Welcome to UltraTech Customer Connect!

These Terms govern your use of the Platform. The Platform is accessible through web browser on mobile (Android and iOS) or through any other medium as may be deemed fit from time to time.

These Terms shall constitute a legally binding contract between you and UltraTech Cement Limited, a public limited company having its registered office at B – Wing, Ahura Centre, 2^nd Floor, Mahakali Caves Road, Andheri East, Mumbai, Maharashtra – 400093, India. By registering to/accessing the Platform, you represent and warrant that you (i) have full legal capacity and authority to agree and bind yourself to these Terms; (ii) are eighteen years of age or older; and (iii) are a resident of India. If you register/access on behalf of a business entity, you represent that you are duly authorized by such business entity to accept these Terms and that you have the authority to bind such business entity to these Terms in accordance with applicable law(s).

By accessing the Platform, you agree that you have read, understood, and shall be bound by and comply with these Terms and/or any of the related documentation linked within these Terms and/or other restrictions notified during the course of your use of the Platform. If you do not agree with these Terms or do not intend to comply with the requirements herein, please do not access/use the Platform.

These Terms shall be read together with the Privacy Policy (available at https://www.eye2serve.com/disclaimer.html) other terms/policies incorporated by reference or issued from time to time (including any amendments, modifications, changes thereto) along with disclaimers and terms published by us.

These Terms shall constitute an electronic record in terms of the Information Technology Act, 2000, and rules thereunder, as applicable, and the amended provisions pertaining to electronic records in various statutes, as amended from time to time by the Information Technology Act, 2000.

This electronic record is generated by a computer system and does not require any physical or digital signature.

DEFINITIONS

The following capitalized terms have the meaning ascribed to them herein:

“EPOD” shall mean an electronic proof of delivery submitted by the User upon receiving the Order(s), on the Platform.

“Intellectual Property Rights” shall mean all rights, title and interest under any statute or under common law including patents, rights to inventions, copyright and related rights, trademarks (including renewals) and service marks, trade names, domain names, rights in get-up, designs, circuit layout rights, trade or business secrets, databases, know-how and similar rights in respect of the proprietary techniques and other confidential and proprietary information, whether registered or not and right to applying for them and shall include (i) goodwill; (ii) any licenses, permissions and grants in connection therewith.

“Platform” shall mean the websites and/or mobile sites and/or mobile applications associated with the home page identified by the URL https://ultratechcustomerconnect.com/#/login and such micro-links/URLs that are maintained by us exclusively for viewing Material Information, order history and details of the EPOD. For the avoidance of doubt, “Platform” does not include any other websites/mobile sites that (i) are maintained by us/our affiliates; or (iii) may be linked to or from the Platform.

“Material” shall mean product(s) sold by UltraTech through its online digital system.

“Material Information” shall mean, with respect to each Material, the following: (i) description; (ii) any text, disclaimers, warning, notices, labels, or other content required by applicable law(s) to be displayed in connection with the Material(s); (iii) brand; (viii) Material(s) dimension; (iv) weight; and (v) any other information determined by us.

“Order(s)” shall mean any order placed by the User(s) for the purchase of Material for its consumption.

“Terms” shall mean these terms of use, as amended from time to time.

“UltraTech”, “we”, “us”, “our” shall mean UltraTech Cement Limited.

“User(s)”, “you”, “your”, “yourself” shall mean any individual, group of individuals, authorized individuals, firm, company or any other entity purchasing the Material(s), viewing the order history and submitting the EPOD on the Platform, for the Order(s) received by such individual, group of individuals, authorized individuals, firm, company or any other entity.

“User Account” shall mean portfolio/account on the Platform, and shall contain all information applicable to User(s) including but not limited to order history of the User(s), dispatch details and submission of the EPOD by the User via the Platform or the Transporter through its account.

USER ACCOUNT AND USER INFORMATION

To use the Platform, you will be required to register and create a User Account on the Platform. As part of the onboarding process and for the purpose of creation of User Account, you shall receive a one-time-password (OTP) on the contact number provided by the you. Upon sign up through the one-time-password (OTP) and upon you providing the details/documents/undertakings as part of the onboarding process, we shall verify the information provided by you. Creation of User Account is a one-time activity. After creation of User Account, you will be able to access your User Account using the mobile number associated with your User Account through one-time-password (OTP).

For registration and creation of User Account, we may require User(s) to share information, including information pertaining to identification or other personal information. You agree that all information provided in this regard is complete, true, and accurate. You shall be solely responsible to keep updated your registered mobile number, email address, and/or other contact details on the Platform, and in the event, there is any change/update then such details shall be updated on the Platform immediately by you. We shall not be liable for any loss/liability/damage arising out your failure to provide/update your contact details on the Platform.

For registration and creation of User Account and for identifying User(s) on the Platform, we may, from time to time, collect/use/store/process personally identifiable information and data such as your first name and last name, email address, mobile phone number, postal address, other contact information, demographic profile. The use and handling of such data shall be as per the Privacy Policy available at https://www.eye2serve.com/disclaimer.html. By registering on, and accessing the Platform, it is deemed that User(s) has given express and specific consent for such collection and processing of data for the purpose of use of the Platform.

You shall not disclose, transfer, sub-license or otherwise part away with your User Account or try to circumvent them in any manner whatsoever. We shall not be liable for any loss/liability/damage arising out of such disclosure or circumvention.

You are solely responsible for maintaining the confidentiality of your User Account, and for all activities and transactions that occur through your User Account. You agree to immediately notify us of any unauthorized use of your User Account or any other breach of security. We shall not be liable for any loss/liability/damage arising out of unauthorized use of your User Account.

We shall not be liable for any loss/liability/damage arising out of unauthorized access to the Platform, including but not limited to hacking and security breaches.

You agree and consent to receive periodic communication from us on the modes of communication provided by you both at the time of creation of your User Account (including by way of SMS, WhatsApp, e-mail, etc.) or as updated by you from time to time, in relation to: (i) update, amendment, change in these Terms; (ii) Material(s) purchased; (iii) promotional messages including offers, updates on new products and promotions; or (iv) order and delivery information. You have the right to opt-out of receiving such communication by contacting us.

MATERIAL INFORMATION AND ORDER DETAILS

All Material Information shall be made available on the Platform.

All Order(s) including the dispatch details of the Materials purchased by the User(s) shall be available for viewing in the “Orders” section.

Subject to the provisions of issuance of credit note(s) for Material shortage, title and risk in relation to the Material shall be transferred to you upon you providing the ‘delivery confirmation code’ to the delivery transporter’s personnel or submitting the one-time password generated on the Platform and marking the delivery as ‘complete’.

SUBMISSION OF EPOD UPON MATERIAL DELIVERY

Upon receiving the Material, you shall, within 15 (fifteen) days, submit an EPOD on the Platform.

Upon clicking the ‘EPOD button’ made available on the Platform, a one-time password (OTP) shall be generated, which you agree to submit on the Platform. You understand that the delivery will be marked as complete only upon you submitting the OTP and subsequently clicking the ‘EPOD button’.

You agree that an EPOD may also be submitted through the transporter’s personnel on the Platform. You agree that upon receipt of the Material, you shall provide the transporter’s personnel a ‘delivery code’. Upon receiving this ‘delivery code’ the transporter’s personnel shall be able to feed in this ‘delivery code’ on its application and make such delivery as complete.

You agree to provide true and accurate information when submitting the EPOD.

We shall not be responsible, if the EPOD is not recorded or is lost due to any network problems such as breakdown of machinery, unclear/disruption in the network, for loss or misuse of any information such as your User Account details, passwords etc. by third-party or any reasons attributable to you.

OBLIGATIONS OF USER(S)

You shall not use the Platform in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you shall not:

use the Platform (i) for any purpose that is unlawful, illegal or forbidden by law; (ii) to send communications containing unsolicited/unauthorized advertisements, promotions or marketing material; (iii) in a manner that may result in harm to our reputation and/or the Platform in any manner;

infringe any proprietary rights of any party, including but not limited to copyrights, patents, trademarks, or trade secrets, through your use of the Platform;

except as may be provided hereunder, copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create any derivative works from or license the Platform or any portion thereof;

use the Platform to transmit any data, or send or upload any material that contains viruses, trojan horses, worms, timebombs, keystroke loggers, spyware, adware, or any other harmful programmes, or similar computer code, designed to adversely affect the Platform or of any computer software or hardware;

make any back-up or archival copies of the Platform or any part thereof;

engage in the systematic retrieval of content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without our prior written permission;

use the Platform for fraudulent or malicious activities or in any manner inconsistent with these Terms;

violate applicable law(s) in any manner.

You are aware of applicable law(s) and regulations governing your use of the Platform. You shall be solely responsible for ensuring compliance with the various applicable law(s), and you shall be solely liable for any liability that may arise due to a breach of your obligations in this regard.

You shall extend all cooperation, at your cost, to us in our defence of any proceedings that may be initiated against us due to a breach of your obligations or covenants under these Terms.

Your use of the Platform shall indicate that you have provided consent to automatically receive updates such as bug fixes, patches, enhanced functions, missing plug-ins and new versions.

If your device has been lost or stolen, you shall request us to block your User Account immediately.

USER ACCOUNT SUSPENSION AND DEACTIVATION

We reserve, at our sole discretion, the right to suspend your User Account (i) if we are of the opinion that your User Account is/has been accessed by an unauthorized party; (ii) if we are of the opinion that your User Account is/has been used to defraud, to launder money, or for cheating; (iii) on violation of applicable law(s) and/or these Terms; (iv) when you access the Platform from a territory from where we do not accept User(s); (v) if you provide any information to us that is false, misleading, inaccurate, outdated or incomplete; or (vi) if we have reasonable grounds to suspect that you have provided false, inaccurate, misleading, outdated or incomplete information.

Upon suspension of your User Account, regardless of the reason(s), your right to view the Material(s) information, order history and submission of the EPOD on the Platform ceases immediately.

You may deactivate your User Account by writing to us. If you delete your User Account, your User Account will immediately go offline. Any ongoing order(s), for which the payment has been done by you, will not be affected. Should you wish to resume using the Platform, you will be required to reactivate your existing User Account by writing to us.

Upon suspension/deactivation of your User Account, your right to access/use the Platform shall cease. We shall not be liable for any loss/liability/damage to you/third-party arising out of suspension/deactivation of your User Account or any other actions taken in connection with such suspension/deactivation.

DISCLAIMER

You agree that access of the Platform is at your sole discretion. We are not responsible for any consequences arising out your access of the Platform. We shall not be liable in any manner for credentials, representations, acts or omissions of User(s).

The Platform is provided on a ‘as is’ and ‘as available’ basis with no representations or warranties whatsoever. We are not 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. Neither us nor any third-party shall 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 your User Account settings.

The Platform offered by us 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 provided to you will be uninterrupted.

We shall have no responsibility for any damage to your computer system(s), loss of data that results from the use of the Platform or its content.

We do not covenant or provide any representations and warranties that the operation of the Platform will be uninterrupted, or that the defects will be rectified, or that the Platform or the servers that make such content, information and materials available are free of viruses or other harmful components.

INTELLECTUAL PROPERTY

You acknowledge and agree that all the rights, title and interests in the Platform including our compilation of regulatory information, and all the Intellectual Property Rights therein or related thereto are solely and absolutely owned by us. All such rights, title and interests in Intellectual Property Rights shall continue to vest with us.

All intellectual property including in relation to the Platform, any trademarks, logos, images and other content available on the Platform belongs exclusively to us. Through your use of the Platform, by no means is any proprietary right in any intellectual property impliedly or expressly granted by us to you. We reserve all rights not expressly granted to User(s) under these Terms. You shall not copy, imitate, adapt or use, in whole or in part, without our prior written permission or wherever applicable, the owner of the intellectual property, trademarks, domain name, logos, images and other content available on the Platform.

INDEMNITY

You hereby agree to defend, hold harmless and indemnify us from and against any and all losses, costs, expenses, damages or other liabilities incurred due to or arising out of or in connection with your act/omission in relation to (i) your use of the Platform, (ii) your breach of any provision of these Terms, (iii) actual and/or alleged infringement of any third-party intellectual property, (iv) your taxes and duties or the collection, payment, or failure to collect or pay your taxes or duties, or the failure to meet tax registration obligations or duties; and (vii) any fraud, negligence, willful misconduct or intentional wrongdoing on your part. We shall notify you promptly of such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost.

You shall not settle or compromise any such matter in respect of which any indemnity claim arises without our prior written consent. We shall be entitled to participate in such defence through our own counsel at your cost and expense.

LIMITATION OF LIABILITY

To the fullest extent permitted by law, we shall 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, even if we have 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: (i) the use of or the inability to use the Platform; (ii) conduct of User(s) on the Platform; (iii) unauthorized access to or alteration of transmissions or data; (iv) malicious or criminal behavior; and (v) technical or other operational lapses on the Platform.

MODIFICATION TO TERMS

We may amend these Terms at any time by posting an updated version on the Platform. The updated version of these Terms shall supersede the previous version of these Terms and take effect immediately upon posting. You have the right to opt-out of agreeing to these Terms or any future updated version of these Terms, by ceasing to use the Platform. However, please be aware that your continued use of the Platform from the launch of any updated Terms would mean deemed acceptance of such updated Terms including any modification thereof. We recommend you to keep checking these Terms often to be familiar with any updates and changes.

GOVERNING LAW AND JURISDICTION

These Terms shall be governed and construed in accordance with the laws of India. The courts in Mumbai shall have exclusive jurisdiction over all issues arising out of these Terms.

MISCELLANEOUS

Entirety: These Terms entered into between you and us, if any, constitute an entire, valid and binding agreement between you and us and governs your access and use of the Platform. In the event, these Terms are available in multiple languages, these Terms written in the English language (and the meaning and intent conveyed thereunder) shall prevail over these Terms in any other languages and will be final and binding on User(s) and the Platform.

Severability: If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue to be in effect. If any unlawful or unenforceable provision would be lawful or enforceable if a part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the provision, in which case the entirety of the relevant provision will be deemed to be deleted).

Waiver: You agree that no action of ours, other than an express written waiver or amendment, may be interpreted as a waiver or amendment of any of these Terms.

No third-party rights: No third-party shall have any rights to enforce any terms contained herein.

Assignment: You shall not license, sell, transfer, or assign your rights, obligations, or covenants under these Terms in any manner without our prior written consent. We may grant or withhold this consent at our sole discretion, subject to any conditions we deem appropriate. We may assign our rights to any of our affiliates, subsidiaries, or parent companies, any successor in interest of any business associated with the services, or any third-party without any prior notice to you.

Force majeure: We shall have no liability to you if we are prevented from or delayed in performing our obligations, or from carrying on our business, by acts, events, omissions, or accidents beyond our reasonable control, including without limitation labour disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, lockdowns, operation of law, epidemics, pandemics, cyberattacks, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions.

Independent contractor: These Terms does not create the relationship of employer – employee, principal and agent, joint ventures, or partners between User(s) and us.

If you have any questions or concerns regarding these Terms or for any technical support or use of the Platform, please contact us at:

Toll-Free Number: 1800 210 3311