This Terms of Use were last updated on: 14th January, 2022.
UltraTech Trade Connect ("Platform") is a mobile application designed, developed and maintained by UltraTech Cement Limited ("UltraTech/ We/ Us") for its authorised influencers (known as "User/s" or "Influencers" and more particularly defined hereinbelow) for the Services as defined hereinbelow.
Please read these Terms of Use which, together with the Privacy Policy, disclaimers and any other policies incorporated by reference or issued from time to time (including any amendments, modifications or changes thereto) along with disclaimers and terms published (collectively "Terms") that govern Your use of Platform.
These Terms are a legally binding contract between us, UltraTech Cement Ltd. of B-Wing, Ahura Centre, 2nd Floor, Mahakali Caves Road, Andheri East, Mumbai, Maharashtra - 400093, India and You.
Unless the context otherwise requires, Users or Influencers mean authorised influencers such as mason, engineer, contractor, carpenter etc. who have registered themselves on the Platform for availing the Services and who use, access, browse the Platform in any manner and provide leads to UltraTech for sale of goods manufactured by UltraTech & services provided by UltraTech.
These Terms may be updated by us, from time to time with or without specific intimation to you. Your continued use of the Platform following the posting of the updates / modifications to the Terms will be considered your deemed acceptance of the revised Terms. These Terms apply in addition to terms and conditions of service agreement and any other terms and conditions that UltraTech may ask you to accept for continuing business relation. It is your responsibility to review the Terms frequently for any updates / modifications to the Terms.
By using the Platform, You agree and acknowledge that (i) You are a User; (ii) You have the authority to enter into these Terms; (iii) You have read all the Terms; and (iv) You agree to be bound by all the Terms.
If You do not agree to be bound by the Terms, You are advised not to proceed to access, browse, offer, order and/or use the Platform in relation to Services. The terms and conditions contained in this Terms shall be accepted without modification. The continued access, browsing and use of the Platform and/or the Services would constitute acceptance of the terms and conditions of this Terms.
This document is an electronic record in terms of Information Technology Act, 2000 ("IT Act, 2000") of India, or any other prevailing law, the applicable rules thereunder and the provisions pertaining to electronic records in various statutes as amended by the IT Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access to or usage of the Platform.
1. Eligibility:
a) The Platform and/or the Services are available only to Users who can form legally binding contracts under Indian Contract Act, 1872 ("Contract Act"). Persons who are "incompetent to contract" within the meaning of the Contract Act including minors, un-discharged insolvents etc. are not eligible to use the Platform. By using the Platform or the Services, You represent and warrant that:
(i) You are at least eighteen (18) years of age and are not disqualified from contracting by law;
(ii) You are entering into these Terms out of Your own free will and consent;
(iii) You are an Indian citizen and a legal resident of India;
(iv) Your use of the Platform and Services availed through it do not violate any applicable law and regulation of India.
b) If You register on behalf of a business entity, You represent that You are duly authorized by the business entity to accept the Terms and You have the authority to bind the business entity to the Terms in accordance with the applicable laws.
2. User Account, Profile and Security:
a) To provide/avail any of the Services or access the Platform, You are required to register for an account on the Platform by providing Your mobile number or, if You are a legal entity, the mobile number of Your authorised representative. Following registration, You will be prompted to provide additional information about Yourself and Your business. You agree to provide true and correct information about yourself as prompted on the Platform. You agree and understand that You will not be able to avail Services through the Platform without providing the information requested upon registration.
b) If You register on the Platform, or if You otherwise provide information on the Platform, You agree to (i) provide true, accurate, correct and complete information about Yourself and Your services as prompted by the Platform including information reflected on Your User profile, and (ii) maintain and promptly update such information to keep it true, accurate, correct and complete. If You provide any information to UltraTech that is false, misleading, inaccurate, outdated or incomplete, or UltraTech has reasonable grounds to suspect that such information is false, inaccurate, misleading, outdated or incomplete, UltraTech reserves the right to suspend or terminate Your account and/or to prohibit any and all present or future use/dissemination of the Services (or any portion thereof) by You, without any notice/ intimation to You.
c) When You register an account on the Platform:
(i) You will receive a one-time-password (OTP) on the contact number provided by You, for the purpose of verification;
(ii) Upon verification of the information provided, You will be provided with a User account;
(iii) You are responsible for maintaining the confidentiality of Your account and are fully responsible for all activities that occur through Your account. You undertake not to share Your phone number and/or any other details required to log into Your account, including the OTP received on Your phone number, with any other person for their use of the Platform. You agree to immediately notify UltraTech of any unauthorized use of Your account or any other breach of security and UltraTech will not be held liable for any loss and damage caused to You due to any unauthorised use of Your account.
(iv) You agree to get periodic SMS alerts, WhatsApp texts and/or e-mails from UltraTech in relation to the following:
a. Update, amendment, change in the Terms;
b. Specific Services availed through the Platform;
c. Promotional messages including offers, updates on new services and promotions.
(v) UltraTech cannot and will not be liable for any loss or damage arising from misuse of your account or information therein, because of your failure (including negligence, act of omission and commission) to comply with the requirements under this section.
(vi) UltraTech recommends that You exit or log out from Your account at the end of each session if using a public computer. UltraTech cannot and will not be liable for any loss or damage arising from misuse of Your account or information therein, because of Your failure to comply with the requirements under this section.
d) If You have any security related concerns, please contact Support at ultratech.care@adityabirla.com.
e) We reserve the right to:
(i) Make all decisions in relation to inter alia Your registration with UltraTech;
(ii) Request additional documents and additional information from You for the purpose of Your registration as a User with the Platform.
f) While UltraTech shall make reasonable endeavours to maintain generally accepted standards of security and shall provide the Services by using reasonable efforts, UltraTech shall not be liable for any interruption that may be caused to Your access or use of the Services.
g) UltraTech reserves the right at all times, to monitor your activities on the Platform, collect and process the data/details provided by you on the Platform and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at its sole discretion.
3. Use of the Platform:
a) The Platform offers following Services to its Users:
i. For maintaining/updating Your profile details;
ii. Announcements, updates on UltraTech products, solutions, schemes, offers, rewards etc;
iii. Option to User for providing details / leads of customers or individual home builders interested in purchase or enquiry of products or services offered by UltraTech ("Lead Referral Services") and tracking its status;
iv. My lifting i.e. enabling User to see- his/her transactions and/or orders with UltraTech;
v. Tips & tools;
vi. Raising product related query;
vii. Learning Videos & Articles: The Platform contains general information on construction products, practices and such related information. For this purpose, Users have access to a wide range of educational videos and articles on the Website. Any informational videos and/ or information contained on the Website are provided on best efforts basis and is only a subjective guide. Such information does not constitute the rendering of technical, legal, or other professional advice or services. Information shared through the Website should not be relied upon or used as a substitute for consultation with professional advisors. UltraTech also does not guarantee any periodical review of content nor does it make any representation or warranties with respect to accuracy, applicability, fitness or completeness of contents of video or information on the Website. UltraTech disclaims all liabilities to User for any loss caused by errors, omissions, incomplete nature of the collection of information provided on the Website or contents of the videos.
b) When you access/use the Platform, you consent to be contacted by our authorised representatives including our customer support representatives.
c) The Services listed above are not comprehensive but merely indicative in nature. UltraTech may provide additional Services on the Platform from time to time, as may be relevant.
4. For Lead Referral Services, following conditions are applicable:
UltraTech provides lead generation and referral services platform, whereby, Users can refer potential leads interested in purchase of UltraTech products and/or services through UltraTech or it partners.
User can raise an individual's request by entering such individual's information into the Platform including particulars of their request ("Service Request/Lead"). Leads generated by the User are unsolicited. While providing the Leads, the User shall be governed by the following terms:
I. Scope of Service
(i) User shall:
a) Identify a potential customer;
b) Inform about UltraTech's products and services to potential customer;
c) obtain details (i.e. name, contact, address details, etc.) of the Lead/s that shows interest for the UltraTech products and/or services and record the same in the following manner / update the same on the Platform for forwarding the same to UltraTech;
d) obtain consent/permission from Lead to share and forward its details for buying UltraTech products and/or availing services;
e) answer the preliminary queries raised by customer/Lead relating to UltraTech products and/or services and give proper guidance. It is clarified that where the customer/ Lead seeks detailed assistance/guidance on the UltraTech products and/or services, then the User shall redirect such customer/ Lead to UltraTech;
f) seek prior written approval of UltraTech before performing any activity for promoting UltraTech products and/or services;
g) furnish all the details of the Leads in such format and at such intervals as may be communicated in advance by UltraTech from time to time. User shall not claim any rights on the Leads including but not limited to right to sell or process to any third party as the same is confidential in nature;
h) User's role under this arrangement is only limited to collecting Service Request/ Lead and forward the same to UltraTech which shall thereafter be acted upon by UltraTech or its authorised partners.
(ii) User agrees and acknowledges that UltraTech shall at its sole and absolute discretion, process (reject or accept) any Lead that is forwarded to it by the User, without assigning any reasons thereof and such decision shall be binding on the User and shall not entitle the User for any fee, compensation or claims of any nature whatsoever.
(iii) The User agrees and acknowledges that the arrangement between UltraTech and the User is on a non-exclusive basis and principal to principal basis.
(iv) The User agrees and acknowledges that UltraTech shall not be considered or represented as a broker, facilitator or an agent under applicable laws.
(v) Nothing under these terms or otherwise shall entitle the User to make any representations or warranties or commitments or obligation on behalf of UltraTech or entitle User to enter into contracts or arrangements or understanding for or on behalf of UltraTech. User hereby agrees that any such representation or contract or arrangement shall not be binding on UltraTech and shall amount to material breach of these Terms and lead to termination.
II. Obligations of User:
(i) User shall perform the following obligations:
a) represent to the customer/ Lead that the Lead so collected shall be forwarded to UltraTech who shall act upon it;
b) clearly explain to customer/ Lead, the scope/process/purpose of lead collection including the process of forwarding the details of Lead to UltraTech;
c) provide true, complete and accurate details of Leads on the Platform without any concealment;
d) clearly communicate to the customer/ Lead that for buying UltraTech products and/or services, the information provided by the Lead shall be shared with UltraTech;
e) clearly communicate to customer/ Lead that providing UltraTech products and/or services shall be at the sole discretion of UltraTech;
f) follow the guidelines and process (if any) as amended /issued from time to time by UltraTech regarding implementation of these Terms;
g) forward only those Leads to UltraTech through the Platform for which the consent has been obtained in the manner as prescribed under applicable law;
h) prevent unauthorised or unlawful processing of any information received from Leads;
i) ensure that User's conduct under this Terms does not result in any loss, monetary and otherwise, to UltraTech.
(ii) User shall not carry out the following activities:
a) at any time publish or advertise either in the newspapers, magazines, booklets, brochures, pamphlets, media (including social media) or in any other form by using the name of UltraTech or its trade mark or logo or label or brand without prior written consent of UltraTech;
b) in any manner whatsoever claim or represent itself to be the employee/partner/agent of UltraTech and that the relationship between UltraTech and user under this Terms shall be strictly on a principal to principal basis;
c) call/message the Lead for making any offer, representations, or promotions in respect of lead referral services or even otherwise. User agrees and acknowledges that its role is only limited to collect and forward the Leads to UltraTech and thereafter only UltraTech shall have right to contact the Lead for the purpose of offering UltraTech products and/or services;
d) mislead the customer/ Lead on any service / product offered;
e) make any statement / representation / warranty / promise or assurance to customer/ Leads on behalf of the UltraTech beyond what is contained in the brochures or catalogues or standard operating procedure as issued by UltraTech and/or what is allowed/permitted as per the terms herein;
f) charge or accept any payment/consideration/fees/charges (directly or indirectly or in any form) from any Lead/ potential lead in the name of User, its employees, associates or UltraTech;
g) retain/misuse the information shared by customer/ Lead and it shall only feed such information directly on the Platform. Further, User shall not share such information with any third parties other than UltraTech;
h) raise any lead request that is not genuine;
i) contact the Lead or utilise Lead information shared with UltraTech to sell any other product or service other than the purpose as mentioned under these Terms;
j) commit or warrant customer/ Lead anything on behalf of UltraTech, in particular any commitment that UltraTech products and/or technical services will be offered;
k) do any act/deed or carry out unlawful or illegal activities;
l) do not do anything that would tarnish or affect the reputation or brand name of UltraTech or cause libel or defamation to UltraTech, or any of its directors, officers, agents or employees.
(iii) In the event, User does any of the prohibited activities as stated hereinbelow, UltraTech shall not be bound by the same and shall be entitled to terminate this agreement.
III. Obligations of UltraTech
UltraTech shall:
a) provide product & service information to User as may be relevant, from time to time and which is considered appropriate by UltraTech;
b) in its sole discretion, reserves the right to refer/process/ reject and is not bound to process all the Leads without assigning any reasons;
IV. Representations & Warranties of User:
User represents and warrants that:
a) it shall maintain high professional standards in relation to its duties and obligations under the Terms;
b) it shall ensure reasonable standards of care and skill in performing its obligations under these Terms;
c) it's role under this arrangement is only of a facilitator i.e. to collect and forward Leads;
d) the services referred to herein is exclusively for the benefit of customers/Leads of the Platform;
e) all obligations and duties as stated hereunder are binding on User.
f) UltraTech shall not be held responsible/liable for any misrepresentation or wrong or incorrect information provided by User or for any loss that UltraTech may suffer in the event User breaches any of the obligations as stated under these Terms.
g) it shall be responsible for all acts or omissions of its personnel.
5. User Conduct:
a) All activities on your account or an account managed in your name are your responsibility. As a responsible member of the UltraTech family, You should not use the Platform:
(i) for any purpose that is unlawful, illegal or forbidden by law;
(ii) for any purpose other than as stated under Section 3 of the Terms;
(iii) to send communications containing unsolicited / unauthorized/misleading advertisements, promotions or marketing material;
(iv) that may result in infringing any patent, trademark, copyright, or other proprietary rights of UltraTech or any third party;
(v) that may result in harm to the reputation of or disparage UltraTech;
(vi) in any manner other than as agreed in the Terms.
b) When you use the Platform, you specifically undertake not to host, display, upload, modify, publish, transmit, update or share any content, through the Platform and otherwise, that:
(i) belongs to another person and to which you have no right;
(ii) is grossly harmful, harassing, blasphemous, defamatory, discriminatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.
(iii) harms minors in anyway;
(iv) infringes any patent, trademark, copyright, or other proprietary rights;
(v) violates any applicable laws;
(vi) deceives or misleads the addressee about the origin of such messages or communicates any information that is grossly offensive or menacing in nature;
(vii) impersonates another person;
(viii) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource;
(ix) threatens the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
6. Intellectual Property:
a) Rights of UltraTech
(i) You acknowledge and agree that all the rights, title and interests in the Platform, including UltraTech's compilation of information, images, videos and all the intellectual property rights therein or related thereto are solely and absolutely owned by UltraTech or its licensor. All such rights, title and interests shall continue to vest with UltraTech or its licensor.
(ii) All intellectual property including in relation to the Platform, any trademarks, logos, images, videos and other content available on the Platform belongs exclusively to UltraTech or its licensors. Through your use of the Platform, by no means is any proprietary right in any intellectual property impliedly or expressly granted by UltraTech to you. UltraTech reserves all rights not expressly granted to the User under these Terms.
b) Your Rights
(ii) Unless explicitly stated or otherwise authorised by UltraTech, you agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Platform and the content on the Platform, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.
7. Third Party Sites / Content:
a) The Platform may provide links or direct you to various third party websites. If you use any of these links, you may be directed / redirected to such external websites.
b) If you decide to visit any such external link, you agree to do so at your own risk, responsibility and liability. UltraTech does not endorse any website linked to the Platform or the information appearing therein. You agree that UltraTech is in no way responsible for the accuracy, timeliness or completeness of information/content that it may obtain from these Third Parties Sites. You are advised use your own judgment while using the Third Party Sites.
c) Any display of Third Party Sites on the Platform does not in any way imply, suggest, or constitute any reputation, sponsorship, endorsement or approval of UltraTech on such Third Party Sites.
d) Use of such third-party links shall be governed by a separate agreement between you and such third party. UltraTech will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any refunds, exchanges, personal injuries, death, property damage, or other damages or expenses resulting from interactions of the User with such third parties or from availing any goods / services from such third parties.
8. Feedback:
a) Your feedback is important to us. Users can provide feedback, suggestions, and ideas about our Services ("Feedback"). When providing Feedback, you agree to adhere to the terms mentioned in Section 5 above. Users agree that UltraTech may, in its sole discretion, use the Feedback you provide to UltraTech in any way, including to make future enhancements and modifications to the Services. You hereby irrevocably, absolutely and perpetually assign to UltraTech and its assigns rights, title and interests in the Feedback in lieu of the Services provided in the worldwide territory. You waive any rights that you may have in such Feedback, including under the provisions of Section 19(4) of the Copyright Act, 1957 of India or any other similar provision under any law or any jurisdiction. To the extent any assignment of the Feedback and the rights therein cannot be made to UltraTech, you grant to UltraTech and its assigns a perpetual, worldwide, fully transferable, sub licensable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner for any purpose, in any mode or media of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party. You waive any reversionary rights you may have under Section 30 A of the Copyright Act, 1957 or any other similar provision under any law in relation to the intellectual property rights in the Feedback so licensed.
9. Suspension and Deactivation:
a) UltraTech reserves the right to suspend, limit access, completely deny access to the Platform or any portion thereof, without notice and for any reason including, without limitation, non-compliance with these Terms and remove content without prior notice if such content is in violation of any law in force in India.
b) UltraTech may also be required to supply relevant User details and data to the applicable authority, regulator, court or other third parties including to comply with applicable laws or court orders/judgments. If investigations are ongoing and unresolved issues remain, then UltraTech will continue to suspend the User. UltraTech also reserves the right to initiate appropriate civil or criminal action against you in the event of violation of these Terms or applicable laws. UltraTech will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities.
c) Upon suspension of the User account, regardless of the reason(s), all licenses granted to you hereunder will immediately cease and your right to use the Platform immediately ceases. UltraTech shall not be liable to you or any third party for any claims or damages arising out of any suspension of your user account or any other actions taken in connection with such account suspension.
d) Deactivation of user account by You
i. You may also deactivate your user account by writing to UltraTech at ultratech.care@adityabirla.com. Should You wish to resume using the Platform, You will be required to reactivate the existing account at any time by writing to UltraTech at ultratech.care@adityabirla.com or raising request to our Call Centre at 1800-210-3311.
ii. Upon deactivation, all licenses granted to you hereunder will immediately cease and your right to use the Services reserved for registered Users on the Platform immediately ceases. UltraTech shall not be liable to you or any third party for any claims or damages arising out of any deactivation of your user account or any other actions taken in connection with such account deactivation.
10. Representation and Warranties:
You hereby represent and warrant:
a) You have all requisite power and authority to execute and perform in accordance with these Terms;
b) These Terms constitute legal, valid and binding obligation on you;
c) The execution and performance of the Terms does not in any way conflict or violate any provision of law, rule, judgment, order or any other contract applicable to you.
11. Personal Information and Data Security:
a) UltraTech may collect, store, use, process and transfer to authorised service provider, your information as provided on the Platform, or information provided by you during the course of your use of the Platform, including your personal information that shall be governed by the applicable data protection laws and Privacy Policy.
b) For more information on the security measures and systems that UltraTech has in place for the protection of personal Information collected from you on the Platform, kindly refer to our Privacy Policy. Acceptance of these Terms shall deemed to be acceptance of Privacy Policy.
12. Indemnity:
a) Users agree to defend, hold harmless and indemnify UltraTech and, subsidiaries, associates, affiliates and of UltraTech from and against any and all losses, costs, expenses, damages or other liabilities incurred from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party, due to or arising out of or in connection with (a) your use of the Platform and/or (b) your breach of any provision of the Terms and/or (c) any fraud, negligence, wilful misconduct or intentional wrongdoing on your part.
b) If you are using this Platform on behalf of any legal entity, then you and the legal entity shall be jointly and severally be responsible to indemnify us, our affiliates, directors, agents and employees, harmless against any and all cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against us, our affiliates, directors, agents and employees, due to or arising out of or in connection with your use of the Platform; or your breach of any provision of the Terms; or any negligent or intentional wrongdoing by you on the Platform.
c) You shall not settle or compromise any such matter in respect of which any indemnity claim arises without our prior written consent. UltraTech shall be entitled to participate in such defence through our own counsel at your cost and expense.
13. Disclaimers:
a) We exclude all representations and warranties relating to (i) the Platform, content on the Platform; (ii) third party links or other sources provided on the Platform; (iii) Services on the Platform. UltraTech makes no warranty or representation that any errors in the Platform will be corrected.
b) UltraTech does not make any warranties or representations regarding the use of the materials in the Platform in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
c) During provision of the Services, UltraTech does not endorse any views expressed on the Platform and does not influence control over any particular theory, opinion, ideology, doctrine, viewpoint or position on any topic. Availing any Services and/or relying on any advice or suggestions given through the medium of the Platform is the discretion of the User and UltraTech disclaims all liabilities in this regard.
d) While availing any services offered by UltraTech, you agree and acknowledge that the services are offered on best effort basis and UltraTech makes no representations, warranties, guarantee, as to the accuracy, suitability, timeliness, or quality of their as provided by UltraTech technicians or advisors. Users should seek independent professional advice in relation to same.
e) The Platform is provided on a "AS IS" and "AS AVAILABLE" and "with all faults" basis with no representations or warranties whatsoever. UltraTech shall not be liable for any network, technical or other operational difficulties or problems which may result in loss of your data, monetary loss, personalization settings or other interruptions in the features offered on the Platform. UltraTech shall also not be liable for the deletion, loss, mis-delivery, timeliness or failure to store or transmit any features or other aspects of the Platform, content on the Platform or your personalization and / or User account settings.
f) The Platform may be unavailable or be interrupted owing to upkeep and maintenance or for reasons beyond our control and thus we do not make any representation that the Platform will be uninterrupted.
g) We shall have no responsibility for any damage to your computer system(s), loss of data that results from the use of the Platform.
h) UltraTech is not liable for any loss suffered due to reasons beyond the control of UltraTech.
14. Limitation of Liability:
To the fullest extent permitted by law, UltraTech is not and will not be liable for any direct, indirect, remote, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill) arising out of or in connection with the Platform or Services, even if UltraTech has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation to damages due to: (a) the use of or the inability to use the Platform or (b) for any Services or (c) conduct of any User on the Platform; (d) unauthorized access to or alteration of transmissions or data, (e) malicious or criminal behaviour, or false or fraudulent transactions (e) technical or other operational lapses on the Platform.
15. Relationship:
a) These Terms does not create the relationship of employer - employee, principal and agent, joint ventures, or partners between the Users and UltraTech, and in no circumstances, Users shall be considered as agent or employee of UltraTech.
b) Your use of the Platform does not in any manner makes UltraTech responsible or liable for performance of Services by You. UltraTech disclaims all liabilities in this regard.
16. Governing Law & Jurisdiction:
These terms of use shall be governed by and construed in accordance with the Laws in India. Any dispute arising under these Terms of Use shall be subject to the exclusive jurisdiction of the courts in Mumbai.
17. General Provisions:
a) Entire Agreement: The Terms constitute an entire, valid and binding agreement between you and UltraTech and governs your access and use of the Platform.
b) Binding Nature: These Terms shall be binding upon you and UltraTech.
c) Severability: If one or more of the provisions contained in the Terms is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.
d) Waiver: The failure of either party to exercise any right provided for herein shall not be deemed a waiver of any further right hereunder.
e) Assignment: Your relationship with UltraTech is a personal arrangement. You may not assign or sub-license, without the prior written consent of UltraTech, the rights, duties or obligations under the Terms, in whole or in part, to any person or entity. UltraTech may assign or sub-license in whole or in part any of its rights, duties or obligations under the Terms to any of its affiliates.
18. Contact Us:
If you have any questions or concerns regarding the Terms of Use or use of Platform, please contact us at ultratech.care@adityabirla.com or 1800-210-3311. Our authorised representatives may reach out to you to answer your queries and/or address your concerns.
The Version of this document is TOU/UTC/02. This Terms of Use were last updated on: 14th January, 2022.