customer.acclimited.com Open in urlscan Pro
161.68.250.107  Public Scan

URL: https://customer.acclimited.com/
Submission: On December 13 via automatic, source certstream-suspicious — Scanned from DE

Form analysis 4 forms found in the DOM

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Terms & Condition

TERMS AND CONDITIONS OF USE

“Dealer Connect” is an on line customer facing application software (hereinafter
referred to as ‘Dealer Connect’) owned by ACC Limited (Registered Office at
Cement House, 121, Maharshi Karve Road, Mumbai 400020, Maharastra) which is
designed to run on mobile devices, tablets and computers. This application
allows the Users to place order for the supply of cement and to access the data
related to their sales orders, deliveries, invoices, ledgers, etc. .

By using Dealer Connect, you agree to be bound by the Terms and Conditions of
Use as provided here. These Terms and Conditions are subject to various policies
of ACC Limited.  ACC Limited  (“ACC”) reserves the right to amend these Terms
and Conditions at any time. If you disagree with any of these Terms and
Conditions of Use, you must immediately discontinue your access to Dealer
Connect and your use of the services offered on Dealer Connect. Continued use of
Dealer Connect will constitute acceptance of the Terms, as may be amended from
time to time.

 1. DEFINITIONS

1.1. In these Terms and Conditions of Use, the following capitalized terms shall
have the following meanings, except where the context otherwise requires:

 1. "Account" means an account created by a User on the Dealer Connect as part
    of Registration.
 2. "Registration" means the act of creating such an Account.
 3. "Services" means all the services provided by ACC via Dealer Connect to
    Users, and "Service" means any one of them,
 4. "Users" means users of the Dealer Connect, including you and "User" means
    any one of them.

 

 2. DEALER CONNECT AND THE SERVICES

2.1. Applicability: The use of Dealer Connect and/or any of the Services is
subject to the Terms.

2.2. Location: Dealer Connect and the Services are intended solely for use by
Users who access the Dealer Connect in India. ACC makes no representation that
the Services (or any goods or services) are available or otherwise suitable for
use outside of the Philippines. Notwithstanding the above, if you access  Dealer
Connect or use the Services from locations outside of the Philippines, you do
such on your own accord and are responsible for the consequences and for
compliance with all applicable laws.

2.4. Prevention on use: ACC reserves the right to prevent you from using the
Dealer Connect and the Services.

2.5. Equipment and Networks: The provision of Dealer Connect and the Services
does not include the provision of a mobile telephone or handheld device or other
necessary equipment to access Dealer Connect or the Services. To use Dealer
Connect or the Services, you will require internet connectivity and appropriate
telecommunication links. You acknowledge that the terms of agreement with your
respective mobile network provider ("Mobile Provider") will continue to apply
when using Dealer Connect or the Services. As a result, you may be charged by
the Mobile Provider for access to network connection services while accessing
Dealer Connect or the Services. You accept responsibility for any and all
charges that may arise. Furthermore, if you are not the bill payer for the
mobile telephone or handheld device being used to access Dealer Connect and the
Services, you will be assumed to have received permission from the bill payer
for Dealer Connect and the Services.

2.6. License to Use Material: By submitting any text or images (including
photographs) (“Material”) via Dealer Connect, you represent that you are the
owner of the Material, or have proper authorization from the owner of the
Material to use, reproduce and distribute it. You hereby grant ACC a worldwide,
royalty-free, non-exclusive license to use the Material.

 

 3. ALERTS AND NOTIFICATIONS

3.1. You agree to receive pre-programmed alerts and notifications on Dealer
Connect on your mobile telephone or other handheld devices.

 

 4. USE OF THE DEALER CONNECT AND THE SERVICES

4.1. Accurate Information: You warrant that all information provided on
Registration and contained as part of your Account is true, complete and
accurate and that you will promptly inform us of any changes to such information
by updating the information in your Account.

4.2. Prohibitions: Without limitation, you undertake not to use or permit anyone
else to use the Services or Dealer Connect:

 1.  to send or receive any Material which is threatening, grossly offensive, of
     an indecent, obscene or menacing character, blasphemous or defamatory of
     any person, in contempt of court or in breach of confidence, copyright,
     rights of personality, publicity or privacy or any other third party
     rights;
 2.  to send or receive any Material for which you have not obtained all
     necessary licences and/or approvals (from us or third parties); or which
     constitutes or encourages conduct that would be considered a criminal
     offence, give rise to civil liability, or otherwise be contrary to the law
     of or infringe the rights of any third party in any country in the world;
 3.  to send or receive any Material which is technically harmful (including
     computer viruses, logic bombs, Trojan horses, worms, harmful components,
     corrupted data or other malicious software or harmful data);
 4.  to cause annoyance, inconvenience or needless anxiety to any person;
 5.  to intercept or attempt to intercept any communications transmitted by way
     of a telecommunications system;
 6.  for a purpose other than which Dealer Connect and the Services have been
     designed or developed;
 7.  for any fraudulent purpose;
 8.  other than in conformance with accepted Internet practices and practices of
     any connected networks;
 9.  in any way which is calculated to incite hatred against any ethnic,
     religious or any other minority or is otherwise calculated to adversely
     affect any individual, group or entity; or,
 10. in such a way as to, or commit any act that would or does, impose an
     unreasonable or disproportionately large load on ACC’s infrastructure.

4.3. Additional Prohibitions in relation to usage of Dealer Connect and the
Services: Without limitation, you further undertake not to or permit anyone else
to:

 1. furnish false data including false names, addresses and contact details;
 2. attempt to circumvent ACC’s network and security systems including to access
    data not intended for you, log into a server or account you are not
    expressly authorized to access, or probe the security of other networks;
 3. execute any form of network monitoring which will intercept data not
    intended for you;
 4. enter into fraudulent interactions or transactions with ACC, including
    interacting or transacting purportedly on behalf of a third party where you
    have no authority to bind that third party or you are pretending to be a
    third party;
 5. extract data from or hack into Dealer Connect;
 6. use the Services or Dealer Connect in breach of these Terms and Conditions
    of Use;
 7. engage in any unlawful activity in connection with the use Dealer Connect or
    the Services; or
 8. engage in any conduct which, in our exclusive reasonable opinion, restricts
    or inhibits any other person from properly using or enjoying Dealer Connect
    or the Services.

4.4. ACC will use reasonable efforts to correct any errors or omissions as soon
as practicable after being notified of them. However, ACC does not guarantee
that Dealer Connect or the Services will be free of fault and ACC does not
accept liability for any such fault, error or omission. In the event of any such
error, fault or omission, you should report it by contacting ACC.

4.5. ACC does not warrant that your use of Dealer Connect or the Services will
be uninterrupted and ACC does not warrant that any information transmitted via
Dealer Connect or the Services will be transmitted accurately, reliably, or in a
timely manner.

4.6. ACC does not warrant that Dealer Connect and the Services shall be free
from viruses or anything else which may have a harmful effect on any technology.

4.7. ACC reserves the right to change, modify, substitute, suspend or remove
without notice any of the Services or any information from Dealer Connect. Your
access to Dealer Connect and/or the Services may also be occasionally restricted
to allow for repairs, maintenance or the introduction of new facilities or
services. ACC will attempt to restore such access as soon as practicable.

4.8. ACC reserves the right to block access to, edit or remove any material
which in ACC’s reasonable opinion may give rise to a breach of these Terms and
Conditions of Use.

 

 5. SUSPENSION AND TERMINATION

5.1. If you use (or anyone other than you, with your permission uses) Dealer
Connect or any of the Services in contravention of these Terms and Conditions of
Use, ACC may suspend your use of Dealer Connect and/or the Services.

5.2. If ACC suspends your use of Dealer Connect and/or the Services, ACC may
refuse to restore your use of Dealer Connect and/or the Services until ACC
receives an assurance from you, in a form ACC deem acceptable, that there will
be no further breach of the provisions of these Terms and Conditions of Use.

5.3. Without limitation to anything else in this Clause, ACC shall be entitled
immediately or at any time (in whole or in part) to: (a) terminate your use of
Dealer Connect and/or the Services (b) suspend your use of the Services and/or
Dealer Connect; or, (c) terminate or suspend the use of the Services and/or
Dealer Connect for persons ACC reasonably believes to be connected to you, if:

 1. you commit any breach of these Terms and Conditions of Use;
 2. ACC suspects, on reasonable grounds, that you have, might or will commit a
    breach of these Terms and Conditions of Use; or
 3. ACC suspects, on reasonable grounds, that you may have committed or be
    committing any fraud against ACC, its affiliates, or any person.

5.4. ACC’s rights under this Clause shall not prejudice any other right or
remedy ACC may have in respect of any breach or any rights, obligations or
liabilities accrued prior to termination.

 

 6. DISCLAIMER AND EXCLUSION OF LIABILITY

6.1. Dealer Connect, the Services, the information on Dealer Connect, and use of
all related facilities are provided on an "as-is, as-available" basis without
any warranties whether express or implied.

6.2. To the fullest extent permitted by applicable law, ACC disclaims all
representations and warranties relating to Dealer Connect and its contents,
including in relation to any inaccuracies or omissions in Dealer Connect,
warranties of merchantability, quality, fitness for a particular purpose,
accuracy, availability, non-infringement or implied warranties from course of
dealing or usage of trade.

6.3. ACC does not warrant that Dealer Connect will always be accessible,
uninterrupted, timely, secure, error free or free from computer virus or other
invasive or damaging code or that ACC will not be affected by any force majeure
events, including inability to obtain or shortage of necessary materials,
equipment facilities, power or telecommunications, lack of telecommunications
equipment or facilities and failure of information technology or
telecommunications equipment or facilities.

6.4. While ACC shall use reasonable efforts to include accurate and up-to-date
information on Dealer Connect, ACC makes no warranties or representations as to
its accuracy, timeliness or completeness.

6.5. ACC shall not be liable for any acts or omissions of any third parties
howsoever caused, and for any direct, indirect, incidental, special,
consequential or punitive damages, howsoever caused, resulting from or in
connection with Dealer Connect and the Services, your access to, use of or
inability to use Dealer Connect or the Services, reliance on or downloading from
the Dealer Connect and the Services, or any delays, inaccuracies in information
or in its transmission including but not limited to damages for loss of business
or profits, use, data or other intangible, even if ACC have been advised of the
possibility of such damages.

6.6. ACC shall not be liable in contract and tort (including negligence or
breach of statutory duty) and whatever the cause thereof, for any indirect,
consequential, collateral, special or incidental loss or damage suffered or
incurred by you in connection with Dealer Connect and these Terms and Conditions
of Use. For the purposes of these Terms and Conditions of Use, indirect or
consequential loss or damage includes, without limitation, loss of revenue,
profits, anticipated savings or business, loss of data or goodwill, loss of use
or value of any equipment including software, claims of third parties, and all
associated and incidental costs and expenses.

6.7. The above exclusions and limitations apply only to the extent permitted by
law.

6.8. Notwithstanding our efforts to ensure that our system is secure, you
acknowledge that all electronic data transfers are potentially susceptible to
interception by others. ACC cannot, and do not, warrant that data transfers
pursuant to Dealer Connect, or electronic mail transmitted to and from us, will
not be monitored or read by others.

 

 7. INDEMNITY

7.1. You agree to indemnify and keep us indemnified against any claim, action,
suit or proceeding brought or threatened to be brought against us which is
caused by or arising out of (a) your use of Dealer Connect and the Services, (b)
any other party’s use of the Dealer Connect and the Services using your user ID,
verification PIN and/or any identifier number allocated to you by ACC, and/or
(c) your breach of any of these Terms and Conditions of Use, and to pay us
damages, costs and interest in connection with such claim, action, suit or
proceeding.

 

 8. INTELLECTUAL PROPERTY RIGHTS

8.1. ACC limited shall have the ownership or the license, as the case may be,
 of  the intellectual property rights in connection with all editorial content,
information, photographs, illustrations, artwork and other graphic materials,
and names, logos and trade marks on and in relation to Dealer Connect and these
are protected by the Intellectual Property Laws (including but not limited to
the Copy right law, Trade Marks Law etc.) and/or other laws and/or international
treaties, and all of them belong to ACC and /or its Licensors, as the case may
be. These works, logos, graphics, sounds or images may not be copied,
reproduced, retransmitted, distributed, disseminated, sold, published,
broadcasted or circulated whether in whole or in part, unless expressly
permitted by ACC and/or its licensors, as the case may be.

8.2. Nothing contained in Dealer Connect should be construed as granting by
implication, estoppel, or otherwise, any license or right to use any trademark
displayed on Dealer Connect without ACC’s written permission. Misuse of any
trademarks or any other content displayed on Dealer Connect is prohibited.

 

 9. AMENDMENTS

9.1. ACC may periodically make changes to the contents of the Dealer Connect at
any time and without notice. ACC assumes no liability or responsibility for any
errors or omissions in the content of Dealer Connect.

9.2. ACC reserves the right to amend these Terms and Conditions of Use from time
to time without notice. The revised Terms and Conditions of Use will be posted
on Dealer Connect and shall take effect from the date of such posting.

 

 10. APPLICABLE LAW AND JURISDICTION

10.1. Dealer Connect can be accessed from all countries around the world where
the local technology permits.

By accessing Dealer Connect, you and ACC agree that the laws of the Republic of
India, will apply to all matters relating to the use of Dealer Connect.

10.2. Any Dispute which cannot be settled within Thirty (30) days of mutual
consultation, shall be submitted to arbitration upon written notice in this
regard.  Arbitration shall be conducted at Mumbai in accordance with the
provisions of the Arbitration & Conciliation Act, 1996. Each Party shall select
its own arbitrators and the two arbitrators so appointed by the Parties shall
jointly appoint the third arbitrator and this arbitration panel comprising of
three arbitrators shall conduct the Arbitration. The arbitration award shall be
final and binding upon the Parties. Subject to this term on dispute resolution,
you accept and agree that both you and ACC shall submit to the exclusive
jurisdiction of the courts of Mumbai, India in respect of for the enforcement of
an arbitral award or for seeking injunctive relief or in case of appeal against
arbitral awards passed pursuant to this Clause.

 11. Terms of. Privacy

11.1. Access to the Dealer Connect and use of the Services offered on the Dealer
Connect by ACC and/or its affiliates is subject to this Terms of Privacy.  By
accessing Dealer Connect and by continuing to use the Services, you are deemed
to have accepted the Terms of Privacy , and in particular, you are deemed to
have consented to the use and disclosure by ACC and its affiliates of your
personal information in the manner prescribed in this Terms of  Privacy  and for
the purposes set out in these Terms and Conditions of Use. .

11.2. As part of the normal operation of the Services, ACC collects, uses and,
in some cases, discloses information about you to third parties. Accordingly,
this Terms of Privacy have the conditions as to how ACC collects, uses,
communicates and discloses and makes use of your personal information when you
use the Services on the Dealer Connect:

 1. ACC will collect and use of personal information solely with the objective
    of fulfilling those purposes specified by ACC and for other compatible
    purposes, unless ACC obtains the consent of the individual concerned or as
    required by law.
 2. ACC will only retain personal information as long as necessary for the
    fulfillment of those purposes.
 3. ACC will collect personal information by lawful and fair means and, where
    appropriate, with the knowledge or consent of the individual concerned.
 4. Personal information being entered by you into Dealer Connect should be
    relevant to the purposes for which it is to be used, and, to the extent
    necessary for those purposes, should be accurate, complete, and up-to-date.
 5. ACC will protect personal information by reasonable security safeguards
    against loss or theft, as well as unauthorized access, disclosure, copying,
    use or modification.  

Privacy policy statement

I have read and understood the terms and conditions and the privacy policy of
ACC Cements and I accept the terms and conditions for usage of this app. I
hereby authorize ACC Limited to use my personal information for analytical
purposes or and disclose the same to any third party in order to effect any
transaction required for successful operations of ACC or offer better services
and I have no objection to such disclosure.


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