Terms and Conditions

1.1. This document is an electronic record and does not require any physical or digital signatures.

1.2. 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 privacy policy and Terms of Use for access or usage of Constromat Website and APP.

1.3. Constromat is owned and operated by Indithrive Infratech Private Limited, a company incorporated under the relevant laws.

1.4. These terms of usage ("Terms of Use") govern your use of Constromat and the Services (as defined below) provided through Constromat. By using or visiting Constromat, or by using any content or information provided as part of Constromat/Services, you shall be deemed to have read, understood, and accepted to be bound by these Terms of Use.

1.5. For the purpose of these Terms of Use, wherever the context so requires, "You," "Your," or "Customer" shall mean any natural or legal person who uses Constromat to avail the Products and Services. The terms "We," "Us," or "Our" shall mean Indithrive Infratech Pvt Ltd, its employees, and authorized agents that perform any services on Indithrive Infratech Pvt Ltd's behalf.

1.6. We reserve the right to make changes to these Terms of Use at any time. Any such modifications will become effective immediately upon posting to Constromat, and your continued use of Constromat, and/or the services constitutes your agreement to such modifications. You agree to periodically review the current version of these Terms of Use as posted on Constromat.

1.7. Your continued use of Constromat following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms & Conditions, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use Constromat.

1.8. Use of Constromat is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of Indian Contract Act, 1872, including minors, undischarged insolvents, etc., are not eligible to use Constromat. If you are a minor, you shall not register as a User of Constromat and shall not transact on or use Constromat. As a minor, if you wish to use or transact on Constromat, such use or transaction may be made by your legal guardian or parents on Constromat. Indithrive Infratech Pvt Ltd reserves the right to terminate your membership and/or refuse to provide you with access to Constromat if it is brought to Indithrive Infratech Pvt Ltd's notice or if it is discovered that you are under the age of 18 years.

1.9. Any Customer who uses or accesses Constromat represents to be competent to contract or purchase the Products; represents and warrants that they have the authority to bind themselves to the Terms of Use.

2.1 Constromat provides construction material supply to Customers (as defined below) subject to your compliance with and acceptance of these Terms of Use.

2.2 For the purposes of these Terms of Use:

• "Applicable Law" shall mean any statute, law, regulation, ordinance, rule, judgment, notification, rule of common law, Order, decree, bye-law, government approval, directive, guideline, requirement, or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy, or administration, having the force of law of any of the foregoing, by any Authority having jurisdiction over the matter in question, whether in effect as of the date of these Terms of Use or thereafter.
• "Authority" shall mean any national, state, provincial, local or similar government, governmental, regulatory or administrative authority, branch, agency, any statutory body or commission or any non-governmental regulatory or administrative authority, body, or other organization to the extent that the rules, regulations and standards, requirements, procedures or Orders of such authority, body, or other organization that have the force of Applicable Law or any court, tribunal, arbitral or judicial body in West Bengal.
• "Customer" shall mean any natural or legal person who uses Constromat to purchase the Products that are being sold on Constromat.

3.1 Constromat acts as a platform for the sale of products. Customers cannot purchase products on the platform without mandatory registration. To access our exclusive product listings, Customers must register on Constromat ("Registered Customers"). The registration process may involve verification of Registered Customer details, which may include a detailed telephonic conversation between Constromat and the Registered Customer. Every Registered Customer shall create a unique password ("User ID" and "Password").

3.2 If you use Constromat, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your device to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.

3.3 You (whether or not a Registered Customer) agree, among other things, to provide true, accurate, current, and complete information about yourself as prompted by the Constromat registration form. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend, terminate, or block your access to Constromat indefinitely.

3.4 We will make every effort to ensure uninterrupted availability of the platform and error-free transmissions. However, due to the nature of the Internet, we cannot guarantee uninterrupted service. Also, we may occasionally suspend or restrict your access to Constromat to allow for repairs, maintenance, or the introduction of new features or services without prior notice.

3.5 Your Conduct

You must not use Constromat in any way that disrupts, damages, or impairs the platform or access to it. You must not use Constromat for any of the following:

• 3.5.1. For fraudulent purposes or in connection with criminal offenses or other unlawful activities.
• 3.5.2. To send, use, or reuse any material that does not belong to you; or is illegal, offensive, deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, or menacing.
• 3.5.3. To cause annoyance, inconvenience, or needless anxiety.
• 3.5.4. To disclose pricing sent by suppliers on our platform to anyone else apart from your own company.
• 3.5.5. To try connecting directly with the suppliers to arrange purchases.

4.1 Representations, Warranties, and Obligations of Constromat:

Constromat hereby represents and warrants that:

• (a) Constromat is a duly registered entity in accordance with the applicable legal regulations;
• (b) Constromat is in compliance with all relevant laws and regulations necessary to provide its services, subject to these Terms of Use;
• (c) Constromat will adhere to the Privacy Policy and ensure the security of user data at all times.

4.2 Representations and Warranties of the Customer:

The Customer hereby represents and warrants that:

• (a) The Customer is a natural or legal entity with the legal capacity to enter into contracts;
• (b) The Customer will provide accurate and complete information during the registration process;
• (c) The Customer will fulfill their payment obligations for Products purchased through Constromat;
• (d) The Customer acknowledges that there may be slight variations between the Product image, description and its physical form;
• (e) The Customer acknowledges that once an order is placed on Constromat for a Product, it cannot be cancelled or modified.

5.1 Ownership of Materials: All materials found on Constromat's website, including but not limited to pricing, supplier, images, illustrations, text, logos, page headers, audio clips, and video clips, are the exclusive property of Constromat and are protected by copyrights, trademarks, and other intellectual property rights.

5.2 Prohibited Activities: Copying, storing, distributing, transmitting, posting, linking, re-publishing, deep linking, or otherwise modifying website materials in whole or in part, other than for your own personal, non-commercial use, without the explicit written permission of Constromat, is strictly prohibited.

5.3 Trademarks: Constromat's name, logo, and other graphics, logos, page headers, button icons, scripts, and service names used on the website are trademarks, registered trademarks, or trade dress of Constromat in India and worldwide.

5.4 Ownership of Services: You acknowledge and agree that Constromat owns all legal rights, title, and interest in and to the Services, including any intellectual property rights associated with the Services.

5.5 Restrictions on Trademarks: Unless expressly authorized in writing by Constromat, you are not permitted to use any of Constromat's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

5.6 Other Trademarks: Any other trademarks appearing on Constromat's website are the property of their respective owners and may not be used, communicated, or distributed without explicit written permission.

5.7 Intellectual Property Violations: Any violation of the terms related to intellectual property rights may result in civil and/or criminal penalties.

6.1 Constromat grants you a limited, revocable license to access and use the website as our customer. However, you are not permitted to:

• 6.1.1. Reproduce, duplicate, copy, sell, or otherwise exploit the website or any Constromat content for any commercial purpose;
• 6.1.2. Use automated tools, such as robots, spiders, data mining, or extraction processes;
• 6.1.3. Use any meta tags, search terms, key terms, or similar elements that include Constromat's name or trademarks;
• 6.1.4. Engage in any activity that disrupts the website or hinders another user's ability to use the website;
• 6.1.5. Modify, create derivative works from, reverse engineer, decompile, or disassemble any technology used to provide the website;
• 6.1.6. Assist or encourage any third party in engaging in activities prohibited by these Terms of Use;
• 6.1.7. Disclose any pricing to anyone outside of your registered company;
• 6.1.8. Connect with suppliers for direct purchase of products.

6.2 Any use of the website or Website Content that is not expressly authorized herein is prohibited and will immediately terminate the license granted herein without any prior notice.

7.1 The Constromat website may contain links to other websites ("Linked Sites"). The Linked Sites are beyond the control of Constromat. We are not responsible for the content of any Linked Site, including any links within a Linked Site or any changes or updates to a Linked Site.

7.2 We provide these links for convenience only, and their inclusion does not imply endorsement by Constromat of the Linked Sites or any affiliation with their operators or owners.

7.3 By accessing Linked Sites, you agree to abide by the terms of use, privacy policies, and additional policies of those Linked Sites. You further acknowledge and agree that Constromat is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, advertising, products, services, or other materials available on or through any Linked Sites.

8.1 Payment Methods

8.1.1 Accepted Payment Methods: Constromat accepts payments through the following methods:

• Bank Transfer
• Cheques
• Demand Deposits
• Netbanking

8.1.2 Bank Guarantees: Bank Guarantees may be accepted on a case-by-case basis for large orders. Please contact our customer support team for inquiries regarding Bank Guarantees.

8.2 Advance Payment: All payments must be made in full in advance before an order is confirmed. Constromat does not offer Cash on Delivery (COD) orders, and no exceptions can be made for this policy.

8.3 Order Confirmation: Only when net banking, bank transfer, cheques or demand deposits have been successfully credited to Constromat's account will the order be considered confirmed.

8.4 Offline Payment Information: It is the customer's responsibility to share the details of offline payments made, including transaction details, with Constromat. Please send payment details to support@constromat.com to ensure prompt order processing.

8.5 Large Orders and Custom Payments: For large orders or custom payment arrangements, please contact our sales team for personalised assistance.

8.6 Payment Disputes: In the event of any payment disputes or discrepancies, please contact our customer support team immediately for resolution.

8.7 Taxes and Duties: Customers will be responsible for any applicable taxes or other charges associated with their orders.

8.8 Payment Security: Constromat takes payment security seriously and employs industry-standard security measures to protect your payment information.

10.1 To track the delivery of your order, visit the "My Requests" section on the application and click the order status option next to the product you ordered.

10.2 Please review the Constromat terms of use before purchasing any products or services from the website. Accessing, browsing, purchasing, or using the website implies your agreement to the following terms and conditions.

11.2 Quality Issues: If you encounter any issues with the quality of the product, it is essential to address them before signing the Challan. Please inform the site supervisor immediately if you identify any quality concerns. Contact our Constromat helpline number for prompt assistance in resolving such issues.

11.3 No Cancellations After Dispatch: Once your order has been dispatched from the supplier, we cannot accept cancellations. In such cases, the entire amount paid for the order will be forfeited.

11.4 Product Specification Discrepancies: If the product delivered by the supplier does not meet the specified requirements or specifications, please contact the Constromat helpline number immediately. We will work to address and rectify any discrepancies to your satisfaction.

11.5 Cancellation Process: Cancellation requests must be made before the order is dispatched by the supplier. Once the order has been dispatched, cancellation is not possible, and the order amount will be forfeited.

11.6 Contact Us: If you have any questions or concerns regarding our return, refund, or cancellation policy, please do not hesitate to contact our customer support team.

12.1 Security Measures: Constromat takes comprehensive measures to ensure the security, privacy, and integrity of your sensitive personal information. We are committed to safeguarding it from any unauthorized access, alteration, destruction, or disclosure.

12.2 Third-Party Responsibility: Constromat cannot be held responsible for any security breaches or unlawful actions by third parties who gain access to your personal information.

12.3 Privacy Policy: Our Privacy Policy provides comprehensive details on how we collect, categorize, use, disclose, and protect customer information.

12.4 Use of Personal Information: All personal information you provide is used solely for the following purposes:

• Facilitating your access to our website
• Responding to your inquiries or fulfilling requests regarding our products and services
• Providing information about available products and services
• Sending marketing communications and conducting market surveys
• Personalising your online shopping experience
• Assisting with resolving any website-related issues
• Completing purchases made on the website
• Administering the website professionally and effectively

13.1 Constromat, the Services, and each component thereof are provided on an "AS IS" basis without any warranties, either express or implied. To the maximum extent permitted by applicable law, Constromat disclaims all warranties.

13.2 Constromat shall not be liable for any direct, indirect, incidental, or consequential damages incurred by users due to their use of Constromat's Services or due to the unavailability of the Services.

13.3 If you are dissatisfied or harmed by Constromat or anything related to our services, your sole remedy is to terminate these Terms of Use by unsubscribing or discontinuing your use of Constromat's Services.

13.4 Constromat reserves the right to disclose user information to the relevant authorities as required by applicable law.

13.5 Constromat reserves the right to add, modify, or amend any or all of these terms and conditions at any time.

15.1 Constromat may, at its sole discretion and without providing a reason, deactivate, suspend, or restrict a user's access to the website and/or Services temporarily. This action may occur without prior notice to carry out system maintenance, upgrades, testing, repairs, or other related work.

15.2 Constromat reserves the unilateral right to add, change, delete, or terminate the Services at any time, with or without notice to the user.

16.1 You shall indemnify and hold harmless Constromat, its subsidiaries, affiliates, and their respective officers, directors, agents, and employees from any claim, demand, or actions, including reasonable attorney's fees, made by any third party or penalties imposed due to or arising out of your breach of these Terms of Use.

16.2 In the event that you have a dispute with one or more users, you hereby undertake to release Constromat from claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

17.1 Constromat reserves the right to terminate these Terms of Use with respect to you immediately, without notice, in the event of any breach by you of these Terms of Use or any of our applicable policies.

17.2 Upon the termination of these Terms of Use, Constromat may delete all information related to you with respect to the services you availed. Additionally, you will no longer have access to log into the website.

20.1 Constromat reserves the right to change these terms and conditions periodically without prior notification. It is your responsibility to review the Constromat Terms & Conditions regularly.

20.2 If you wish to terminate your account due to any modifications in the Terms & Conditions or any policies of Constromat, you may do so by sending an email with the subject line "Termination" to: info@constromat.com

20.3 In the event of inconsistencies between these Terms & Conditions and any information included in offline materials (e.g., promotional materials and mailers), these Terms & Conditions shall always prevail.

21.1 Constromat is provided without any warranties or guarantees. You must bear the risks associated with the use of Constromat.

21.2 You expressly understand and agree that your use of Constromat services is at your sole risk, and the services are provided in an "as is" and "as available" form.

21.3 Constromat does not represent or warrant that:

• Your use of the services will meet your requirements
• Your use of the services will be uninterrupted, timely, secure, or free from error
• Any information obtained by you as a result of your use of the services will be accurate or reliable
• Defects in the operation or functionality of any software will be corrected