THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

1. INTRODUCTION

BW Infra Supplies Private Limited (hereinafter “BWISPL”) is a company that specializes in the sale of construction materials to contractors, retailers, architects, individual home builders, and ready-mix manufacturers also through an online platform in the form of a mobile app (hereinafter “SpeedyCem”), allowing customers to browse and place orders from a diverse range of listed products.

This User Terms and Conditions (hereinafter referred as “Terms of Use”) provides for the legal rights and responsibilities with respect to the access and use of SpeedyCem–

A. These User terms and conditions and amended provisions from time to time govern your access and use of SpeedyCem.

B. Before using, interacting or procuring the products/services (hereinafter referred to as “Services”) of SpeedyCem, the Users shall compulsorily read and understand this Terms of Use and by transacting on the SpeedyCem shall be deemed to have accepted this Terms of Use as a binding document which governs User’s dealings and transactions with SpeedyCem.

C. You understand and agree that SpeedyCem will treat your use of the Services as acceptance of the Terms of Use from that point onwards.

D. All rights and liabilities of the SpeedyCem and User with respect to any Services facilitated by SpeedyCem shall be restricted to the scope of this Terms of Use and any supplementary terms governing particular Services, notices, disclaimers, policies, and guidelines, as applicable and are deemed to be part of this Terms of Use.

E. User may not use the SpeedyCem if unable to accept the Terms of Use or are unable to be bound by the Terms of Use.

2. APPLICABILITY

A. For the purposes of these Terms of Use wherever the context so requires, User shall mean any natural or legal person who accesses or uses the SpeedyCem for the purpose of ordering construction materials, browsing, sharing, displaying or uploading information or views or pictures.

B. For the purpose of this Terms of Use wherever the context so requires “you/You” or “your/Your” shall mean User and the term “We”, “us/Us”, “our/Our” shall mean SpeedyCem.

C. Both User and SpeedyCem are individually referred to as ‘Party’ and collectively referred to as ‘Parties’ to the Terms of Use.

D. Some of the Services may be subject to additional terms. Your use of those Services may be subject to such additional terms (“Supplementary Terms”) which are incorporated into these Terms of Use by reference. In the event of an inconsistency between these Terms of Use and Supplementary Terms, the provisions of the Supplementary Terms shall control to the extent of conflict. The User should refer to the relevant Supplementary Terms applicable for the given service(s) as ordered by the User.

3. ELIGIBILITY

A. User must be eligible to enter into legally binding contract as per the Indian Contract Act, 1872 and to transact directly with SpeedyCem.

B. If you are below the age of 18 years, you shall not register as a User of the SpeedyCem and shall not transact on or use the SpeedyCem. Any violation will entitle SpeedyCem to decline/deregister/delete/cancel/suspend such registration or accounts.

4. USE OF THE SPEEDYCEM

A. All terms are offered by and agreed to between Users and SpeedyCem with respect to the Services offered herein. The terms shall include without limitation price, applicable taxes, shipping costs, payment terms, date, period and mode of delivery, warranties related to Services.

B. Each transaction for orders shall constitute a separate contract for Services between the Users and SpeedyCem and be a strictly bipartite contract between the User and the SpeedyCem.

5. ACCOUNT REGISTRATION

A. In order to access the SpeedyCem, you must register yourself by creating an account by accepting all the Terms of Use to become a User and the information provided by you shall be accurate, current and correct. The membership shall be used for the limited purpose and be intended for personal use and you hereby represent that you shall not use the same for resale purposes.

B. We will create your SpeedyCem Account (hereinafter referred to as “Account”) for your use of the SpeedyCem Services based upon the information provided whilst registering. Only one Account can be created and SpeedyCem reserves the right to suspend multiple User accounts without being liable for any compensation.

C. We hold right to suspend or terminate Account and your access of the same (i) if any information provided during registration process or thereafter proves to be inaccurate, not current or incomplete (ii) if it is believed that your actions may cause legal liability and/ or (iii) if you are found to be non-compliant with the Terms of Use or any other policies.

D. Users are responsible for safeguarding the account details and it is agreed that such information shall be not disclosed to third party and that you will take sole responsibility for any activities or actions on Account, whether or not you have authorized such activities or actions. You agree to notify us immediately of any unauthorized access of your Account.

6. CONTENT

A. We are the sole and exclusive owners of the content including reviews, photos, audio, video, location data and all other forms of information data (hereinafter referred to as “Content”) and the information designated as confidential shall not be disclosed by you without our prior consent unless prescribed by laws applicable.

B. User by submitting Content grant irrevocable, non-exclusive, royalty-free, perpetual, assignable, sub-licensable and transferable license and right to use such Content in consideration of availing the Service on the SpeedyCem.

C. User represent and warrants that they are the sole author or otherwise control all the rights of on their Content and the same was not copied from or based in whole or in part of any other Content not belonging to the User.

D. User assume all risks associated with their Content and SpeedyCem do not control Content posted by Users and do not guarantee the accuracy, integrity or quality of any Content.

E. SpeedyCem reserves the right to remove Content at any time and without prior notice for any reason or no reason that we consider to be objectionable or in violation of the Terms of Use.

F. While interacting or transacting on the SpeedyCem User shall not host, display, upload, modify, publish, transmit, store, update or share any information that violates any applicable laws.

G. You will not post, submit, upload or otherwise transmit any software or computer files that contain a virus or other harmful component or otherwise impair or damage the SpeedyCem or any connected network.

H. Breach of above shall be material breach and will entitle us to terminate or suspend your access to the SpeedyCem.

7. ORDER AND DELIVERY PROCESSING

A. SpeedyCem allows User to place order of construction materials subject to the Terms of Use set out herein, enabling delivery of such order to you. You understand that all the orders placed by you shall be subject to the Terms of Use.

B. Customarily, all orders placed on the SpeedyCem are treated as confirmed. Upon successful completion of placing an order, we may call you on the telephone number or mobile number provided to confirm the details of the order, the price to be paid and estimated delivery time. Additionally, we may also contact you via phone, WhatsApp or email to inform and confirm any change in the order, due to availability, unavailability or change in price of the order. We reserve the right to not to process your order in the event you are unavailable on the phone at the time we call you for confirming the order and such event the provisions of the cancellation and refund policy below shall be applicable.

C. Payments made against the Services on the SpeedyCem shall be compulsorily in Indian Rupees acceptable in the Republic of India. SpeedyCem will not facilitate transactions with respect to any other form of currency. Payment may be done by credit card, debit card, net banking, cash at the time of delivery, UPI or any other RBI approved payment method. We are neither a banking nor financial service but merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the SpeedyCem using the existing authorized banking infrastructure and credit card payment gateway networks.

D. You agree to pay us for the total amount for the order placed by you on the SpeedyCem and accordingly total amount is collected as per the Terms of Use. We cannot control any amount that may be charged to you by your bank related to our collection of the total amount and we disclaim all liability in this regard.

E. You will be asked to provide customary billing information including name, billing address and debit/ credit card information either to us or our third party payment processor and authorize the collection of such amounts by charging the debit/ credit card provided as part of requesting the booking either directly by us or via third party online payment processor, subject to the Terms of Use of that third party’s service. Once the booking is complete and your transaction is complete you will receive a confirmation email or WhatsApp summarizing your confirmed booking.

F. The final tax bill will be issued by the SpeedyCem to you along with the order and consequently, all applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the bill are being charged and determined by SpeedyCem.

G. Material ordered will be delivered to your address as intimated by you while ordering. SpeedyCem will make every effort to deliver within the time stated. However, we will not be liable for any loss caused to you by late delivery. In case of a late delivery, the delivery charge will neither be voided nor refunded.

H. Failure to accept at the time reflected while placing the order due to your failure to provide appropriate instructions or authorizations, then the order shall be deemed to have been delivered to you and all risk and responsibility in relation to such order shall pass to you.

I. You have a window of 7 days following delivery to bring up any concerns regarding the quality of the product received. SpeedyCem will promptly investigate your claim and ensure a satisfactory resolution is provided.

8. REFUNDS AND CANCELLATION

A. You shall not be entitled to cancel your order once placed. However, you may choose to cancel your order before the dispatch of the order being placed by you. We reserve the right to deny refund to you pursuant to a cancellation subject to your previous cancellation. If the order is cancelled by you after dispatch of the order being placed, we have a right to deduct labour, transport and other incidental charges as the cancellation fee.

B. We reserve the right to charge cancellation fee for the orders constrained to be cancelled by us for reasons not attributed to us. No cancellation fee is charged in case of cancellations for the reasons attributable to us.

C. You may be entitled to a refund upto 100% of the order value if our delivery partner fails to deliver order to you due to any cause attributable to us. Such refunds will be assessed on a case to case basis by us. Our decisions on refunds and cancellations shall be final and binding.

D. All refund amounts shall be credited to your bank account as may be stipulated as per the payment mechanism of your choice.

E. You shall be liable to promptly inform SpeedyCem with photographs and proofs of the damaged, incorrect or incomplete order and the Company shall reserve the right to process your complaint based on the proof submitted.

9. REPRESENTATIONS AND WARRANTIES

A. All information provided by you in connection with registration is true, accurate and legal and you are authorized to share such information. You represent and warrant that information provided by you does not violate any law, notification, order, circular, policy, rules and regulations, is not injurious to any person or is discriminatory with respect to sex, caste, race or religion and/ or property.

B. The use of SpeedyCem is personal and no other person or entity shall use your registered account with us on your behalf. You are responsible for the information stated in your account and confidentiality of the same.

C. You will not submit, post, distribute or otherwise make available or transmit any content that is defamatory, abusive, harassing, insulting, threatening, constitute invasion of right of privacy, hateful, offensive, violent, vulgar, obscene or illegal.

D. You are the sole owner or license holder of all trademarks, copyrights, patents, trade secrets, privacy and publicity or proprietary rights contained in any Content submitted, uploaded, posted or otherwise transmitted by you.

E. You will not use another person’s username, password or the other account information or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.

F. You represent and warrant that no direction has been issued by any third party or governmental authority which prevents you from accessing the Platform.

G. SpeedyCem disclaims all liabilities arising in relation to any Content from other users that you may consider offensive, indecent or otherwise objectionable.

10. OWNERSHIP OF INTELLECTUAL PROPERTY

The technology and the software underlying SpeedyCem and the Services except trademark, logos and service marks of third parties available on the platform is the property of BWISPL, our affiliates, and our partners or licensors or associates. You agree not to copy, modify, lease, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying SpeedyCem or the Services.

11. DISCLAIMER

11.1. SpeedyCem and the materials and products on it are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, BWSIPL disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. BWSIPL does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. BWSIPL does not make any warranties or representations regarding the use of the materials in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

11.2. All the products on SpeedyCem are manufactured by third-party and BWISPL is only marketing the products. NOTHING ON THE SPEEDYCEM IS INTENDED AS PROFESSIONAL ADVICE; BWISPL SPECIFICALLY DISCLAIMS RESPONSIBILITY FOR YOUR RELIANCE ON ANY INFORMATION AVAILABLE ON THE SPEEDYCEM AS PROFESSIONAL ADVICE.

12. LIMITATION OF LIABILITY

NOTWITHSTANDING ANYTHING TO CONTRARY IN THE TOU, IN NO EVENT WILL SPEEDYCEM, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES OR SUBSIDIARIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE SPEEDYCEM, RELIANCE ON THE INFORMATION OBTAINED FROM THE SPEEDYCEM WHETHER YOUR CLAIM IS BASED ON CONTRACT, TORT OR STATUTORY OR OTHER LAWS EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. INDEMNITY

The User expressly agrees to defend, hold harmless and keep indemnified SpeedyCem its affiliates, subsidiaries and their respective officers, directors, employees, representatives, agents, lawful successors and assigns (“Indemnified Party”) at all times and make good any loss, damage, costs and expenses (including legal fees) that arises, or is suffered or incurred by Indemnified Party due to acts or omissions of the User, including any breach of any representation or warranty provided by the User under this Term of Use, or non-performance of any covenants under this Term of Use, including negligence, violation of applicable laws, or any third party claim of infringement or misappropriation of intellectual property rights including any claims arising from User posting User Content on Platform contrary to the applicable laws of India and/or use of User Content by SpeedyCem, our affiliates, our partners, group entities, subsidiaries (present or future), licensors or associates.

14. TERM AND TERMINATION

A. The term of this Term of Use along with Supplementary Terms, policies, guidelines, code of conduct or any other terms applicable to you during the course of using our Services or SpeedyCem shall continue to apply until terminated by either you or us as set forth below.

B. User may terminate this Terms of Use with SpeedyCem by not accessing the platform or by closing your Account.

C. SpeedyCem in addition to other remedies available under Terms of Use and applicable laws, may limit/restrict/decline User's access to the services on our Platform or suspend or terminate or discontinue or deactivate or delete User’s account/registration in its sole discretion at any time without reason or giving prior notice or incurring any liability if:
- User is found to be in breach of this Terms of Use or any Supplementary terms or policies as applicable from time to time;
- User has misrepresented facts or information or found to have furnished wrong/incorrect details;
- User conduct is in violation of applicable laws of India;
- User has indulged in unlawful activities or has misbehaved with other Users, vendors, partners, employees of SpeedyCem;
- Any misconduct has been reported against the User;
- SpeedyCem has reasons to believe that User’s has indulged in actions which may infringe third party rights;
- SpeedyCem receives any order/notice from any judicial, quasi-judicial, administrative, regulatory, investigative body to suspend or terminate User’s account;
No claims shall be maintainable against SpeedyCem for any loss or damage that may be caused to the User or any person as a result of any termination, suspension, discontinuation, or deactivation of User’s account by SpeedyCem as above said.

D. Any suspension of User account or restriction imposed temporarily will be in the instances where SpeedyCem may in its sole discretion investigate the default of User and reserves the right to reinstate such User’s account at additional cost or undertaking to be provided by the User.

E. The User shall not be entitled to any refund for any amounts already paid in the event of any termination, suspension, discontinuation, or deactivation of the account.

15. GENERAL TERMS

15.1. This ToU and/or any other policies as applicable to any services offered by SpeedyCem constitutes the entire agreement between you and SpeedyCem with respect to use of SpeedyCem.

15.2. Terms of this ToU and/or any other policies as applicable that, by their nature and content, are intended to survive the completion, rescission, termination or expiration of this ToU, shall so survive and continue to bind the Parties for the maximum period of time permitted under applicable law.

15.3. Nothing in this Agreement shall be construed as to create the relationship of employer-employee, partners, collaborators, joint-venture or principal-agent between the parties hereto.

15.4. Any notice as may be required in connection with your services with us or any notices required under any applicable laws, will be effective upon our posting them on SpeedyCem.

15.5. In the event of any circumstances or situations beyond our reasonable control including act of God, labor unrest, insolvency, a pandemic, an epidemic, business exigencies, government decisions, terrorist activity, any operational and technical issues, or any other reason which limits our ability to service you (collectively “Force Majeure”), SpeedyCem may suspend, limit or terminate your access to the Website with or without written notice sent to your email ID and SpeedyCem will take all reasonable measures to mitigate any delay caused to you and SpeedyCem cannot be held responsible for any such Force Majeure circumstance.

15.6. If any provision of these Terms of Use is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Terms of Use shall continue to be in full force and effect.

15.7. Failure or delay on part of SpeedyCem to enforce any provision(s) of this Terms of Use at any point of time shall not be construed to be a waiver by such Party of such rights thereafter to enforce each and every provision of this Agreement.

15.8. SpeedyCem may assign or transfer its rights, obligations, benefits, either in whole or in part, without the prior written consent or intimation to the User. User is not entitled to transfer or assign his/her rights, obligations or benefits under this Terms of Use or any supplementary agreement or policies governing User’s relationship with us.

16. AMENDMENT TO TERMS OF USE

We reserve the right, at our sole discretion, to modify, amend or alter these Terms of Use at any time without notice to you. You are responsible for regularly visiting the Website to be updated with the latest amendments.

17. DISPUTES AND GOVERNING LAWS

These terms shall be construed in accordance with the laws of India, and for any disputes arising herein, Parties consent to the exclusive jurisdiction of courts in New Delhi.

18. GRIEVANCE OFFICER

Any official correspondence must be sent via postal mail or email to:

EMAIL ID: Tech@Speedycem.Co.In