TERMS AND CONDITIONS
The following demonstrates User Agreement (here-in-after referred to as an “Agreement“) between MaterialsPro Technologies Limited (hereinafter referred to as “Materials Pro“) and the users of the Website (“You”, “Your”, “User”/”Users”). Please read these Terms of Services carefully as they contain your rights and obligations when you use our Website (the "Website"), our mobile application (the "App"), our Delivery Services (the "Delivery Services") and when your purchase building/construction materials from us (the "Products"). By using, begin participating in or subscribing to our Website, MaterialsPro believes that user(s) have fully read, understood, and accepted the agreement. If you disagree with these general Terms and conditions or any part of these general Terms and conditions, you must not use our Website or APP. These Terms of Services are effective on the date that you (a) download our App; (b) use or access our Services or (c) agree to these Terms of Services, whichever comes first (the "Effective Date"). Amendments to User (s) Agreement
Registration and account
You represent and warrant that you and each of your End Users are at least eighteen (18) years old. You agree that you are responsible for the confidentiality of your account credentials, and for any activity resulting from the use of your account. You agree to make reasonable efforts to prevent unauthorized access to, or use, of our Services. You may not share your account and password, allow third parties to use your account nor assist anyone who is not a registered user to gain access to the Services. For the avoidance of doubts, the foregoing applies to End Users’ accounts and credentials.
You agree to notify us immediately if you become aware of any unauthorized use of your login credentials, and to change your credentials immediately using the built-in functionalities made available to you. You represent and warrant that you and your End Users are authorized to procure the Services listed for the receipt of the materials, and that your Order is in compliance with applicable law and does not constitute fraud.
Performance of the Services
- Order. You agree and acknowledge that some Products may be out of stock or unavailable from time to time.We strive to keep our list of Products and pricing updated and current, hoWever, there may be discrepancies betWeen the Products available through the Services and the actual inventories, and such discrepancies are not within the control of Materials Pro. If an item is out of stock or unavailable, We will contact you by phone and text messages, to adjust your Order Form by replacing the out of stock or unavailable Products with similar Products or remove such out of stock or unavailable Products from your Order Form. If you do not respond to our attempts to reach you, you agree that We may remove the out of stock or unavailable Products from your Order form.
- Products. Notwithstanding anything to the contrary, you agree that We may purchase the Products from the supplier of our choice, and that We are the merchant of record, and that title to Products Ordered by you through an Order Form passes to you at the time of Delivery, as set forth under Section 3.3. You bear all risks of loss or damage to Products upon the transfer of ownership.
- Delivery. The Delivery Services are completed by MaterialsPro at location and date indicated on the Order Form, by truck.MaterialsPro Delivery Services are presumed to have been performed if MaterialsPro attempted to perform it on the date specified in the Order Form but was prevented from doing so by your actions or inactions or negligence, including if you are not available at the location and date selected, in which case, the ownership of the Products are transferred to you at this moment and you bear the risks of loss or damages to Products after this moment. Re attempt of Delivery to your project site after a Delivery attempt may attract an extra charge which would be shared with you.
Acceptable Use of Website and Application
- You represent and warrant that you will use the Services only for lawful purposes and in accordance with the foregoing rules. You agree that you will deploy commercially reasonable efforts to cause your End Users to use the Services in accordance with these rules. You shall remain entirely liable for all acts and omissions by your End Users, and any act or omission by such End User that would constitute a breach of these Terms of Services if taken by you will be deemed a breach of these Terms of Services by You. You hereby represent and warrant that, unless expressly authorized in writing by us, you and your End Users will use of the Services in any manner:
- Do not attempt to gain unauthorized access to the Services, or otherwise circumvent any software protection or monitoring mechanisms of the Services;
- Do not access the Services in Order to build a similar or competitive product or service or copy any ideas, features, functions or graphics of the Services;
- Do not impersonate any person, including registering by using someone else’s identity to create an account;
- Do not access, search or create accounts for the Services by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk);
- Do not abuse referrals or promotions to get more credits than deserved;
- Do not use the Services in a manner that is in violation of applicable laws, including to send unsolicited communications, promotions or advertisements, or to spam users;
- Do not hack us! This means that you can’t scan, probe or test the vulnerabilities of our Services, introduce malicious software, or deploy denial-of-Services attack
- You are solely responsible for determining which Products are adequate for your construction project and for determining the appropriate amount and types of Products required. We have no liability whatsoever for your choices, or for the adequacy of the Products for your construction project.
- You agree that you must be present at the selected location and date selected for the Delivery Services to receive the Products. If you are not present, you understand that MaterialsPro may leave Products with the contact as provided by you at the location, and shall have no liability for doing so, including for any subsequent loss or damages to the Products.
- The Services may contain links to third party Websites or content. We are not responsible for such third parties, including for integration partners and Services integrated by an application programming interface ("API"). Integration partners are third parties and not suppliers. We do not conduct due diligence on these third parties, and We do not assess their information security and privacy practices. You are responsible for such due diligence and for provisioning any required Services or licenses with them