Hyperlocal Digital Platform for Home Building Solutions in India | Utec

About

Utec by UltraTech is a hyperlocal digital platform which provides end-to-end home building solutions to home builders at their fingertips.

We help you build homes
Connect you with experts and vendors
Empower you with knowledge and information
Provide you with Financial Solutions
Enable Collaboration with your friends and family on our community platform.

VISION

To empower every individual home builder with knowledge and expertise, and redefine the way the country and its people are building their homes and leading their lives.

Mission

To become the largest and most credible enabler of every home builder

Our values

  • Accuracy and Efficiency

    Utec provides a huge spectrum of accurate choices in terms of experts, advice and materials with 100% effectiveness.

  • Trust and Credibility

    Backed by an industry experience of over two decades in the built space, Utec embodies honest, trustful and meaningful partnerships across all stakeholders

  • Future-Focused

    Utec gives building homes a cutting-edge technological boost, starting with its unique digital platform to end of the line, building solutions.

                                                  PRIVACY POLICY FOR USERS

    UltraTech Cement Ltd. (“UltraTech”) is committed to respecting the privacy of every person who shares personal information with us, including their name, address, phone number, email address, date of birth, bank account information, company, designation and any other descriptive information that you may provide about yourself and/or that may be used to identify such individual ("Personal Information") through the utecbuild.com website and / or mobile application (“Platform”) or through our authorized third party partners. Your privacy is important to us and we strive to take reasonable care in the protection of the information we receive from you. 

    The purpose of this Privacy Policy ("Policy"), as amended from time to time, is to give you an understanding on how we intend to collect, store, transfer and use the Personal Information you provide to us via the Platform. The Policy may be subject to further changes. Upon updating the Policy, we may revise the "Updated" date at the bottom of this Policy. We suggest that you regularly check this Policy available on the Platform to apprise yourself of any updates. Your continued engagement with us will imply your acceptance of such updates to this Policy.

    This Policy is incorporated into and is subject to the Terms of Use, which can be accessed at Terms of use. This Policy is applicable to all persons including the Users who visit, access and / or avail of the Platform and our Services as defined in the Terms of Use.  

    By providing us your Personal Information, you hereby (i) consent to the collection, storage, use, disclosure, processing and transfer of such information (whether in India or outside), and (ii) represent that you have taken necessary consents from such persons on behalf of whom you have shared the information with us for the purposes as disclosed in this Policy. You are providing the information out of your free will. You have the option not to provide us the data or Personal Information sought to be collected if you do not agree with this Policy.

    Further, you have the option to not provide your consent, or withdraw any consent given earlier, provided that the decision to not provide consent / withdrawal of the consent is communicated to us at utclcare@adityabirla.com . If you do not provide us Personal Information or withdraw the consent to provide us with any of your Personal Information at any point in time, we shall have the option not to provide the benefits for the purpose of which the said Personal Information was sought, including various functionalities of the Platform.  

     

    Personal Information and its Usage

    We and/or our authorised Service Providers may collect, disclose, process and transfer your Personal Information:

    • To enable the functioning of the Platform and provision of Services, as defined in the Terms of Use, through the Platform either by us or our Service Providers. Such Service Providers are also bound by the privacy restrictions contained in the Policy;

    • To provide you with related benefits and services and to engage in / carry out the activities that would enable and assist in providing you the benefits and any services arising out of or by you accessing and using the Platform;

    • To understand your needs (how you use our Platform, Services you like, manner of use of Services) and to bring new and improved Services to you;

    • To contact you via SMS, email and other modes of communication in relation to Services availed by you, communicate offers, promotional events, updates and news on Services that may be of interest to you;

    • To transfer information about you if we are acquired by or merged with another company or in case of change of control;

    • To administer or otherwise carry out our obligations, including our obligations under the Terms of Use of the Platform; 

    • To respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims; and 

    • To investigate, prevent, or take action regarding illegal activities, suspected fraud, violations of / on the Platform or as otherwise required by law.

    We may also remove all the personally identifiable information and use the rest of the anonymized data / information enlisted above for historical or statistical purposes.

    We reserve the right to record the conversations between you and Service Providers or you and other Users facilitated by UltraTech through the Community feature on the Platform and the calls made by you or Service Providers to you through the UltraTech virtual phone number feature to safeguard the privacy of Users and Service Providers. The chat/messaging logs and/or call recordings may be used to ensure compliance with the Terms of Use and this Policy including to monitor and prohibit abuse, safeguard the rights of Users and Service Providers to resolve the disputes.

    You hereby consent that the collection, disclosure, storage, processing and transfer of any Personal Information or any other information as disclosed under this Policy shall not cause any loss or wrongful gain to you if the same is used for the purposes stated in this Policy. 

    The Platform may contain links to websites maintained by third parties. UltraTech does not have any control over such third party websites. You are advised to review the privacy policy and other terms of each website that you visit.

    Collection of Automatic Information, Use of Cookies 

    We may collect and process information about your visit to the Platform, such as the pages you visit, some of the searches you perform, your browser type, IP address. Such information is used by us to help improve the contents offered through the Platform and to compile aggregate statistics for internal, market research purposes. 

    In doing this, we may install "cookies" that collect the domain name of the user, your internet service provider, your operating system, and the date and time of access. Cookies are unique identifiers that we transfer to your device to enable our systems to recognize your device and to provide numerous features that require remembering who you are.

    You can choose to accept or decline cookies. You can set your browser to notify you when you receive a "cookie," this will enable you to decide if you want to accept it or not. We would like to inform you, however, that if you do not accept you may not be able to use all functionality of your browser software. We may obtain the services of outside parties to assist us in collecting and processing the information described in this section. 

    Authorization

    UltraTech may choose to host their data in servers located outside of India. You authorize us to store, transfer, share, part with your Personal Information, across borders and from your country and jurisdiction to any other countries and jurisdictions across the world (including India), with our affiliates / agents / third party service providers / partners and other agencies for purposes specified under this Policy or as may be required by law. 

    Retention of Personal Information

    UltraTech shall not retain your Personal Information after the purposes for which it is sought (as detailed in this Policy) is served or as otherwise required under any other law for the time being in force. The Personal Information shared by you shall be used only for the purpose for which it is collected and in the manner agreed by you. Personal Information however may remain on the servers unless otherwise deleted or purged permanently.  

    Security

    The security of your Personal Information is important to us. We have adopted reasonable security practices and procedures compliant with SOC2 and ISO 27001, as further described on our utecbuild.com Platform, to ensure that the Personal Information collected is secure. We also use encryption to help protect your Personal Information against unauthorized access and disclosure. You agree that such measures are secure and adequate.

    While we will endeavor to take all reasonable and appropriate steps to keep secure any information which we hold about you and prevent unauthorized access, you acknowledge that no electronic medium / security measure is 100% secure and that we cannot provide any absolute assurance regarding the security of your Personal Information submitted to us. We will not be liable in any way in relation to any breach of security or unintended loss or disclosure of information caused by any unauthorized access in relation to your Personal Information.

    Access

    If you need to access to your Personal Information, update or correct your Personal Information for any reason, you may do so by writing to us at utclcare@adityabirla.com , and your Personal Information will accordingly be updated / corrected on a real-time basis. 

    We encourage that you to update your Personal Information as and when there are any changes. You are further responsible to ensure that the Personal Information provided by you is true and accurate. We shall not be responsible for the authenticity of the Personal Information supplied by you and you shall indemnify and hold us harmless for relying on the Personal Information provided by you in case of your breach of this Policy and in case of any loss and/or damage suffered by us arising out of our use or reliance on the Personal Information provided by you.

    In the event you wish to know the names and addresses of the third parties to whom your Personal Information has been disclosed, you may request us for such information by communicating to us at utclcare@adityabirla.com. We will make all reasonable efforts to revert to you within a reasonable period of time, with the information that you require. 

    Grievance Officer

    In terms of the Information Technology (Intermediaries Guidelines) Rules, 2011 and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, any grievance or complaint or any discrepancies may be intimated to Mr. Niraj Singh at utec.grievances@adityabirla.com.

    We will endeavor to respond within an appropriate timeframe.

    Contacting Us

    We can address any questions, comments and concerns about our online privacy practices and policy. Please write to Mr. Niraj Singh at utclcare@adityabirla.com.

    PRIVACY POLICY FOR SERVICE PROVIDERS

    UltraTech Cement Ltd. (“UltraTech”) is committed to respecting the privacy of its Service Providers (as defined in the Terms of Use), who share personal information with us, including their name, date of birth, address, phone number, email address, professional qualification and any other descriptive information that you may provide about yourself any other information and/or that may be used to identify such natural individuals ("Personal Information") through the utecbuild.com website and / or Utec Partner mobile application (“Platform”). Your privacy is important to us and we strive to take reasonable care in the protection of the information we receive from you. 

    The purpose of this Privacy Policy ("Policy"), as amended from time to time, is to give you an understanding on how we intend to collect, store, transfer and use the Personal Information you provide to us via the Platform. The Policy may be subject to further changes. Upon updating the Policy, we may revise the "Updated" date at the bottom of this Policy. We suggest that you regularly check this Policy available on the Platform to apprise yourself of any updates. Your continued engagement with us will imply your acceptance of such updates to this Policy. 

    This Policy is incorporated into and is subject to the Terms of Use, which can be accessed at [Terms of Use]. This Policy is applicable to all Service Providers who visit, access and / or avail of the Platform and our Services as defined in the Terms of Use.

    By providing us your Personal Information, you hereby (i) consent to the collection, storage, use, disclosure, processing and transfer of such information (whether within India or outside), and (ii) represent that you have taken necessary consents from such persons on behalf of whom you have shared the information with us for the purposes as disclosed in this Policy. You are providing the information out of your free will. You have the option not to provide us the data or Personal Information sought to be collected if you do not agree with this Policy. If you are a company or another legal entity and are providing information including Personal Information of your representatives, you represent that you have authority to do so and have apprised such natural persons of this Policy and have obtained required consent to share their Personal Information on the Platform.  

    Further, you have the option to not provide your consent, or withdraw any consent given earlier, provided that the decision to not provide consent / withdrawal of the consent is communicated to us at utclcare@adityabirla.com. If you do not provide us Personal Information or withdraw the consent to provide us with any of your Personal Information at any point in time, we shall have the option not to provide the benefits for the purpose of which the said Personal Information was sought, including various functionalities of the Platform.  

     

    Personal Information and its Usage

    Certain information provided by you, including certain Personal Information, such as your name, location details, professional experience will be publicly available on your Service Provider Profile (as defined in the Terms of Use).

    Additionally, we and/or our other Service Providers may collect, disclose, process and transfer your Personal Information:

    • To enable the functioning of the Platform and provision of Services, as defined in the Terms of Use, through the Platform either by us or other Service Providers. Such arty Service Providers are also bound by the privacy restrictions contained in the Policy;

    • To provide you with related benefits and services and to engage in / carry out the activities that would enable and assist in providing you the benefits and any services arising out or by you accessing and using the Platform;

    • To understand your needs (how you use our Platform, Services you like, manner of use of Services) and to bring new and improved Services to you;

    • To contact you via SMS, email and other modes of communication in relation to Services availed/offered by you, communicate offers, promotional events, updates and news related to the Platform that may be of interest to you;

    • To verify the information provided by you regarding your services and conduct related background checks;

    • To transfer information about you if we are acquired by or merged with another company or in case of change of control;

    • To administer or otherwise carry out our obligations, including our obligations under the Terms of Use of the Platform; 

    • To respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims; and 

    • To investigate, prevent, or take action regarding illegal activities, suspected fraud, violations of / on the Platform or as otherwise required by law.

     

    We may also remove all the personally identifiable information and use the rest of the anonymized data / information enlisted above for historical or statistical purposes.

    We reserve the right to record the conversations between you and Service Providers or you and other Users facilitated by UltraTech through the Community feature on the Platform and the calls made by you or Service Providers to you through the UltraTech virtual phone number feature to safeguard the privacy of Users and Service Providers. The chat/messaging logs and/or call recordings may be used to ensure compliance with the Terms of Use and this Policy including to monitor and prohibit abuse, safeguard the rights of Users and Service Providers to resolve the disputes.

    You hereby consent that the collection, disclosure, storage, processing and transfer of any Personal Information or any other information as disclosed under this Policy shall not cause any loss or wrongful gain to you if the same is used for the purposes stated in this Policy. 

    The Platform may contain links to websites maintained by third parties. UltraTech does not have any control over such third party websites. You are advised to review the privacy policy and other terms of each website that you visit.

     

    Collection of Automatic Information, Use of Cookies 

    We may collect and process information about your visit to the Platform, such as the pages you visit, some of the searches you perform, your browser type, IP address. Such information is used by us to help improve the contents offered through the Platform and to compile aggregate statistics for internal, market research purposes. 

    In doing this, we may install "cookies" that collect the domain name of the user, your internet service provider, your operating system, and the date and time of access. Cookies are unique identifiers that we transfer to your device to enable our systems to recognize your device and to provide numerous features that require remembering who you are.

    You can choose to accept or decline cookies. You can set your browser to notify you when you receive a "cookie," this will enable you to decide if you want to accept it or not. We would like to inform you, however, that if you do not accept you may not be able to use all functionality of your browser software. We may obtain the services of outside parties to assist us in collecting and processing the information described in this section. 

     Authorization

    UltraTech may choose to host their data in servers located outside of India. You authorize us to store, transfer, share, part with your Personal Information, across borders and from your country and jurisdiction to any other countries and jurisdictions across the world (including India), with our affiliates / agents / third party service providers / partners and other agencies for purposes specified under this Policy or as may be required by law. 

     

    Retention of Personal Information

    UltraTech shall not retain your Personal Information after the purposes for which it is sought (as detailed in this Policy) is served or as otherwise required under any other law for the time being in force. The Personal Information shared by you shall be used only for the purpose for which it is collected and in the manner agreed by you. Personal Information however may remain on the servers unless otherwise deleted or purged permanently.  

    Security

    The security of your Personal Information is important to us. We have adopted reasonable security practices and procedures compliant with SOC2 and ISO 27001, as further described on our utecbuild.com Platform, to ensure that the Personal Information collected is secure. We also use encryption to help protect your Personal Information against unauthorized access and disclosure. You agree that such measures are secure and adequate.

    While we will endeavor to take all reasonable and appropriate steps to keep secure any information which we hold about you and prevent unauthorized access, you acknowledge that  no electronic medium / security measure is 100% secure and that we cannot provide any absolute assurance regarding the security of your Personal Information submitted to us. We will not be liable in any way in relation to any breach of security or unintended loss or disclosure of information caused by any unauthorized access in relation to your Personal Information.

    Access

    If you need to access to your Personal Information, update or correct your Personal Information for any reason, you may do so by writing to us at utclcare@adityabirla.com, and your Personal Information will accordingly be updated / corrected on a real-time basis. 

    We encourage that you to update your Personal Information as and when there are any changes. You are further responsible to ensure that the Personal Information provided by you is true and accurate. We shall not be responsible for the authenticity of the Personal Information supplied by you and you shall indemnify and hold us harmless for relying on the Personal Information provided by you in case of your breach of this Policy and in case of any loss and/or damage suffered by us arising out of our use or reliance on the Personal Information provided by you.

    In the event you wish to know the names and addresses of the third parties to whom your Personal Information has been disclosed, you may request us for such information by communicating to us at [Please provide the email ID]. We will make all reasonable efforts to revert to you within a reasonable period of time, with the information that you require. 

    Grievance Officer

    If you find any discrepancies or have any grievances in relation to the processing of information under this Policy, please contact us at: utclcare@adityabirla.com

    We will endeavor to respond within an appropriate timeframe.

    Contacting Us

    In terms of the Information Technology (Intermediaries Guidelines) Rules, 2011 and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, any grievance or complaint or any discrepancies may be intimated to Mr. Niraj Singh at utec.grievances@adityabirla.com.

    We will endeavor to respond within an appropriate timeframe.

    Contacting Us

    We can address any questions, comments and concerns about our online privacy practices and policy. Please write to Mr. Niraj Singh at utclcare@adityabirla.com

     

    Terms of Use - Users

    Welcome to Utec!

     

    Please read these terms of use for the Platform (“Terms of Use”) which, together with the Privacy Policy, Cancellations and Refunds Policy 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”). The Terms govern your use of the Utec platform www.utecbuild.com and/or the Utec mobile application (“Platform”), and the services offered therein.   

     

    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 – 400 093, India (“UltraTech / We / Us”) and the Users of the Platform.  

     

    Unless the context otherwise requires, “Users / You” means persons who have registered themselves on the Platform for availing the Services (as defined below) and all persons who use, access, browse and/or order the Services made available on the Platform in any manner and Service Provider/s means and includes retailers, architects, engineers, contractors, dealers and any such authorised third parties listed on the Platform for providing/availing Services and such other ancillary services. 

     

    UltraTech may, at any time: (i) upgrade, update, change, modify, or improve the Services or a part of the Services in a manner it may deem fit, and (ii) change, amend, modify, add, or remove portions of the contents of the Terms in substance, or as to procedure or otherwise; in each case which will then be applicable to all Users. Such changes shall be made applicable when they are posted. You hereby agree that any and all changes, updates, amendments, modifications, additions, or deletions made to the Terms by UltraTech shall be binding on You. UltraTech may also alter or remove any content from the Platform without notice. We will notify You through any of the communication modes as mentioned in this Terms in case of any changes or updates to the Terms that we believe may materially impact Your use of the Platform. Your continued use of the Platform following the changes or updates will mean that You accept the changes or revisions to the Terms and agree to abide by it. These Terms apply in addition to any other terms and conditions that UltraTech or its affiliated organizations may ask You to accept in relation to different activities or Services (defined below) offered to You through the Platform.  It is Your responsibility to review the Terms frequently for any updates / modifications to the Terms. 

     

    By creating an account on the Platform and /or making use of the feature of the Platform or the Services available therein, 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, order and/or use the Services made available on the Platform. 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. 

     

    YOU HEREBY AGREE, UNDERSTAND AND ACKNOWLEDGE THAT YOU SHALL BE BOUND BY THE CONDITIONS CONTAINED IN THIS TERMS, AND USE AND ACCESS OF THE PLATFORM AND AVAILING SERVICES SHALL BE SUBJECT TO THE 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 

     

    Terms for Users

    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; Your use of the Platform and Services availed through it do not violate any applicable law and regulation of India .  

     

    If a User is below, 18 years of age , it is assumed that he/she is accessing, browsing and/or using the Platform under the supervision of his/her parent or such person who is legal guardian under the applicable laws of India  (“Eligible Person”) and that such Eligible Person has read and agrees to the terms of this Terms on behalf of the User. Should UltraTech be made aware that a User is not of the legal age and is accessing, browsing and/or using the Platform without the supervision of an Eligible Person, UltraTech reserves the right to deactivate such User’s account without further notice. 

     

    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.    Services

     

    The Platform is an initiative to facilitate home building solutions to the Users. To make home building easy, accessible and user friendly, the Platform provides Users with access to a rich collection of resources including curated content relating to the home building eco-system, a marketplace for Users to connect with one another and with the Service Providers and various communications tools to get advice for all Your home building worries (collectively the "Service" or "Services"). All the Services are available on the Platform as well as UltraTech authorised stores (“Stores”). When You avail a Service through the Platform and/or Stores, You consent to be contacted by our authorised representatives and/or Service Providers in relation to the Service including by our customer support representatives. 

     

    Some specific features of the Platform and details of Services include: 

     

    a.    Service Providers

     

     i.UltraTech connects You to a wide range of Service Providers including but not limited to architects, engineers, contractors, any such third parties to provide assistance with home building.     

      ii.Each Service Provider has a profile page on the Platform (“Service Provider Profile”) which lists the Services offered. Given the general and “as-is” nature of the Platform, it is expressly agreed and acknowledged by the Users and the Service Providers that the Platform, as a marketplace, has not undertaken any check or verification of the Service Providers or the Users, their credentials or their profiles and that they are not specifically relying on any statements, or materials contained on Platform to make any business decisions. It is entirely the responsibility of the Users to conduct their own due diligence in relation to the Services being procured by them and verify all details of the Service Providers that they are transacting and/or interacting with, to their satisfaction. Users must however understand that any background check undertaken by UltraTech is not exhaustive and conclusive. UltraTech is not responsible for any representations, warranties, guarantee, misrepresentation made by the Service Providers as to the accuracy, suitability, timeliness, or quality of their services or information shared by Service Providers on their respective Service Provider Profile. Users should conduct necessary checks to verify if the Service Provider is suitable for You and the services/goods offered by such Service Providers meet Your requirements. 

     iii.Listing of the Service Providers on the Platform is merely an invitation to offer. The User may choose a Service Provider from the listing and request for a desired Service which will constitute an offer. The Platform facilitates the User and the Service Provider to negotiate and finalise on the Service on their own terms. The Service Providers or Users whose proposal for Services are rejected agree that they will have no claim whatsoever against UltraTech. 

     

    b.    Find Service Providers and Materials

     

     i.When in need of quality home building solutions, Users can conduct a search for material and/or Service Providers such as architects, engineers, contractors. Users can contact the Service Provider of their choice or request a call back from the Service Provider based on their own assessment of the services listed on the Service Provider’s Profile.  

        ii.If You request a call back, You consent to being contacted by phone/message/email by us and/or such Service Provider or their agent, authorised person, representative or employee. UltraTech does not disclose Your phone number to Service Providers and vice-versa. All calls are made through UltraTech’s virtual phone number feature. However, if You on Your own share Your information with any person / Service Provider directly then UltraTech shall not be liable or responsible for the same for whatsoever reason.  

      iii.UltraTech does not make any representation as to the suitability and reliability of the search results to the specific needs of the User and is not responsible for the quality/reliability of the Services offered by the Service Provider. 

     

    c.     Financial Services 

     

                                  i.UltraTech provides a lead generation platform for Users interested in availing various financial services such as loan for the purpose of constructing home etc from lending and financial services entities that are registered and regulated by the Reserve Bank of India (“Financial Services”). 

                                 ii.If You choose to avail the Financial Services feature, the information provided by You to avail the Service, will be shared with our financial partners, to assist You to avail the best of offers and services. You authorise us to share such information with our financial partners. You agree to be bound by the terms and conditions and privacy policy of our financial partners and authorise our financial partners to deal with Your information in accordance with such terms and conditions and privacy policy. 

                                iii.You agree and acknowledge that providing financial assistance shall be at the sole discretion of our financial partners. UltraTech shall not be held liable for any delay, rejection or approval of any application made through the Platform as we only forward Your request to our financial partners. 

                                iv.UltraTech shall not, directly or indirectly, be responsible for any obligations relating to the Financial Services.  

     

    d.    Design Services

     

                                  i.UltraTech offers certain design related services to Users through the Platform including providing a collection of pre-built 2D and 3D designs, provisions for conversion of plans to 2D and 3D designs, virtual reality services and the like (“Design Services”). UltraTech makes no representation in relation to the utility, suitability, practicability of the designs provided through its Design Services. The designs/drawings provided through the Design Services are merely concept designs/drawings and are not good for construction designs/drawings. Users are advised to seek professional advice when using/relying upon designs/drawings shared through the Design Services. UltraTech makes no representation that the designs suggested/provided through the Design Services conform with the local laws applicable in the location where the User wishes to build a home. Users are responsible to ensure that the designs/drawings conform to the local, state and national laws. Further, when building a home, Users may be required to obtain approvals and permissions from the relevant authorities and conduct feasibility checks, assessments, etc. Users should seek independent professional advice in relation to these aspects of home building. Users are responsible to obtain approval from local authorities with respect to the various aspects of construction and building. Any ambiguities/discrepancies in the designs/drawings provided by UltraTech must be brought to the notice of UltraTech as per the Cancellations and Refunds of Your receipt of the designs/drawings. 

                                 ii.You can avail certain Design Services, more specifically through the virtual-reality feature of the Design Services through which Users can view house designs on UltraTech’s virtual reality system at Your residence. You agree to act responsibly and lawfully when availing the virtual reality services at residence. User warrants that they are the owner of, or a tenant in, or has a right to use, access and allow access to, the address provided for availing the Service. As responsible members of the UltraTech family, you agree to handle all property used by UltraTech’s representatives to provide the virtual reality Services carefully and prudently. You agree that You will not cause nuisance, annoyance, inconvenience, or damage property when an UltraTech representative visits Your residence. The right to take any action against You, in case of any nuisance, annoyance, inconvenience, or damage caused by You is expressly reserved by UltraTech. Further, we also reserve the right to suspend/ terminate Your account with us in such case without any notice / intimation to You.  

     

    e.    Budgeting 

     

                                  i.For making quick budgeting decisions, Users can use the Budgeting feature on the Platform and authorised Stores of UltraTech. Based on the specifications and details provided by Users, Users may be provided with an approximate budget instantly with standard break up of materials. User agrees that the approximate budget provided is based purely on the algorithms adopted by UltraTech and are merely suggestive of the actual budget, time and costs involved in building a home. Users agree that UltraTech takes no responsibility for the accuracy of the suggestions made. UltraTech disclaims all liability (including escalation) in relation to the budgeting services offered by the Platform.  

     

    f. Estimation Services

     

                                  i.Apart from the Budgeting Service listed above, UltraTech also provides detailed Estimation Services for Users who may need assistance in understanding the costs and time associated with house building in detail. For such Users, UltraTech will provide detailed costs, quantity of material required and time estimation. Once a User makes a request, the estimate will be provided to the User making a request.  

                                 ii.User agrees that the estimations provided are merely suggestive of the actual budget, time and costs involved in building a home. Users agree that UltraTech takes no responsibility for the accuracy of the suggestions made. UltraTech disclaims all liability in relation to the estimation services offered by the Platform. 

     

    g.Consultancy Services

     

                                  i.Users may connect with representatives appointed by UltraTech (“Executives”) for seeking assistance on various aspects of home building, including best practices on home building. Users agree that any information provided on the Platform by the Executives are only suggestions and such information does not constitute the rendering of legal, accounting, tax, career or other professional advice or services. Information provided by the Executives and otherwise on the Platform should not be relied upon or used as a substitute for consultation with professional advisors. It is hereby agreed acknowledged by the Users that UltraTech, directly or indirectly, (under law, contract, tort or equity) has no liability or responsibility in relation to the consulting services offered by the Platform. 

     

    h. Learn Module 

     

                                  i.UltraTech aims to provide its Users with knowledge content on essentials of home building. For this purpose, Users have access to a wide range of educational videos and articles on the Platform. Users agree that any information provided on the Platform is only a guide and such information does not constitute the rendering of technical, legal, accounting, tax, career or other professional advice or services. Information shared through the Platform should not be relied upon or used as a substitute for consultation with professional advisors. It is hereby agreed acknowledged by the Users that UltraTech, directly or indirectly, (under law, contract, tort or equity) have no liability or responsibility in relation to the content services offered by the Platform. 

     

    i.  Community

     

                                  i.UltraTech may offer open chat feature/ chat functionality/ a community forum page/ space on the Platform to enable communication between Users or/and Users and Service Providers on the Platform. UltraTech’s role is limited to providing the Platform and the Services. With respect to User Content (as defined below), UltraTech’s role is that of an ‘intermediary’ as defined under the Information Technology Act, 2000 and the rules thereunder. Being an intermediary, UltraTech has no responsibility and / or liability in respect of any User Content (as defined below) on the Platform. 

                                 ii. You agree that all User Content created/shared/submitted by You on the Platform is on a non-proprietary and non-confidential basis.  

                                iii.UltraTech does not pre-screen user content posted by Users or communications between Users or/and Users and Service Providers (“User Content”). UltraTech has no obligation to monitor any User Content. However, UltraTech at its discretion and in accordance with applicable law may monitor any User Content and may remove any User Content from the Platform if UltraTech determines in its sole discretion that such User Content is in violation of the Terms or any applicable law. UltraTech may remove any communications from the Platform if UltraTech determines in its sole discretion that such communications are in violation of the Terms or any applicable law. Where UltraTech removes any User Content from the Platform, UltraTech will make reasonable efforts to inform the User who had posted such User Content about such removal. Such actions do not in any manner negate or dilute UltraTech’s position as an intermediary or impose any liability on UltraTech with respect to User Content.  

                                iv.UltraTech will consider all communications, requests and suggestions sent by Users and other members of the public regarding take down/disabling/removal/deletion any User Content provided that such communications are sent in a bona fide manner in good faith in the interest of the Platform and public good. However, UltraTech is not under any obligation to act on any such communications, requests and suggestions or respond to any one. UltraTech’s decision in this respect shall be final. Specifically, if any such request relates to a request / demand to take down/ disable/ remove/ delete any User Content, Platform content, or User communication, UltraTech is under no legal obligation to respond to or act on such requests. UltraTech will take such action as UltraTech is required to take under applicable law. If there is any valid court order or administrative order issued requiring UltraTech to take any action, then UltraTech shall comply with such court order or administrative order. 

     

    j.  My Teams

     

                                  i.UltraTech may offer private chat feature/ chat functionality space (“My Teams”) on the Platform to enable communication, messaging between Users or/and any other Users and/or Service Providers on the Platform where Users and Service Providers can share/exchanges messages, videos, images etc. UltraTech’s role is limited only to providing private chat feature on the Platform, however, if a User tags UltraTech in the private chat for any assistance/queries then UltraTech shall respond to the User. UltraTech does not have any control, responsibility or liability in respect of any communication being exchanged on My Teams.  

                                 ii.Through My Teams, a User can invite any other registered User and/or Service Provider for joining My Teams. 

                                iii.Through My Teams, Users must not promote products, services, schemes or offers using deceptive or misleading business practices, including those intended to scam people out of money or personal information. 

                                iv.Through My Teams, Users must not facilitate or promote online gambling, online real money, games of skill or online lotteries. 

                                 v.Through My Teams, Users must not incentivise other Users to misuse the MyTeams feature or functionality or the Platform. 

                                vi.Through My Teams, Users must not undertake, display, promote or advertise any illegal content or activities, including hate speech, offensive, inappropriate, obscene, unlawful and other objectionable content. 

     

    k. Permissions

     

                                  i.Through the Platform, UltraTech assists its Users with all aspects of home building.  Users can obtain information on the legal landscape in a particular region/locality including information on the relevant administrative offices, approvals for checklists and process documents. Any information contained on the Platform or this Service should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter. Users understand that they should not act or refrain from acting on the basis of any information included in, or accessible through, the Service without verification and seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a legal practitioner in the appropriate jurisdiction. 

                                 ii.While UltraTech endeavors to provide accurate and complete information, UltraTech does not warrant that the information is complete or accurate. Further, Users understand that the information provided is subject to change based on events not within the control of UltraTech including a change in the regulatory landscape and amendments/modifications in the law, in such case UltraTech endavors to update the information as soon as possible. UltraTech disclaims all liability to any person for any loss caused by errors, omissions, incomplete nature of the collection of information provided as part of this Service. 

     

    l.  Progress Tracker

     

                                  i.Through the Platform, UltraTech assists Users in tracking their house building progress. Progress tracked through the Progress Tracker is solely an estimated guide prepared on the basis of the information shared by Users. Users agree that the timelines indicated through the Progress Tracker are only an indication of the actual time that may be required for the purpose of building/designing a home.  

                                 ii.Users agree to not rely solely on the information provided through the Progress Tracker and conduct their own due diligence to estimate the progress of their house. Users agree that UltraTech takes no responsibility for the accuracy of the suggestions made. UltraTech disclaims all liability in relation to the suggestions provided. 

     

    The list of Services listed above is not comprehensive but merely indicative in nature. As the Platform deepens its reach, UltraTech may provide additional services from time to time, as may be relevant to the home building purpose. 

     

    3.    Advertisements

     

    UltraTech reserves the right to place advertisements and publicity materials of its choice, including that pertaining to third parties for commercial use on the Platform.    

     

    4.    User Account, Password and Security

     

    a.     To avail any of the Services, You are required to register for an account on the Platform.  

     

    b.     If You register on the Platform, or if You otherwise provide information on the Platform, You agree to (a) provide true, accurate, correct and complete information about Yourself as prompted by the Platform, and (b) 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 right to suspend or terminate Your account and/or  prohibit any and all present  or future use 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 completing the registration and verification process through OTP, an account will be designated to You.  

                           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; 

    D.     Payment information.  

                   v.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 (including negligence, act of omission and commission) to comply with the requirements under this section. 

     

    d.     The User shall assume all risks, liabilities, and consequences if his/her account has been accessed illegally or without authorisation through means such as hacking and if through such unauthorised access, any access or payment has been made for any Services. It is specifically clarified that payments of monies towards any Services by unauthorised or illegal use of the User’s account shall entirely be borne by the User. 

     

    e.      If You have any security related concerns, please contact Support at 1800 266 8823

     

    f.       We reserve the right to: 

                             i.Make all decisions in relation to, inter alia, Your registration with UltraTech; and 

                            ii.Request additional documents and additional information from You for the purpose of Your registration as a User with the Platform. 

     

    g.      For the purposes of registration and identifying a User on the Platform, UltraTech may, from time to time, collect certain personally identifiable information such as Your first name and last name, email address, mobile phone number, postal address, other contact information, demographic profile, etc. By registering on the Platform, it is deemed that the User has given express and specific consent for such collection and processing of data for the purpose of use of the Platform. Registration on the Platform is one-time, and You are required to remember Your username and password and keep the same confidential. In the event where you have misplaced Your username and password details, You can retrieve and change the same using the “forgot username/password” option on the Platform. User must not disclose, transfer, sublicense or otherwise part away with the username and password or try to circumvent them in any manner whatsoever and UltraTech shall bear no responsibility for any loss arising out of such disclosure. 

     

     

    h.     You understand that on Your registration on the Platform or on Your use of any Service or payment for performance and delivery of any Service on the Platform, You may receive text messages (including through internet-based mobile messaging) and/or emails from UltraTech on Your registered mobile number and/or email address. You shall be solely responsible to update Your registered mobile number and/or email address on the Platform in the event there is a change. These messages and/or emails could relate inter alia to Your registration, status of or update in relation to Your order placed for Your desired Service, payment information, information pertaining to Services and other activities You carry out on the Platform and information pertaining to the promotions that are undertaken by UltraTech (or third parties in connection with the Platform) from time to time.  Further, UltraTech may also send You notifications and reminders with respect to the due dates in relation to the performance of the agreed Services. While UltraTech shall make every endeavour to share prompt reminders and notifications in relation to the performance of Services with You, UltraTech shall not be held liable for any failure to send such notifications or reminders to You. 

     

    i.       It is expressly acknowledged by the User and the Service Providers that the Platform, as a marketplace, or UltraTech has not undertaken any check or verification of the Users or the Service Providers, their credentials or their profiles. It is entirely the responsibility of the Users and the Service Providers to verify all details of the Service Providers and Users that they are transacting and/or interacting with, to their satisfaction. UltraTech shall not be liable in any manner for credentials, representations acts or omissions of any User or Service Provider.  

     

    j.       THE USER AND THE SERVICE PROVIDER DISCLAIM ANY AND ALL CLAIMS, ACTIONS, SUITS AGAINST ULTRATECH ARISING OUT OF THE SERVICES PROVIDED OR TRANSACTIONS UNDERTAKEN THROUGH THE PLATFORM. FURTHER, BY EXECUTING THIS TERMS, ULTRATECH DOES NOT, NOR SHOULD IT BE CONSTRUED TO, EXTEND ITS SERVICES FOR THE BENEFIT OF ANY THIRD PARTIES APART FROM USERS. NOTHING IN THIS TERMS SHALL BE CONSTRUED TO CREATE ANY DUTY TO, OR STANDARD OF CARE WITH REFERENCE TO, OR ANY LIABILITY ON ANY PERSON WHO IS NOT A PARTY TO THIS TERMS. 

     

    k.      You agree not to enter into any contractual provisions in conflict with this Terms. Service Provider is solely responsible for the performance and quality of the Services availed by the User through the Platform in a timely manner. User and Service Provider each, covenant and agree to act with good faith and fair dealing in performance of the Services. 

     

    l.       UltraTech is not a party to the dealing, contracting and fulfillment of any Services between a User and a Service Provider. UltraTech only acts as an intermediary and has no control over and does not guarantee the quality, safety or legality of any Services performed or created, advertised, the truth or accuracy of Services listings, the qualifications, background, or abilities of Service Provider, the ability of Service Provider to perform Services, the ability of User to pay for Services, or that a User or Service Provider can or will actually complete a Service.  

      

    m.    UltraTech is not responsible for and will not control the manner in which a Service Provider operates and is not involved in the hiring, firing, discipline or working conditions of the Service Provider. All rights and obligations for the purchase and sale of Services are solely between a User and a Service Provider. User and Service Provider must look solely to the other for enforcement and performance of all the rights and obligations in relation to the Services, as may be agreed between the User and the Service Provider, and any other terms, conditions, representations, or warranties associated with such Services. UltraTech is not and cannot be a party to any dispute arising or in connection with the Service requested by a User and performed by a Service Provider on the Platform in its capacity as the host of the Platform. 

     

    n.     Once the Services are completed by the Service Provider, it is the decision of the User to accept or reject such Services. 

      

    o.      You agree and understand that in relation to Services listed on the Platform which are provided/rendered by Service Providers and the contents therein advertised by them, UltraTech is merely providing intermediary hosting services to its Users through the Platform. UltraTech shall bear no responsibility or liability in relation to or arising out of such third-party generated content. UltraTech neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission of such third-party generated content. In relation to Services rendered by the Service Providers, UltraTech is merely an intermediary and does not interfere in the transaction between User and Service Providers.  

     

    p.     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. 

     

    q.     UltraTech does not covenant or warrant that: 

                    i.the Services will be made available at all times; 

                   ii.any content displayed or available on the Platform is complete, true, accurate or non-misleading; 

                  iii.the Services listed on the Platform are of specified standards and quality;  

                  iv.the skill and quality of performance of Services by Service Providers will be to the expectation of the User; and  

                   v.UltraTech has undertaken any verification of the Users or Service Providers or their credentials. 

     

    5.    Fees

     

    a.     UltraTech may charge fees from Users ("Fees") in consideration for the use of the Platform and Services.  

     

    b.     Any applicable Fees (including any applicable taxes) will be displayed to You prior to Your use of the relevant paid Service. We reserve the right to vary the Fees at any time, and will provide Users adequate notice of any fee changes before they become effective. Such fee changes will not affect any transactions between You and UltraTech made prior to the effective date of the fee change. 

     

    c.      You are responsible for paying any Fees that is due to UltraTech or its Service Providers associated with the use of the Platform and/or Services including all taxes, charges etc. as applicable and levied. Users agree to provide true and accurate information when making payments. All payment of Fees is in Indian rupees.  The applicable Fees (including any applicable taxes) are collected through commonly used banking channels. You may use any of the payment method available on the Platform. UltraTech may enter into agreements with third party payment gateway aggregators and financial institutions authorized for collection, refund and remittance and to facilitate payment of Fees to UltraTech. 

     

    d.     All fees charged by Service Providers shall be as mutually agreed between the User and the Service Provider. UltraTech shall not, directly, or indirectly, have any liability or responsibility for commercial terms agreed between the User and the Service Provider including the fees to be paid to the Service Provider.  

     

    e.      All cancellations and refunds of any Service by a User shall be undertaken in accordance with the Cancellation and Refund Policy (insert hyperlink here).  

     

    f.       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. 

     

    g.      The contact details of the payment services provider can be viewed at www.payu.in

     

    6.    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.to send communications containing unsolicited / unauthorized/misleading advertisements, promotions or marketing material; 

                                    iii.that may result in harm to the reputation of or disparage UltraTech, the Platform and/or the Services provided in any manner; 

                                    iv.in any manner other than as agreed in the Terms. 

     

    b.     You warrant to UltraTech that You will comply with all applicable laws, statutes, ordinances, regulations and treaties regarding the use of the Platform, the Services and any other related activities. 

     

    c.      You agree that you will only contact a Service Provider only through the Platform at all times when You need Services.  

     

    d.     You are responsible for all the User Content (including messages, images, updates and files) that You post on the Platform (including with respect to its appropriateness, legitimacy and ownership). You must ensure that the User Content posted and the Feedback provided to UltraTech is in conformity with the Terms and applicable laws. When You use the Platform and/or contact UltraTech for any purpose including to provide Feedback, You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any User 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; 

     

    7.    Intellectual Property 

     

    a.     Rights of UltraTech

                    i.You acknowledge and agree that all the rights, title and interests in the Platform, and/or the Services including UltraTech’s compilation of regulatory information, 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 during and after the term of this Terms.  

                   ii.All intellectual property including in relation to the domain name www.utecbuild.com, any trademarks, logos, images and other content available on the Platform belongs exclusively to UltraTech/ its Service Providers/ 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. You may not copy, imitate or use, in whole or in part, without the prior written permission of UltraTech or wherever applicable, the owner of the intellectual property any trademarks, domain name, logos, images and other content available on the Platform; 

                  iii.You hereby grant UltraTech a perpetual, non-revocable, worldwide, royalty-free license to use, copy, distribute, display, reproduce, modify, adapt, the User Content posted/published by You on the Platform and further waive any rights that You may have under Section 30A of the Copyright Act, 1957 (or any similar provision under any applicable law) as well moral rights. 

     

    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 www.utecbuild.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.  

     

    8.    Confidential Information

     

    a.     “Confidential Information” shall mean all data, information and materials including, without limitation, computer software/program, documents, information, advice, manuals, databases, protocols, API, web tools, applications and interfaces and specifications provided by UltraTech etc., directly or indirectly, to You, under this Terms, whether written, oral or transmitted through the Platform or otherwise, and whether specifically marked as confidential or not.  

     

    b.     During the course of Your interactions with us, You may come into possession of our proprietary and Confidential Information. You shall, at all times, keep the Confidential Information confidential and use all reasonable efforts, including implementing reasonable physical security measures and operating procedures, to preserve the secrecy and confidentiality of such Confidential Information. You shall not, at any time, without our prior written approval from UltraTech, make any disclosures whatsoever of any Confidential Information to others. If You are not an individual, You may disclose the Confidential Information to Your officers, workforce, representative and employees (“Personnel”) only on “need to know basis” provided You advise such Personnel of the confidential nature of the Confidential Information and inform them not to disclose the same further. You shall, at all times, be responsible for the acts of Your Personnel.  You shall not modify or remove any confidentiality marking and/or copyright notices appearing on any Confidential Information. 

     

    9.    Third Party Sites / Content

     

    a.     The Platform may provide links or direct You to various third party websites, including those of Service Providers. 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 or any of the products or services described therein. You agree that UltraTech is in no way responsible for the accuracy, timeliness or completeness of information that it may obtain from these third parties and which may be posted / published on the Platform and as may be amended from time to time. You are advised use Your own judgment when engaging with third parties or relying on third party information available on the Platform. 

     

    c.      Any display of third party goods / services offered through the Platform does not in any way imply, suggest, or constitute any reputation, sponsorship, endorsement or approval of UltraTech by any such third parties. 

     

    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. 

     

    10.  User Account Suspension and Deactivation

     

    a.     Suspensions or termination of User accounts by UltraTech

    There may be circumstances wherein UltraTech, at its sole discretion, will be required to suspend or terminate a User account which will prevent You from utilising certain/all/any features available on the Platform. Suspension or termination may occur in the event UltraTech has any reason to believe that: 

                            i.Your account may be used for fraud or attempt to defraud; 

                           ii.Your account may be used for money laundering; 

                          iii.You are involved in collusion, rigging or cheating of any kind and are using the account for this purpose; 

                          iv.You are violating any applicable laws; 

                           v.You do not meet the eligibility criteria to access the platform; 

                          vi.You are trying to access Platform from any other territory from where UltraTech does not accept Users;  

                         vii.You misrepresent or provide wrong or misleading information or commits any act leading UltraTech to believe that You have either flouted the standards of integrity or have failed to meet its commitment; 

                        viii.You are violating these Terms in any manner; or 

                          ix.UltraTech is unable to verify or authenticate any information You submit. 

     

    b.     UltraTech may, at its sole discretion, partially or fully discontinue any or all Services or discontinue the operation of the Platform at any time, with two (2) months’ prior written notice, without any liability. UltraTech will publish a general notice to that effect on the Platform, which shall be applicable to all the Users. All the claims and liabilities arising before the date of discontinuation shall be valid and enforceable post discontinuation.  

     

    c.      The User may terminate the Terms at any time, provided that the User discontinues any further use of the Platform or Services. 

     

    d.     It is specifically clarified that any termination of the Terms by a User shall not cancel the User’s obligation to pay for any Services availed or initiated on the Platform, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination. 

     

    e.      Any provision of the Terms which imposes an obligation or creates a right that by its nature will be valid after termination or expiration of the Terms shall survive the termination or expiration of the Terms. 

     

    f.       Without limiting UltraTech’s other remedies, UltraTech may issue a warning, or temporarily suspend, indefinitely suspend or terminate Your account or an agreed Service, and refuse to provide any or all Services to You if: (a) You breach the letter or spirit of any terms and conditions of the Terms; (b) UltraTech is unable to verify or authenticate any information You provide to us; or (c) UltraTech believes in its sole discretion that Your actions may cause legal liability for You, its Users, including Service Provider or for UltraTech or are contrary to the interests of the Platform. Once indefinitely suspended or terminated, You must not continue to use the Platform under the same Account, a different Account, or register under a new Account. 

     

    g.      When Your account is terminated for any reason, You will no longer have access to data, messages, files and other material You keep on the Platform. The material may be deleted along with all Your previous posts and proposals. 

     

    h.     In case of events falling under (i) to (iv), 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 account. 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. 

     

    i.       In addition to the above, UltraTech reserves the right to suspend Your user account at any time without assigning any reason whatsoever.  

     

    j.       Upon suspension of Your user account, regardless of the reason(s), 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 suspension of Your user account or any other actions taken in connection with such account suspension. 

     

    k.      Deactivation of user account by You

    You may also deactivate Your user account by writing to UltraTech at utec.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 utec.care@adityabirla.com or raising request to our Call Centre at 1800 266 8823

     

    l.       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. Users must note that deactivation of account does not result in automatic termination of the agreement between the User and Service Provider. 

     

    11.           Feedback

     

    a.     Your feedback is important to us. Users can provide feedback, suggestions, and ideas about our Services ("Feedback"). When providing Feedback, Users agree to adhere to the terms mentioned in Section 6(c) 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. 

     

    12. Liability Disclaimer

     

    a.     We do not make any representations and warranties relating to the Platform including content therein, and the Services listed on the Platform. UltraTech disclaims any representation and warranties for the security, reliability, quality, timeliness, and performance of (i) the Platform, content on the Platform and Services offered on the Platform; (ii) third party products or services advertised on or received through the Platform or any links or other sources provided on the Platform; (iii) any information, content or advice received through the sites or links provided on the Platform. UltraTech makes no warranty or representation that any errors in the Platform will be corrected.   

     

    b.     You agree that use of the Platform and the Services on the Platform is at Your sole discretion. UltraTech is not responsible or liable for any consequences arising out Your use of the Platform.  

     

    c.      The Platform is provided on a “AS IS” and “AS AVAILABLE” and "with all faults" basis with no representations or warranties whatsoever. UltraTech is 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 UltraTech nor any third party is liable for the deletion, loss, mis-delivery, timeliness or failure to store or transmit any features or other aspects of the Platform or Services, content on the Platform or Your personalization and / or User account settings. 

     

    d.     The Platform and/or any Services 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 Website and/or the Services provided to You will be uninterrupted.  

     

    e.      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. 

     

    f.       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. 

     

    g.      UltraTech is not a party to any agreements, contracts, arrangements entered into between Users and Service Providers and disclaims all liability in relation to such arrangements and for any act, action, omission or work of any of the Service Providers. UltraTech is and will not in any way be engaged in facilitating, negotiating or assisting in the arrangements between the User and Service Provider. The Users fully hereby waive and relinquish any and all claims that they may have against UltraTech in relation to services provided or proposed to be provided, by the Service Providers.  

     

    h.     UltraTech is not liable for any loss suffered due to reasons beyond the control of UltraTech. UltraTech is not liable for any loss suffered as result of reliance on the advice of Executives or on the advice, promises, representation, assurances made by the Service Provider. UltraTech is also not responsible for any acts, representations and consequences of performance/inadequate performance/non-performance of any services by the Service Providers. Users agree that UltraTech will not be made a party to any dispute between them and Service Provider nor will UltraTech be liable in case of any such dispute.  

     

    13. Indemnity

     

    a.     You hereby agree to defend, hold harmless and indemnify UltraTech and its group companies, affiliates, associates, officers, directors, employees, consultants, licensors, subsidiaries, associates, affiliates and partners 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 (i) Your use of the Platform, (ii) Your breach of any provision of the Terms, (iii) actual and/or alleged infringement, by any other User of Your account with UltraTech, (iv) action or inaction on behalf of the Service Provider in performing and delivering the agreed Services, (v) actual and/or alleged infringement of any intellectual property or other right of any person or entity, and (vi) any dispute between Service Provider and User to which UltraTech is made a party in relation to the Services sought/ provided through the Platform, and (vii) any fraud, negligence, wilful misconduct or intentional wrongdoing on Your part,. UltraTech shall notify You promptly of such claim, loss, liability, or demand, and in addition to Your foregoing obligations, You agree to provide UltraTech with reasonable assistance, at Your expense, in defending any such claim, loss, liability, damage or cost. 

     

    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, Services, or the content posted by You on 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. 

     

    14.Limitation of Liability

     

    i.                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  the 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) conduct of any User on the Platform (c) unauthorized access to or alteration of transmissions or data, (d) malicious or criminal behaviour, or false or fraudulent transactions (e) technical or other operational lapses on the Platform (f) services provided by any Service Provider. In any event, the liability of UltraTech arising out of the Terms shall not exceed service fee, if any, paid to UltraTech. 

     

    15.           Personal Information and Data Security

     

    a.     UltraTech may collect, store, use, process and transfer to Service Providers information provided by You at the time of registration of Your user account, or during the course of Your use of the Platform, including Your personal information that shall be governed by the applicable data protection laws and the 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 this Term shall deemed to be acceptance of Privacy Policy. 

     

    c.      UltraTech is not responsible for and disclaims all liability in relation to personal information directly shared by Users to Service Providers via the Platform.  

     

    d.     UltraTech shall not be liable or responsible for any information or data shared by the Users with the Service Providers.  

     

    16.           Governing Law & Jurisdiction

     

    a.     The Terms is governed by the provisions of Indian law.  

     

    b.     Either party shall have the right to seek interim reliefs at appropriate forums / courts having jurisdiction thereof. Subject to Section 17 below, the courts at Mumbai, Maharashtra shall have exclusive jurisdiction over all matters connected with these Terms and Your use of the Platform.  

     

    17.           Dispute Resolution

     

    a.     In the event any dispute arises out of or in connection with the Terms herein, including the validity hereof, the Parties hereto shall endeavor to settle such dispute amicably in the first instance. For this purpose, You may reach out to customer support at 1800 266 8823 or write an e-mail to us on utec.care@adityabirla.com

     

    b.     The attempt to bring about an amicable settlement shall be treated as having failed as soon as one of the parties hereto, after reasonable attempts, which shall continue for not less than 15 (Fifteen) calendar days, gives a notice to this effect, to the other party in writing. 

     

    c.      If Parties are unable to resolve the dispute within thirty (30) days through negotiation, UltraTech and the Users hereby expressly agree that all disputes shall be finally settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted in the English language. The seat of arbitration shall be Mumbai. The arbitration shall be conducted by a sole arbitrator mutually appointed by UltraTech and the disputing User. Arbitration awards shall be reasoned awards and shall be final and binding on UltraTech and the disputing User/s and shall be enforceable in any court of competent jurisdiction. 

     

    18.           Term 

     

    The Terms will remain in full force and effect while You are registered with the Platform or use any Services available on the Platform in any form or capacity.  

     

    19.           Independent Contractor 

     

    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, shall UltraTech be considered an agent of Users.  

     

    b.     UltraTech does not, and shall not be deemed to, direct or control You generally or in Your performance under these Terms specifically, including in connection with provision of services by the Service Providers. You acknowledge and agree that You have complete discretion whether to use the Services, list as a Service Provider or otherwise engage in activities on the Platform. 

     

    20.           General Provisions

     

    a.     Entire Terms: For Users, the Terms constitute an entire, valid and binding agreement between You and UltraTech and governs Your access and use of the Platform. For Service Providers, the Terms and agreements entered into between You and UltraTech, if any, constitute an entire, valid and binding agreement between You and UltraTech and governs Your access and use of the Platform. In the event, these Terms are available in multiple languages, the Terms written in the English language and the meaning and intent conveyed thereunder shall prevail over the Terms of other languages and the Terms in the English language will be final and binding on the Users and the Platform. 

     

    b.     Binding Nature: These Terms shall be binding upon You and UltraTech and Your legal heir, administrator, executor, successors-in-interests and permitted assigns.  

     

    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. 

     

    f.       Force Majeure: Except for the payment of fees to UltraTech, neither of the parties to this Terms shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, lockdowns, operation of law, epidemics, pandemics, cyber attacks, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay. 

     

    g.      Notices: All notices and communications to the Platform shall be in writing, in English and shall be deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent by email, with due acknowledgment or complete transmission to the following address: 

     

    Postal Address:  

    UltraTech Cement Limited, 

    B-Wing, Ahura Centre, 2nd Floor, 

    Mahakali Caves Road, 

    Andheri East, Mumbai 400093 

    Email Addressutec.care@adityabirla.com

     

    Legal notices will be served to the email address You provide to us while enrolling as a User on the Platform. Notice will be deemed given 24 hours after such email notice has been sent. 

     

    21.           Contact Us

     

    If You have any questions or concerns regarding the Terms of Use or for any technical support or use of Services, please contact us at 1800 266 8823 Our authorised representatives may reach out to You to answer Your queries and/or address Your concerns.

     

    In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below who can be contacted with respect to any complaints or concerns including those pertaining to breach of the Terms and other policies or questionsutec.grievances@adityabirla.com

     

    These Terms of Use were last updated on: 19 November 2020

     

    Terms of Use -  Service Providers

    Welcome to Utec!

     

    Please read these terms of use for the Platform (“Terms of Use”) which, together with the Privacy PolicyCancellations and Refunds Policy 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”). The Terms govern Your use of the Utec platform www.utecbuild.com and/or the Utec mobile application (“Platform”), and the services offered therein.  

     

    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 (“UltraTech / We / Us”) and Service Providers (as defined below).  

     

    Unless the context otherwise requires, “Users” means persons who have registered themselves on the Platform for availing the Services (as defined below) and all persons who use, access, browse and/or order  the services made available on the Platform in any manner and “Service Provider/s / You” means and includes retailers, architects, engineers, contractors, dealers and any such authorised third parties listed on the Platform for providing/availing Services and such other ancillary services. 

     

    UltraTech may, at any time: (i) upgrade, update, change, modify, or improve the Services or a part of the Services in a manner it may deem fit, and (ii) change, amend, modify, add, or remove portions of the contents of the Terms in substance, or as to procedure or otherwise; in each case which will then be applicable to all Service Providers. Such changes shall be made applicable when they are posted. You hereby agree that any and all changes, updates, amendments, modifications, additions, or deletions made to the Terms by UltraTech shall be binding on You. UltraTech may also alter or remove any content from the Platform without notice. We will notify You through any of the communication modes as mentioned in this Terms in case of any changes or updates to the Terms that we believe may materially impact Your use of the Platform. Your continued use of the Platform following the changes or updates will mean that You accept the changes or revisions to the Terms and agree to abide by it. These Terms apply in addition to any other terms and conditions that UltraTech or its affiliated organizations may ask You to accept in relation to different activities or Services (defined below) offered to You through the Platform.  It is Your responsibility to review the Terms frequently for any updates / modifications to the Terms. 

     

    By creating an account on the Platform and /or making use of the feature of the Platform or the Services available therein, You agree and acknowledge that (i) You are a Service Provider; (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 Services available on the Platform. 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. 

     

    YOU HEREBY AGREE, UNDERSTAND AND ACKNOWLEDGE THAT YOU SHALL BE BOUND BY THESE TERMS, AND USE AND ACCESS OF THE PLATFORM AND PROVIDING/AVAILING SERVICES SHALL BE SUBJECT TO THE 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. 

     

    Terms for Service Providers

     

    These Terms are applicable to all Service Providers including architects, engineers, contractors, dealers and any such authorised third parties enlisted on the Platform for providing/availing Services and such other ancillary services. Architects, engineers, contractors are referred to as “Influencers” and dealers & retailers are referred to as “Material Providers” and UltraTech’s authorised stores are referred to as “Stores” in the Terms. Both Influencers and Material Providers are collectively referred to as “Service Providers”. These Terms are applicable to You in addition to any other agreements entered into between You and UltraTech.  

     

    1.              Eligibility

     

    a.              The Platform and/or the Services are available only to Service Providers 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.You will avail the Services only from within India; 

                   v.Your use of the Platform and Services availed through it do not violate any applicable law and regulation of India.  

     

    If a Service Provider is below 18 years of age, it is assumed that he/she is accessing, browsing and/or using the Platform under the supervision of his/her parent or such person who is legal guardian under the applicable laws of India (“Eligible Person”) and that such Service Providers parent or legal guardian has read and agrees to the terms of this Terms on behalf of the minor Service Provider. Should UltraTech be made aware that a Service Provider is not of the legal age and is accessing, browsing and/or using the Platform without the supervision of Eligible Person, UltraTech reserves the right to deactivate such Service Providers account without further notice. 

     

    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, Service Provider Profile and Security

     

    a.              To provide/avail any of the Services, 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 and understand that You will not be able to avail/provide 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 (a) provide true, accurate, correct and complete information about Yourself and Your services as prompted by the Platform including information reflected on Your Service Provider Profile (as defined below), and (b) 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 sign up through OTP and providing all information prompted by the Platform, Service Providers are required to send an approval request to UltraTech. UltraTech will verify the information provided by the Service Provider and notify the Service Provider once the information is verified; 

                           iii.Upon verification of the information provided, You will be provided with a Service Provider account; 

                           iv.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. 

                            v.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 and services provided by You through the Platform; 

    c.      Promotional messages including offers, updates on new services and promotions;  

    d.     Payment information 

                           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.              Service Provider shall assume all risks, liabilities, and consequences if his/her account has been accessed illegally or without authorisation through means such as hacking and if through such unauthorised access, any access or payment has been made for any Services. It is specifically clarified that payments of monies towards any Services by unauthorised or illegal use of the Service Provider’s account shall entirely be borne by the Service Provider. 

     

    e.               Each Service Provider will be able to create a public profile (“Service Provider Profile”) which lists the Services offered by You, Your location etc. and a virtual phone number provided by UltraTech through which other Service Providers and Users can connect with You. 

     

    f.                If You have any security related concerns, please contact Support at 1800 266 8823.  

     

    g.               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 Service Provider with the Platform. 

     

    h.              For the purposes of registration and identifying a Service Provider on the Platform, UltraTech may, from time to time, collect certain personally identifiable information such as Your first name and last name, email address, mobile phone number, postal address, other contact information, demographic profile, etc. By registering on the Platform, it is deemed that the Service Provider has given express and specific consent for such collection and processing of data for the purpose of use of the Platform. Registration on the Platform is one-time, and You are required to remember Your username and password and keep the same confidential. In the event where You have misplaced Your username and password details, You can retrieve and change the same using the “forgot username/password” option on the Platform. Service Provider must not disclose, transfer, sublicense or otherwise part away with the username and password or try to circumvent them in any manner whatsoever and UltraTech shall bear no responsibility for any loss arising out of such disclosure. 

     

     

    i.                You understand that on Your registration on the Platform or on in relation to any Service or payment for performance or delivery of any Service on the Platform, You may receive text messages (including through internet-based mobile messaging) and/or emails from UltraTech on Your registered mobile number and/or email address. You shall be solely responsible to update Your registered mobile number and/or email address on the Platform in the event there is a change These messages and/or emails could relate inter alia to Your registration, status of or update in relation to payment information, information pertaining to Services and other activities You carry out on the Platform and information pertaining to the promotions that are undertaken by UltraTech (or third parties in connection with the Platform) from time to time. Further, UltraTech may also send You notifications and reminders with respect to the due dates in relation to the performance of the agreed Services. While UltraTech shall make every endeavour to share prompt reminders and notifications in relation to the performance of Services with You, UltraTech shall not be held liable for any failure to send such notifications or reminders to You. 

     

    j.                It is expressly acknowledged by the Service Provider that the Platform, as a marketplace, or UltraTech has not undertaken any check or verification of the Users, their credentials or their profiles. It is entirely the responsibility of the Service Providers to verify all details of the Users that they are transacting and/or interacting with, to their satisfaction. UltraTech shall not be liable in any manner for credentials, representations acts or omissions of any User.  

     

    k.               Listing of the Service Providers on the Platform is merely an invitation to offer. The User may choose a Service Provider from the listing and request for a desired Service which will constitute an offer. The Platform facilitates the User and the Service Provider to negotiate and finalise on the Service on their own terms. The Service Providers or Users whose proposal for Services are rejected agree that they will have no claim whatsoever against UltraTech. 

     

    l.                THE SERVICE PROVIDER DISCLAIMS ANY AND ALL CLAIMS, ACTIONS, SUITS AGAINST ULTRATECH ARISING OUT OF THE SERVICES PROVIDED/AVAILED OR TRANSACTIONS UNDERTAKEN THROUGH THE PLATFORM. FURTHER, BY EXECUTING THE TERMS, ULTRATECH DOES NOT, NOR SHOULD IT BE CONSTRUED TO, EXTEND ITS SERVICES FOR THE BENEFIT OF ANY THIRD PARTIES APART FROM SERVICE PROVIDERS. NOTHING IN THIS TERMS SHALL BE CONSTRUED TO CREATE ANY DUTY TO, OR STANDARD OF CARE WITH REFERENCE TO, OR ANY LIABILITY ON ANY PERSON WHO IS NOT A PARTY TO THIS TERMS. 

     

    m.             You agree not to enter into any contractual provisions in conflict with this Terms. Service Provider is solely responsible for offering  Services to the User through the Platform in a timely manner. Service Provider covenants and agrees to act with good faith and fair dealing in performance of the Services. 

     

    n.              You affirm and agree that, given the general and “as-is” nature of the Platform, You are not specifically relying on any statements, or materials contained on Platform to make any business decisions. You agree to conduct Your own related due diligence in relation to the Services being provided/availed by You, as the case maybe.  

     

    o.               The Platform is a platform that User may, for their desired transactions, utilize to independently meet and interact with Service Providers. UltraTech is not a party to the dealing, contracting and fulfillment of any Services between a User and a Service Provider. UltraTech only acts as an intermediary and has no control over and does not guarantee the quality, safety or legality of any Services performed or created, advertised, the truth or accuracy of Services listings, the qualifications, background, or abilities of Service Provider, the ability of Service Provider to perform Services, the ability of User to pay for Services, or that a User or Service Provider can or will actually complete a Service.  

      

    p.              UltraTech is not responsible for and will not control the manner in which a Service Provider operates and is not involved in the hiring, firing, discipline or working conditions of the Service Provider. All rights and obligations for the purchase and sale of Services are solely between a User and a Service Provider. User and Service Provider must look solely to the other for enforcement and performance of all the rights and obligations in relation to the Services, as may be agreed between the User and the Service Provider, and any other terms, conditions, representations, or warranties associated with such Services. UltraTech is not and cannot be a party to any dispute arising or in connection with the Service requested by a User and performed by a Service Provider on the Platform in its capacity as the host of the Platform. 

     

    q.              Once the Services are completed by the Service Provider, it is the decision of the User to accept or reject such Services. 

      

    r.               You agree and understand that UltraTech is merely providing intermediary hosting services to its Users through the Platform. All Services listed on the Platform and the contents therein are advertised and listed by registered Service Providers and are third party generated contents. UltraTech shall bear no responsibility or liability in relation to or arising out of such third-party generated content. UltraTech neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. UltraTech is merely an intermediary and does not interfere in the transaction between User and Service Providers.  

     

     

    s.               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. 

     

    t.                UltraTech does not covenant or warrant that: 

                    i.the Services will be made available at all times; 

                   ii.any content displayed or available on the Platform is complete, true, accurate or non-misleading; 

                  iii.the Services listed on the Platform are of specified standards and quality;  

                  iv.the skill and quality of performance of Services by Service Providers will be to the expectation of the User; and  

                   v.UltraTech has undertaken any verification of the Users or Service Providers or their credentials. 

     

     

    3.              Services provided by Service Providers

     

     

    1.     “Services” in the context of Service Providers providing services on the Platform would mean such services You offer on Your Service Provider Profile to Users through the Platform. The Platform connects Users with Service Providers, subject to the Terms of Use. For this, the Platform enables, the registered Users to place their Service requirements on the Platform, elect the Service Provider to render the Services (as defined below) from amongst the duly registered Service Providers, and contract directly with such Service Provider to avail the Services. 

     

     

    a.     As a Service Provider on the Platform, You will be allowed to list services provided by You/Your business and stores, as the case may be, on the Platform as part of Your Service Provider Profile. You will be able to provide Services as requested by Users through the Platform in accordance with the Terms and users at Stores. You represent that You are legally able to provide the services listed by You on Your Service Provider Profile;  

    b.     You agree to perform Services diligently and with professional care & skill.  

    c.      You agree to use Your best efforts to meet the needs and requirements of Users and to promote the good reputation which UltraTech enjoys; 

    d.     You will not list or offer services apart from those mentioned in Your Service Provider Profile; 

    e.      You undertake to take remedial steps as and when a User informs You of any lapse in the standard and/or quality of service provided by You; 

    f.       If a User requests You to provide services related to home building other than or in addition to the Services agreed to be provided through the Platform, You shall ensure that such requests are routed through the Platform.  

     

    2.                  Services offered by Material Providers only:

     

    In addition to the above, the following is applicable only to Material Providers: 

     

    a.     Service Request Raising/Guided Journey

     

    When an individual visits a Material Provider store, irrespective of whether such individual is a User or not, the Material Provider is encouraged to promote the Services offered through the Platform. Material Provider can raise an individual’s (User/non-user) request to avail a Service available on the Platform by feeding such individual’s information into the Platform including particulars of their request (“Service Request”).  

    Alternatively, Material Provider may directly provide the Services available on the Platform (“Guided Journey”). Material Providers may be provided with a separate application to provide Guided Journey services. Material Providers agree that they are bound by the terms and conditions of use of such application. The Material Provider may be required to collect personal information from an individual including name and contact number for raising Service Requests or providing Guided Journey services. Material Providers agree that they and their employees, representatives, agents will not retain the personal information shared by an individual and only feed such information into the Platform. Further, Material Providers agree that they will not share such information with any third parties other than UltraTech without obtaining express authorisation from the individual. Material Partners agree that only genuine service requests made by individuals visiting their stores will be raised.  

     

    b.     Lead referral for Financial Services 

     

    Utec provides lead generation and referral services platform, whereby, Material Provider can refer potential leads interested in availing Financial Services through Utec and financial partners. 

    Whenever an individual visits a Material Provider Store, irrespective of whether such individual is a User or not, the Material Provider is encouraged to recommend/promote the Financial Services offered through the Platform. Material Provider can raise an individual’s (User/non-user) request to avail Financial 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 Material Provider shall be governed by the following terms:  

                              I. Scope of Service

     

                             i.Material Provider shall:

     

    a.     Identify a potential customer; 

    b.     Recommend/ promote Financial Services feature to potential customer; 

    c.      obtain details (i.e. name and contact details) of the Lead/s that shows interest for the Financial Services and record the same in the following manner / update the same on the Platform for forwarding the same to our financial partners; 

    d.     obtain consent/permission from Lead to share and forward its details for availing Financial Services; 

    e.      answer the preliminary queries raised by customer/Lead relating to Financial Services and give proper guidance. It is clarified that where the customer/ Lead seeks detailed assistance/guidance on the Financial Services, then the Material Provider shall redirect such customer/ Lead to UltraTech through Utec; 

    f.       seek prior written approval of UltraTech before performing any activity for promoting Financial 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. The Material Provider 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.     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. Material Provider’s role under this arrangement is only limited to collecting Service Request/ Lead and forward the same to UltraTech which shall thereafter be forwarded to financial partners. 

     

                        ii. The Material Provider 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 Material Provider, without assigning any reasons thereof and such decision shall be binding on the Material Provider and shall not entitle the Material Provider for any fee, compensation or claims of any nature whatsoever. 

     

                       iii.The Material Provider agrees and acknowledges that the arrangement between UltraTech and the Material Provider is on a non-exclusive basis and principal to principal basis.  

     

                       iv.The Material Provider agrees and acknowledges that UltraTech shall not be considered or represented as a broker, loan facilitator or an agent of financial partners or a financial services provider or financial intermediary under applicable laws. Arrangement of UltraTech with financial partners is only on principal to principal basis.  

     

                        v.Nothing under these terms or otherwise shall entitle the Material Provider to make any representations or warranties or commitments or obligation on behalf of UltraTech or financial partners or entitle Material Provider to enter into contracts or arrangements or understanding for or on behalf of UltraTech or its financial partners respect of Financial Services. Material Provider 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 Material Provider:

     

                             i.The Material Provider 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 thereafter forward the same to financial partners;   

    b.              clearly explain to customer/ Lead, the scope/process/purpose of lead collection including the process of forwarding the details of Lead to UltraTech who shall forward the same to financial partners; 

    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 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 Material Provider and UltraTech to share such information with financial partners for purpose of availing Financial Services; 

    f.                clearly communicate to customer/ Lead that providing financial assistance shall be at the sole discretion of financial partners and that Material Provider and UltraTech acts only as a medium to connect Lead with financial partners and shall not be held liable and/or responsible for any delay, rejection or approval of any application by the financial partners made through the Platform; 

    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.                adhere to the Code of Conduct of UltraTech (as provided under). Failure of Material Provider to adhere to Code of Conduct shall be deemed to be a material breach of this Terms and UltraTech shall have the right to terminate the Terms with the Material Provider; 

    j.                prevent unauthorised or unlawful processing of any information received from Leads; 

    k.               ensure that Material Provider’s conduct under this Terms does not result in any loss, monetary and otherwise, to UltraTech. 

     

                           ii. The Material Provider shall not carry out the following activities:

     

    a.                 at any time publish or advertise either in the newspapers, magazines, booklets, brochuers, 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 the Material Provider 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. The Material Provider 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 Material Provider, 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, Material Providers 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, Material Provider 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 Financial Service product information to the Material Provider as may be relevant, from time to time and which is considered appropriate by UltraTech; 

    b.                  pay the Sourcing Fees upon disbursement of the Financial Service as per the terms agreed herein between UltraTech and individual Material Provider;  

    c. 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; 

    d.                  inform Material Provider about the progress of the application towards disbursement/issuance of Financial Service at its discretion. 

     

                            IV.Representations & Warranties of Material Provider:

     

    The Material Provider 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 Material Provider. 

    f.       UltraTech shall not be held responsible/liable for any misrepresentation or wrong or incorrect information provided by the Material Provider or for any loss that UltraTech may suffer in the event Material Provider breaches any of the obligations as stated under the Terms Section

    g.      it shall be responsible for all acts or omissions of its personnel. 

     

                             V.Consideration

     

    a.      It is hereby agreed that to generate and provide Service Request/Lead for Financial Services, Material Provider shall receive sourcing fee (“Sourcing Fees”) as per the terms mentioned under Material Provider Dashboard. 

    b.      Apart from the Sourcing Fees as stated above and agreed between the Parties hereto, no other payment shall be made by UltraTech or financial partners under this Terms. 

    c.      In the event, Material Provider breaches any of terms and conditions under this Section then UltraTech shall have the right to set off, hold, deduct and recover from the Sourcing Fees or any other amount payable to the Material Provider.  

     

     

    4.              Services available to Service Providers

     

    Through the Platform, UltraTech provides various tools to Service Providers to enable them to cater to the needs of home builders. The Platform provides You with access to a rich collection of resources including curated content relating to the home building eco-system, a marketplace for Service Providers to connect with one another and with Users and many related services (collectively the "Service" or "Services"). All the Services are available on the Platform as well as the Stores. When You avail a Service through the Platform, You consent to be contacted by our authorised representatives and/or Service Providers in relation to the Service including by our customer support representatives. 

     

                    I.Services available to Influencers (i.e. architects, engineers, contractors)

     

    a.              Service Providers

     

                             i.UltraTech connects You to a wide range of other Service Providers who are enlisted on the Platform to perform home building related services.    

                             i.Each Service Provider has a profile page on the Platform (“Service Provider Profile”). Given the general and “as-is” nature of the Platform, it is expressly agreed and acknowledged by the Users and the Service Providers that the Platform, as a marketplace, has not undertaken any check or verification of the Service Providers or the Users, their credentials or their profiles and that they are not specifically relying on any statements, or materials contained on Platform to make any business decisions. It is entirely the responsibility of the Users to conduct their own due diligence in relation to the Services being procured by them and verify all details of the Service Providers that they are transacting and/or interacting with, to their satisfaction. Users must however understand that any background check undertaken by UltraTech is not exhaustive and conclusive. UltraTech is not responsible for any representations, warranties, guarantee, misrepresentation made by the Service Providers as to the accuracy, suitability, timeliness, or quality of their services or information shared by Service Providers on their respective Service Provider Profile. Users conduct necessary checks to verify if the Service Provider is suitable for them or not and the services/goods offered by such Service Providers meet User’s requirements or not. 

                            ii.Listing of the Service Providers on the Platform is merely an invitation to offer. The User may choose a Service Provider from the listing and request for a desired Service which will constitute an offer. The Platform facilitates the User and the Service Provider to negotiate and finalise on the Service on their own terms. The Service Providers or Users whose proposal for Services are rejected agree that they will have no claim whatsoever against UltraTech. 

     

     

    b.              Find Service Providers and Materials

     

                             i.When in need of home building material or related services, Service Providers can conduct a search for material and/or other Service Providers. You can contact the Service Provider of Your choice or request a call back from such Service Provider based on Your own assessment of the services listed on the Service Provider’s Profile.  

                            ii.If You request a call back, You consent to being contacted by phone/message/email by us and/or such Service Provider or their agent, authorised representative or employee. UltraTech does not disclose Your phone number to other Service Providers. All calls are made through UltraTech’s virtual phone number feature. However, if You on Your own share Your any information with any person / Service Provider directly then UltraTech shall not be liable and/or responsible for the same for whatsoever reason. 

                           iii.UltraTech does not make any representation as to the suitability and reliability of the search results to Your specific needs and is not responsible for the quality/reliability of the services offered by any Service Provider. 

     

    c.               Financial Services 

                             i.UltraTech provides a lead generation platform for Service Providers interested in availing Financial Services to support their business or for other purposes from lending and financial services entities that are registered and regulated by the Reserve Bank of India (“Financial Services”). 

                            ii.If You choose to avail the Financial Services feature, the information provided by You to avail the Service will be shared with our financial partners, to assist You to avail the best of offers and services. You authorise us to share such information with our financial partners. You agree to be bound by the terms and conditions and privacy policy of our financial partners and authorise our financial partners to deal with Your information in accordance with such terms and conditions and privacy policy. 

                           iii.You agree and acknowledge that providing financial assistance shall be at the sole discretion of our financial partners. UltraTech shall not be held liable for any delay, rejection or approval of any application made through the Platform as we only forward Your request to our financial partners. 

                           iv.UltraTech shall not, directly or indirectly, be responsible for any obligations relating to the Financial Services.  

      

    d.              Design Services

     

                             i.UltraTech offers certain design related services to You through the Platform including providing a collection of pre-built 2D and 3D designs, provisions for conversion of plans to 2D and 3D designs, virtual reality services and the like (“Design Services”). UltraTech makes no representation in relation to the utility, suitability, practicability of the designs provided through its Design Services. The designs/drawings provided through the Design Services are merely concept designs/drawings and are not good for construction designs/drawings. You are advised to seek professional advice when using/relying upon designs/drawings shared through the Design Services. UltraTech makes no representation that the designs suggested/provided through the Design Services conform with the local laws applicable in the location where You intend to use the designs/drawings. You are responsible to ensure that the designs/drawings conform to the local, state and national laws. Further, You may be required to obtain approvals and permissions from the relevant authorities and conduct feasibility checks, assessments, etc. before building a house or providing house building services in a particular locality. You should seek independent professional advice in relation to these aspects of home building. You are responsible to obtain approval from local authorities with respect to the various aspects of construction and building. Any discrepancies in the designs/drawings provided by UltraTech must be brought to the notice of UltraTech as per the Cancellations and Refunds Policy of Your receipt of the designs/drawings. 

     

                            ii.You can avail certain Design Services, more specifically the virtual-reality feature of the Design Services through which You can view house designs on UltraTech’s virtual reality system at Your residence. You agree to act responsibly and lawfully when availing the virtual reality services at residence. You warrant that You are the owner of, or a tenant in, or have a right to use, access and allow access to, the address provided for availing the Service. As responsible members of the UltraTech family, You agree to handle all property used by UltraTech’s representatives to provide the virtual reality Services carefully and prudently. You agree that You will not cause nuisance, annoyance, inconvenience, or damage property when an UltraTech representative visits Your residence. The right to take any action against You, in case of any nuisance, annoyance, inconvenience, or damage caused by You is expressly reserved by UltraTech. Further, we also reserve the right to suspend/ terminate Your account with us in such case without any notice / intimation to You.  

     

    e.               Budgeting 

     

                             i.For making quick budgeting decisions, You can use the Budgeting feature on the Platform and authorised stores of UltraTech. Based on the specifications and details provided You, UltraTech will provide You with an approximate budget instantly with standard break up of materials. You agree that the approximate budget provided is based purely on the algorithms adopted by UltraTech and are merely suggestive of the actual budget, time and costs involved in building a home. You agree that UltraTech takes no responsibility for the accuracy of the suggestions made. UltraTech disclaims all liability (including escalation) in relation to the suggestions provided.  

     

    f.                Estimation Services

     

                             i.Apart from the Budgeting Service listed above, UltraTech also provides detailed Estimation Services for You to understand the costs and time associated with house building in detail. Once You make a request, UltraTech will provide detailed costs, quantity of material required and time estimation.  

    Service Provider agrees that the estimations provided are merely suggestive of the actual budget, time and costs involved in building a home. Service Providers agree that UltraTech takes no responsibility for the accuracy of the suggestions made. UltraTech disclaims all liability in relation to the suggestions provided.  

    g.               Consultancy Services

     

                             i.You may connect with representatives appointed by UltraTech (“Executives”) for seeking assistance on various aspects of home building. You agree that any information provided on the Platform by the Executives are only suggestions and such information does not constitute the rendering of legal, accounting, tax, career or other professional advice or services. Information provided by the Executives and otherwise on the Platform should not be relied upon or used as a substitute for consultation with professional advisors. It is hereby agreed acknowledged by the Service Providers that UltraTech, directly or indirectly, (under law, contract, tort or equity) has no liability or responsibility in relation to the consulting services offered by the Platform. 

     

    h.              Community

     

                             i.UltraTech may offer a chat feature/ chat functionality/ a community forum page/ space on the Platform to enable communication between You, other Service Providers and with Users on the Platform. UltraTech’s role is limited to providing the Platform and the Services. With respect to User Content (as defined below), UltraTech’s role is that of an ‘intermediary’ as defined under the Information Technology Act, 2000 and the rules thereunder. Being an intermediary, UltraTech has no responsibility and / or liability in respect of any User Content (as defined below) on the Platform. 

                            ii.You agree that all User Content created/shared/submitted by You on the Platform is on a non-proprietary and non-confidential basis. 

                           iii.UltraTech does not pre-screen User Content or communications between You and other Service Providers or with Users (“User Content”). UltraTech has no obligation to monitor any User Content. However, UltraTech at its discretion and in accordance with applicable law may monitor any User Content and may remove any User Content from the Platform if UltraTech determines in its sole discretion that such User Content is in violation of the Terms or any applicable law. UltraTech may remove any communications from the Platform if UltraTech determines in its sole discretion that such communications are in violation of the Terms or any applicable law. Where UltraTech removes any User Content from the Platform, UltraTech will make reasonable efforts to inform the Service Provider who had posted such User Content about such removal. Such actions do not in any manner negate or dilute UltraTech’s position as an intermediary or impose any liability on UltraTech with respect to User Content.  

                           iv.UltraTech will consider all communications, requests and suggestions sent by You and other members of the public regarding take down/disabling/removal/deletion any User Content provided that such communications are sent in a bona fide manner in good faith in the interest of the Platform and public good. However, UltraTech is not under any obligation to act on any such communications, requests and suggestions or respond to any one. UltraTech’s decision in this respect shall be final. Specifically, if any such request relates to a request / demand to take down/ disable/ remove/ delete any User Content, Platform content, or communications, UltraTech is under no legal obligation to respond to or act on such requests. UltraTech will take such action as UltraTech is required to take under applicable law. If there is any valid court order or administrative order issued requiring UltraTech to take any action, then UltraTech shall comply with such court order or administrative order. 

     

    i.                My Teams

     

                             i.UltraTech may offer private chat feature/ chat functionality space (“My Teams”) on the Platform to enable communication, messaging between You or/and  Users and/or other Service Providers on the Platform where Users and Service Providers can share/exchanges messages, videos, images etc. UltraTech’s role is limited only to providing private chat feature on the Platform however, if a User tags UltraTech in the private chat for any assistance/queries then UltraTech shall respond to the Service Provider. UltraTech does not have any control, responsibility or liability in respect of any communication being exchanged on My Teams. 

                            ii.Through My Teams, a Service Provider can invite any other registered User and/or Service Provider for joining My Teams. 

                           iii.Through My Teams, Service Provider must not promote products, services, schemes or offers using deceptive or misleading business practices, including those intended to scam people out of money or personal information. 

                           iv.Through My Teams, Service Provider must not facilitate or promote online gambling, online real money, games of skill or online lotteries. 

                            v.Through My Teams, Service Provider must not incentivise other Users or Service Providers to misuse the My Teams feature or functionality or the Platform. 

                           vi.Through My Teams, Service Providers must not undertake, display, promote or advertise any illegal content or activities, including hate speech, offensive, inappropriate, obscene, unlawful and other objectionable content. 

     

     

    j.                Permissions

     

                             i.Through the Platform, UltraTech assists You with all aspects of home building. You can obtain information on the legal landscape in a particular region/locality including information on the relevant administrative offices, approvals for checklists and process documents. Any information contained on the Platform or this Service should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter. You understand that You should not act or refrain from acting on the basis of any information included in, or accessible through, the Service without verification and seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a legal practitioner in the appropriate jurisdiction. You will share any information provided through this Service with third parties at Your own risk. UltraTech is not responsible for any consequences, damages, loss caused to such third parties. 

                            ii.While UltraTech endeavors to provide accurate and complete information, UltraTech does not warrant that the information is complete or accurate. Further, You understand that the information provided is subject to change based on events not within the control of UltraTech including a change in the regulatory landscape and amendments/modifications in the law, in such case UltraTech endeavors to update the information as soon as possible. UltraTech disclaims all liability to any person for any loss caused by errors, omissions, incomplete nature of the collection of information provided as part of this Service. 

     

    k.               My Customers

                             i.You have access to database of all the Users catered to through the Platform and of individuals whose information You feed into the Platform (“User Dashboard”). Through the User Dashboard, You can access information including name and contact number.  

                            ii.You agree to act with information disclosed on the User Dashboard in a prudent manner. You further agree that they will not disclose such information to third parties without obtaining express consent from the relevant User.  

     

                   II.Services available to Material Providers

     

    a.              My Customers

                             i.Material Providers have access to database of all the Users catered to at the Material provider stores through the User Dashboard. Through the User Dashboard, Material Provider can access information including name and contact number.  

                            ii.Material Providers agree to act with information disclosed on the User Dashboard in a prudent manner. Material Providers further agree that they will not disclose such information to third parties without obtaining express consent from the relevant User.  

     

    b.              Community

     

                             i.UltraTech may offer a chat feature/ chat functionality/ a community forum page/ space on the Platform to enable communication between You, other Service Providers and with Users on the Platform. UltraTech’s role is limited to providing the Platform and the Services. With respect to User Content (as defined below), UltraTech’s role is that of an ‘intermediary’ as defined under the Information Technology Act, 2000 and the rules thereunder. Being an intermediary, UltraTech has no responsibility and / or liability in respect of any User Content (as defined below) on the Platform. 

                            ii.You agree that all User Content created/shared/submitted by You on the Platform is on a non-proprietary and non-confidential basis. 

                           iii.UltraTech does not pre-screen User Content or communications between You and other Service Providers or with Users (“User Content”). UltraTech has no obligation to monitor any User Content. However, UltraTech at its discretion and in accordance with applicable law may monitor any User Content and may remove any User Content from the Platform if UltraTech determines in its sole discretion that such User Content is in violation of the Terms or any applicable law. UltraTech may remove any communications from the Platform if UltraTech determines in its sole discretion that such communications are in violation of the Terms or any applicable law. Where UltraTech removes any User Content from the Platform, UltraTech will make reasonable efforts to inform the Service Provider who had posted such User Content about such removal. Such actions do not in any manner negate or dilute UltraTech’s position as an intermediary or impose any liability on UltraTech with respect to User Content.  

                           iv.UltraTech will consider all communications, requests and suggestions sent by You and other members of the public regarding take down/disabling/removal/deletion any User Content provided that such communications are sent in a bona fide manner in good faith in the interest of the Platform and public good. However, UltraTech is not under any obligation to act on any such communications, requests and suggestions or respond to any one. UltraTech’s decision in this respect shall be final. Specifically, if any such request relates to a request / demand to take down/ disable/ remove/ delete any User Content, Platform content, or communications, UltraTech is under no legal obligation to respond to or act on such requests. UltraTech will take such action as UltraTech is required to take under applicable law. If there is any valid court order or administrative order issued requiring UltraTech to take any action, then UltraTech shall comply with such court order or administrative order. 

     

    The list of Services listed above is not comprehensive but merely indicative in nature. As the Platform deepens its reach, UltraTech may provide additional services from time to time, as may be relevant to the home building purpose. 

     

    5.               Advertisements

    UltraTech reserves the right to place advertisements and publicity materials of its choice, including that pertaining to third parties for commercial use on the Platform.    

     

    6.              Fees

     

    a.              UltraTech may charge fees from You ("Fees") in consideration for the use of the Platform and Services.  

     

    b.              Any applicable Fees (including any applicable taxes) will be displayed to You prior to Your use of the relevant paid Service. We reserve the right to vary the Fees at any time, and will provide Service Provider adequate notice of any fee changes before they become effective. Such fee changes will not affect any transactions between You and UltraTech made prior to the effective date of the fee change. 

     

    c.               You are responsible for paying any Fees that is due  to UltraTech associated with the use of the Platform and/or Services including all taxes, charges etc. as applicable and levied. You agree to provide true and accurate information when making payments.  All payment of Fees is in Indian rupees.  The applicable Fees (including any applicable taxes) are collected through commonly used banking channels. You may use any of the payment method available on the Platform.  UltraTech may enter into agreements with third party payment gateway aggregators and financial institutions authorized for collection, refund and remittance and to facilitate payment of Fees to UltraTech. 

     

    d.              All cancellations and refunds of any Service availed by a Service Provider shall be undertaken in accordance with the Cancellation and Refund Policy (insert hyperlink here).  

    e.               UltraTech shall not be responsible if a payment made by a Service Provider 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 You and the network operator.  

     

    f.                The contact details of the payment services provider can be viewed at www.payu.in

     

    g.               For services offered by Service Providers to User, all fees charged by Service Providers shall be as mutually agreed between the User and the Service Provider. UltraTech shall not, directly, or indirectly, have any liability or responsibility for commercial terms agreed between the User and the Service Provider including the fees to be paid to the Service Provider. 

     

     

    7.              Reward Points

     

    UltraTech may award reward points to You for referring individuals to the Platform and for providing services to Users through the Platform. The terms and conditions for reward points shall be updated on the Platform as and when applicable and from time to time. 

     

    8.              Service Provider 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.to send communications containing unsolicited / unauthorized advertisements, promotions or marketing material; 

                           iii.that may result in harm to the reputation of or disparage UltraTech, the Platform and/or the Services provided in any manner; 

                           iv.in any manner other than as agreed in the Terms. 

     

    You warrant to UltraTech that You will comply with all applicable laws, statutes, ordinances, regulations and treaties regarding the use of the Platform, the Services and any other related activities. 

     

    c.               You agree that You will only contact other Service Provider/ User only through the Platform at all times when You avail Services and/or while providing services requested by a Service Provider/User through the Platform. 

     

    d.              You are responsible for all the Service Provider Content (including messages, images, updates and files) that You post on the Platform (including with respect to its appropriateness, legitimacy and ownership). You must ensure that the Service Provider Content posted and the Feedback provided to UltraTech is in conformity with the Terms and applicable laws. When You use the Platform and/or contact UltraTech for any purpose including to provide Feedback, You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any Service Provider 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. 

     

    e.               True and accurate information

     

                             i.You will provide true and accurate information about Your services/products and will not make any statements or act in a manner resulting in misrepresentation or offer for sale inauthentic/counterfeit products to Users. All the details of Your Services shared with Users are current, up-to-date and accurate.  

                            ii.You will not use Your Service Provider Profile to promote services not offered on or through the Platform. You will not use misleading titles that do not accurately describe Your services and You will not include brand names or other inappropriate keywords in Your Service Provider Profile. 

     

    f.                Compliance with applicable laws.

                             i.You are complying with all the regulatory requirements, all applicable laws in regard to the Services / products that You offer on or through the Platform. 

     

    g.               Communication with Users.

                             i.You will not contact Users and other Service Providers for any purposes other than those specified in these Terms and as required to provide services through this Platform. 

     

    h.              No use of Automated Processes.

                             i.You cannot use any automated processes, including IRC Bots, Robots, Spiders, Scrappers, EXE's, CGI or any other programs/scripts to view and collect information or content on or communicate/contact/respond/interact with the Platform and/or its Users unless specifically permitted by UltraTech. 

     

    i.                Promotions 

                             i.You will not promote raffles, prizes, bonuses, discounts through Your Service Provider Profile or otherwise through the Platform unless authorised in writing by UltraTech; 

                            ii.You will not post any third party endorsements or any promotional material in connection with that third-party companies. 

                           iii.You will not post any content that does not relate Your services and the Services provided through the Platform. 

     

    9.              Intellectual Property 

     

    a.              Rights of UltraTech

     

                             i.You acknowledge and agree that all the rights, title and interests in the Platform, and/or the Services including UltraTech’s compilation of regulatory information, 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 during and after the term of the Terms.  

                            ii.All intellectual property including in relation to the domain name www.utecbuild.com, any trademarks, logos, images and other content available on the Platform belongs exclusively to UltraTech/ its Service Providers/ 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 Service Provider under these Terms. You may not copy, imitate or use, in whole or in part, without the prior written permission of UltraTech or wherever applicable, the owner of the intellectual property any trademarks, domain name, logos, images and other content available on the Platform; 

                           iii.You hereby grant UltraTech a perpetual, non-revocable, worldwide, royalty-free license to use, copy, distribute, display, reproduce, modify, adapt, the Service Provider Content posted/published by You on the Platform and further waive any rights that You may have under Section 30A of the Copyright Act, 1957 (or any similar provision under any applicable law) as well moral rights. 

     

    b.              Your Rights

     

                             i.UltraTech grants Service Providers a limited, royalty-free right to use the Platform only for commercial purposes only in limited circumstances and in accordance with the Terms. 

                            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 www.utecbuild.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.  

     

    10.           Confidential Information

     

    a.              “Confidential Information” shall mean all data, information and materials including, without limitation, computer software/program, documents, information, advice, manuals, databases, protocols, API, web tools, applications and interfaces and specifications provided by UltraTech, directly or indirectly, to You, under this Terms, whether written, oral or transmitted through the Platform or otherwise, and whether specifically marked as confidential or not and also includes Lead information collected/obtained by You .  

     

    b.              During the course of Your interactions with us, You may come into possession of our proprietary and Confidential Information. You shall, at all times, keep the Confidential Information confidential and use all reasonable efforts, including implementing reasonable physical security measures and operating procedures, to preserve the secrecy and confidentiality of such Confidential Information. You shall not, at any time, without our prior written approval from UltraTech, make any disclosures whatsoever of any Confidential Information to others. If You are not an individual, You may disclose the Confidential Information to Your officers and employees (“Personnel”) only on “need to know basis” provided You advise such Personnel of the confidential nature of the Confidential Information and inform them not to disclose the same further. You shall, at all times, be responsible for the acts of Your Personnel.  You shall not modify or remove any confidentiality marking and/or copyright notices appearing on any Confidential Information. 

     

    11.           Third Party Sites / Content

     

    a.              The Platform may provide links or direct You to various third party websites, including those of other Service Providers. 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 or any of the products or services described therein. You agree that UltraTech is in no way responsible for the accuracy, timeliness or completeness of information that it may obtain from these third parties and which may be posted / published on the Platform and as may be amended from time to time. You are advised use Your own judgment when engaging with third parties or relying on third party information available on the Platform. 

     

    c.               Any display of third party goods / Services offered through the Platform does not in any way imply, suggest, or constitute any reputation, sponsorship, endorsement or approval of UltraTech by any such third parties. 

     

    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 Service Provider with such third parties or from availing any goods / services from such third parties. 

     

    12.           Account Suspension and Deactivation

     

    a.              Suspensions or termination of accounts by UltraTech

     

    There may be circumstances wherein UltraTech, at its sole discretion, will be required to suspend or terminate a Service Provider account, which will prevent You from utilising certain/all/any features available on the Platform. Suspension or termination may occur in the event UltraTech has any reason to believe that: 

     

                             i.Your account may be used for fraud or attempt to defraud; 

                            ii.Your account may be used for money laundering; 

                           iii.You are involved in collusion, rigging or cheating of any kind and are using the account for this purpose; 

                           iv.You are violating any applicable laws; 

                            v.You do not meet the eligibility criteria to access the platform; 

                           vi.You are trying to access Platform from any other territory from where UltraTech does not accept users;  

                          vii.You misrepresent or provide wrong or misleading information or commits any act leading UltraTech to believe that You have either flouted the standards of integrity or have failed to meet its commitment; 

                        viii.You provide wrong or misleading information or commits any act leading UltraTech to believe that You have either flouted the standards of integrity; 

                           ix.You are violating these Terms in any manner; or 

                            x.UltraTech is unable to verify or authenticate any information You submit. 

     

     

    b.              UltraTech may, at its sole discretion, partially or fully discontinue any or all Services or discontinue the operation of the Platform at any time, with two (2) months’ prior written notice, without any liability. UltraTech will publish a general notice to that effect on the Platform, which shall be applicable to all the Service Provider. All the claims and liabilities arising before the date of discontinuation shall be valid and enforceable post discontinuation.  

     

     

    c.               The Service Provider may terminate the Terms at any time, provided that the Service Provider discontinues any further use of the Platform or Services. 

     

    d.              It is specifically clarified that any termination of the Terms by a User shall not cancel the Service Provider’s obligation to pay for any Services availed or initiated on the Platform, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination. 

     

    e.               Any provision of the Terms which imposes an obligation or creates a right that by its nature will be valid after termination or expiration of the Terms shall survive the termination or expiration of the Terms. 

     

    f.                Without limiting UltraTech’s other remedies, UltraTech may issue a warning, or temporarily suspend, indefinitely suspend or terminate Your account or an agreed Service, and refuse to provide any or all Services to You if: (a) You breach the letter or spirit of any terms and conditions of the Terms; (b) UltraTech is unable to verify or authenticate any information You provide to us; or (c) UltraTech believes in its sole discretion that Your actions may cause legal liability for You, its Users, including Service Provider or for UltraTech or are contrary to the interests of the Platform. Once indefinitely suspended or terminated, You must not continue to use the Platform under the same Account, a different Account, or register under a new Account. 

     

    g.               When Your account is terminated for any reason, You will no longer have access to data, messages, files and other material You keep on the Platform. The material may be deleted along with all Your previous posts and proposals. 

     

    h.              In case of events falling under (i) to (iv), UltraTech may also be required to supply relevant Service Provider 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 Service Provider account. 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. 

     

    i.                UltraTech reserves the right to delist a Service Provider in the event it receives repeated complaints and/or negative reviews about a Service Provider and/or in relation to their Services. 

     

    j.                In addition to the above, UltraTech reserves the right to suspend Your Service Provider account without assigning any  reason whatsoever. 

     

    k.               Upon suspension of Your Service Provider account, regardless of the reason(s), all licenses granted to You hereunder will immediately cease and Your right to use the services reserved for registered Service Providers 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 suspension of Your Service Provider account or any other actions taken in connection with such account suspension. 

     

     

    l.                Deactivation of Service Provider account by You

     

    You may also deactivate Your Service Provider account by writing to UltraTech at utec.care@adityabirla.comm. 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 utec.care@adityabirla.com or raising a request to our Call Centre at 1800 266 8823

     

    Upon deactivation, all licenses granted to You hereunder will immediately cease and Your right to use the Services 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 Service Provider account or any other actions taken in connection with such account deactivation. Service Providers must note that deactivation of account does not result in automatic termination of the agreement between such Service Provider and UltraTech and/or between any User and Service Provider., as the case may be. 

     

    13.           Feedback

     

    a.              Your feedback is important to us. Service Providers can provide feedback, suggestions, and ideas about our Services ("Feedback").  When providing Feedback, You agree to adhere to the terms mentioned in Section 8 above. Service Providers 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. 

     

    14.           Liability Disclaimer

     

    a.              We do not make any representations and warranties relating to the Platform including content therein, and the Services listed on the Platform. UltraTech disclaims any representation and warranties for the security, reliability, quality, timeliness, and performance of (i) the Platform, content on the Platform and Services offered on the Platform; (ii) third party products or services advertised on or received through the Platform or any links or other sources provided on the Platform; (iii) any information, content or advice received through the sites or links provided on the Platform. UltraTech makes no warranty or representation that any errors in the Platform will be corrected.   

     

    b.              You agree that use of the Platform and the Services on the Platform is at Your sole discretion. UltraTech is not responsible for any consequences arising out Your use of the Platform.  

     

    c.               The Platform is provided on a “AS IS” and “AS AVAILABLE” and "with all faults" basis with no representations or warranties whatsoever. UltraTech is 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 UltraTech nor any third party is liable for the deletion, loss, mis-delivery, timeliness or failure to store or transmit any features or other aspects of the Platform or Services, content on the Platform or Your personalization and / or Service Provider account settings. 

     

    d.              The Platform and/or any Services 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 Website and/or the Services provided to You will be uninterrupted.  

     

    e.               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. 

     

    f.                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 Service Provider and UltraTech disclaims all liabilities in this regard. 

     

    g.               UltraTech is not a party to any agreements, contracts, arrangements entered into between Service Providers and Users or one Service Provider with another Service Provider and disclaims all liability in relation to such arrangements. UltraTech is and will not in any way be engaged in facilitating, negotiating or assisting in the arrangements between the Service Providers and Service Provider and Users. UltraTech shall not be responsible, directly, or indirectly, (under law, contract, tort or equity) for any act, action, omission or work of any of the Service Providers. The Service Providers fully hereby waive and relinquish any and all claims that they may have against UltraTech in relation to services provided or proposed to be provided, by the Service Providers. The Service Providers hereby expressly agree that they shall not, directly, or indirectly, (under law, contract, tort or equity) make any claims against UltraTech in relation to services provided or proposed to be provided, by them on the Platform or in relation to any payment obligation of User towards Service Providers.  

     

    h.              UltraTech is not liable for any loss suffered due to reasons beyond the control of UltraTech. UltraTech is not liable for any loss suffered as result of reliance on the advice of Executives or on the advice, promises, representation, assurances made by the Service Provider. UltraTech is also not responsible for any acts, representations and consequences of performance/inadequate performance/non-performance of any services by the Service Providers. Service Providers agree that UltraTech will not be made a party to any dispute between them and Service Provider nor will UltraTech be liable in case of any such dispute.  

     

    15.           Indemnity

     

    a.              You hereby agree to defend, hold harmless and indemnify UltraTech and its group companies, affiliates, associates, officers, directors, employees, consultants, licensors, subsidiaries, associates, affiliates and partners 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 (i) Your use of the Platform, (ii) Your breach of any provision of the Terms, (iii) actual and/or alleged infringement, by   Service Provider , (iv) action or inaction on behalf of the other Service Provider in performing and delivering the agreed Services, (v) actual and/or alleged infringement of any intellectual property or other right of any person or entity, and (vi) any dispute between Service Provider and User to which UltraTech is made a party in relation to the Services sought/ provided through the Platform, and (vii) any fraud, negligence, wilful misconduct or intentional wrongdoing on Your part,. UltraTech shall notify You promptly of such claim, loss, liability, or demand, and in addition to Your foregoing obligations, You agree to provide UltraTech with reasonable assistance, at Your expense, in defending any such claim, loss, liability, damage or cost.  

     

    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, Services, or the content posted by You on 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. 

     

    16.           Limitation of Liability

     

    a.              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 the 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) conduct of any Service Provider on the Platform (c) unauthorized access to or alteration of transmissions or data, (d) malicious or criminal behaviour, or false or fraudulent transactions (e) technical or other operational lapses on the Platform (f) services provided by any Service Provider. In any event, the liability of UltraTech arising out of the Terms shall not exceed service fee, if any, paid to UltraTech. 

     

    17.           Personal Information and Data Security

     

    a.              UltraTech may collect, store, use, process and transfer to third parties or other Service Providers information provided by You at the time of registration of Your account, or during the course of Your use of the Platform, including Your personal information that shall be governed by the applicable data protection laws and the 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

     

    c.               UltraTech is not responsible for and disclaims all liability in relation to personal information directly shared by You with Service Providers via the Platform. 

     

    d.              UltraTech shall not be liable or responsible for any information or data shared by You with the Users or other Service Providers.  

     

    18.           Governing Law & Jurisdiction

     

    The Terms is governed by the provisions of Indian law.  

    Either party shall have the right to seek interim reliefs at appropriate forums / courts having jurisdiction thereof. Subject to Section 17 below, the courts at Mumbai, Maharashtra shall have exclusive jurisdiction over all matters connected with these Terms and Your use of the Platform.  

     

    19.           Dispute Resolution

     

    a.              In the event any dispute arises out of or in connection with the Terms herein, including the validity hereof, the Parties hereto shall endeavor to settle such dispute amicably in the first instance. For this purpose, You may reach out to customer support at 1800 266 8823 or write an e-mail to us on utec.care@adityabirla.com

     

    b.              The attempt to bring about an amicable settlement shall be treated as having failed as soon as one of the parties hereto, after reasonable attempts, which shall continue for not less than 15 (Fifteen) calendar days, gives a notice to this effect, to the other party in writing. 

     

    c.               If Parties are unable to resolve the dispute within thirty (30) days through negotiation, UltraTech and the Service Provider hereby expressly agree that all disputes shall be finally settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted in the English language. The seat of arbitration shall be Mumbai. The arbitration shall be conducted by a sole arbitrator mutually appointed by UltraTech and the disputing Service Provider. Arbitration awards shall be reasoned awards and shall be final and binding on UltraTech and the disputing Service Provider and shall be enforceable in any court of competent jurisdiction. 

     

     

     

    20.           Term 

     

    a.              The Terms will remain in full force and effect while You are registered with the Platform or use any Services available on the Platform in any form or capacity.  

    21.           Independent Contractor 

     

    a.              These Terms does not create the relationship of employer - employee, principal and agent, joint ventures, or partners between the Service Providers and UltraTech, and in no circumstances, shall UltraTech be considered an agent of Service Providers.  

     

    b.              UltraTech does not, and shall not be deemed to, direct or control You generally or in Your performance under these Terms specifically, including in connection with provision of services by the Service Providers. You acknowledge and agree that You have complete discretion whether to use the Services, list as a Service Provider or otherwise engage in activities on the Platform. 

     

    22.           General Provisions

     

    a.              Entire Terms: The Terms and agreements entered into between You and UltraTech, if any, constitute an entire, valid and binding agreement between You and UltraTech and governs Your access and use of the Platform.  In the event, these Terms are available in multiple languages, the Terms written in the English language and the meaning and intent conveyed thereunder shall prevail over the Terms of other languages and the Terms in the English language will be final and binding on the Service Providers and the Platform. 

     

    b.              Binding Nature: These Terms shall be binding upon You and UltraTech and Your legal heir, administrator, executor, successors-in-interests and permitted assigns. 

     

    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. 

     

    a.              Force Majeure: Except for the payment of fees to UltraTech, neither of the parties to this Terms shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, lockdowns, operation of law, epidemics, pandemics, cyber attacks, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay. 

     

    b.              Notices: All notices and communications to the Platform shall be in writing, in English and shall be deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent by email, with due acknowledgment or complete transmission to the following address: 

     

    Postal Address

    UltraTech Cement Limited, 

    B-Wing, Ahura Centre, 2nd Floor, 

    Mahakali Caves Road, 

    Andheri East, Mumbai 400093 

    Email Addressutec.care@adityabirla.com

    Legal notices will be served to the email address You provide to us while enrolling as a User on the Platform. Notice will be deemed given 24 hours after such email notice has been sent. 

     

    23.           Contact Us

     

    If You have any questions or concerns regarding the Terms of Use or for any technical support or use of Services, please contact us at 1800 266 8823Our authorised representatives may reach out to You to answer Your queries and/or address Your concerns. 

     

    In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below who can be contacted with respect to any complaints or concerns including those pertaining to breach of the Terms and other policies or questions: utec.grievances@adityabirla.com

     

     

    These Terms of Use were last updated on: 19th November 2020

     

      

    Cancellation and Refund Policy

    This Cancellation and Refund Policy is an integral part of the Utec Terms of Use (the “Terms of Use”) and is incorporated therein by reference. Capitalised terms not defined in this Cancellation and Refund Policy shall have the meaning ascribed to them in the Terms of Use. This Cancellation and Refund Policy shall be read in conjunction with the Terms of Use. In the event of a conflict between the terms and conditions of the Cancellation and Refund Policy and those contained in the Terms of Use, the terms of the Terms of Use shall control, supersede and prevail and a breach of this Cancellation and Refund Policy shall be considered as a breach of the Terms of Use.

    This Cancellation and Refund Policy provides information about cancellation and refund related terms and conditions applicable to the Services on the Platform.

    Utec promises utmost customer satisfaction. However, in case of the expectations mismatch the User can request for cancellation or refund as follows:

    Cancellation Policy:

    All Service requests raised on the Platform will be reviewed for further processing (to assess whether UltraTech will be able to deliver such request or not). The status of the Service request will change to ‘Accepted’ when the Service request is deliverable by UltraTech.

    It is hereby clarified that all amounts paid by the User for any Service will be made towards UltraTech and not any Service Provider.

    A User can request for cancellation of the Service either (i) till the time the status of the Service request changes to ‘Accepted’ on the Platform, or (ii) after the status of such Service request has changed to ‘Accepted’ subject to the conditions set out below. The User will be eligible to receive a refund of up to 100% of the amount paid towards such Service by the User in such cases.

    Further, a User may cancel any Service requested by him/her when the Service request raised by the User is not ‘Accepted’ within 7 working days from the date of raising the Service request.

    A User can make a request for cancellation of the Service, free of cost, after it has been ‘Accepted’, within a period of 24 hours from the time of ‘Acceptance’ of the Service request. The User will be eligible to receive a refund of up to 100% of the amount paid towards such Service by the User in such cases.

    If a User wishes to cancel the Service after expiry of [24 hours] from the time of ‘Acceptance’ of the Service request, the User will be eligible to receive, as a refund, only a part of the amount paid towards such Service by the User, as set out in the table below.

    Time of Request for Cancellation from the time of ‘Acceptance’

    % of amount paid towards the Service eligible for refund

    24 hours to 48 hours

    75%

    48 hours to 72 hours

    50%

    After 72 hours

    0%

    For all Service requests raised on the Platform (on UltraTech), an estimated delivery time (“Estimated Delivery Date”) is intimated to the User for rendering such Service requests. However, if the Service is not rendered/delivered within 3 days of expiry of the intimated Estimated Delivery Date, the User can request for cancellation of the Service requested. The User will be eligible to receive a refund of up to 100% of the amount paid towards such Service by the User in such cases.

    All cancellation requests can be made by the User by (i) writing/sending an email to care@utecbuild.com, (ii) contacting/calling the Utec call center at 18002668823, or (iii) choosing the cancellation option available in the Utec mobile application.

    You cannot request for cancellation of a Service which has been rendered and delivered to You by UltraTech .

    In the event, the Platform incurs any charges (including chargebacks and reversals) as a result of cancellation of any Service requested by a User, the Platform shall be entitled to charge a cancellation fee on the User and recover such sum either by way of deducting the sum from the refund amount payable to the User or separately charge the User the cancellation fees which shall be payable to the User within 7 days from the date of intimation of such cancellation fee.

    UltraTech will stop all work on the Service request as soon as the User makes a cancellation request on such Service.

    Refund Policy:

    This refund policy is applicable only when the Service requested by the User is ‘accepted’ and is under process OR when the Service request has been rendered/delivered by UltraTech within the stipulated timeline and there is any deficiency in the Service rendered by UltraTech from the agreed Service request placed on the Platform by the User.

    Please note that this refund policy is not applicable to Estimation Services. The Platform will not entertain any refund requests for Estimation Services.

    Design Services: In relation to the Design Services offered by the Platform, if a User is not satisfied with the output / delivery of requested Design Service, the User can request for a change of the design or request for a modified iteration of the design. The Platform offers 3 (three) free iterations for  delivered Get Layout  Service, 2 iterations for Get 3D Service and one iteration for Get VR Experience Service

    (i) User can request for change of the design or request for a modified iteration of the 1st delivered Design Services. A request for a change or modified iteration of the Design Service can be made by the User through the (i) Utec mobile application, (ii) contacting/calling the Utec call center at  18002668823, (iii) writing/emailing to care@utecbuild.com, or (iv) via Utec Whatsapp account.

    (ii)  A User can make the first change request up to 30 days from the 1st delivery date of the Design Service. User must provide adequate information (including information in relation to the desired changes) within 7 days from the change request date.

    (iii) Similarly, a User can make the second or third change requests up to 30 days from the 2nd and 3rd delivery date, respectively, of the Design Service. User must provide adequate information (including information in relation to the desired changes) within 7 days from the respective change request date.

    (iv)  If a User  does not make a change request within 30 days from the date of rendering/delivering the Design Service request (as set out above), such User shall not be eligible to request a refund for such Service post expiry of the 30 days period. No refund request will be entertained by the Platform if an User fails to provide adequate information within 7 days after making the respective change request for the Design Service.

    Even after mentioned  changes / iterations, if the user is still not satisfied with the delivery of the service, User can request for the refund for stated service request.

    (i)In such case, the refund request will be escalated to concerned team and refund will be processed accordingly

    (ii) Once the refund is processed, respective delivered service output will be retrieved from the user account

    Modes of payment to User in case of cancellation / refund:

    (i) Refund amounts for any cancellation / refund will be credited to the User’s account from which the payment was made while generating/making the Service request.

    (ii) Refund amounts will be credited to the User’s account within 7-10 working days subject to the policies of the User’s bank and applicable guidelines issued by the Reserve Bank of India from time to time.

    UltraTech shall make all reasonable attempts to keep the User apprised of the status of refund through updates shared on the User’s registered mobile number and email address. UltraTech disclaims all liabilities that may arise on account of its failure to keep the User apprised of the status of the refund.

    If the request for refund is undisputed by UltraTech, the refund should reflect in the User’s bank account within such reasonable time (subject to the policies of the User’s bank in case of bank account/credit card refunds) from the date on which UltraTech initiates the refund.

    UltraTech solely reserves the right to temporarily or permanently restrict/suspend a User’s Account in the event a User has made multiple cancellation/refund requests on the Platform.

    UltraTech will process approved refund requests back to the User’s account subject to a review of the refund reason and circumstances to ensure compliance with the Terms of Use, and that the purpose of the refund is not to avoid any of the User’s obligations under Terms of Use. If UltraTech reasonably believes that the User has not complied with these terms and conditions or is seeking to avoid any such obligations, UltraTech shall not be obliged to make the refund.

    Amendments.

    UltraTech reserves the right to change its Cancellation and Refund Policy from time to time without any notice to You and You undertake to keep Yourself updated of all the policies uploaded and updated by UltraTech on the Platform from time to time. In particular, UltraTech may, at its sole discretion, introduce new Services and modify some or all of the existing Services offered on the Platform.

    In such an event, UltraTech reserves the right to introduce new cancellation/refund charges for the cancellation/refund of Services requested. Changes to the cancellation/refund charges structure shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform.

    Currency Limitations

    Unless otherwise stated, all refunds shall be quoted in Indian Rupees (INR) and all transactions shall be carried out between Indian bank accounts solely in Indian Rupees (INR), the legal tender of the Republic of India..

    Fraudulent Transactions; Erroneous or Duplicate Transactions.

    UltraTech reserves the right to stop any refund to You, if UltraTech discovers a fraudulent transaction, erroneous or duplicate transaction. You agree to and acknowledge UltraTech’s right to investigate any and all transactions for fraud. Further, You agree to cooperate with any reasonable requests made by UltraTech in an effort to investigate fraud. You agree that UltraTech has the right to initiate/undertake appropriate legal actions or withhold/stop such refund till the completion of such investigation. Fraudulent transaction is cause for termination of Your Account on the Platform and UltraTech, at its sole discretion, may block any further payments due to You. It is clarified that these remedies are in addition to all remedies available to UltraTech under the Terms of Use and/or at applicable law.

    Grievance Redressal.

    Any grievances relating to the Cancellation and Refund Policy may be directed by You to the grievance officer of UltraTech who can be contacted at utec.grievances@adityabirla.com.