Conqoll

Conqoll User Agreement

Last Updated: 3 October 2020

This Conqoll User Agreement (“Agreement”) sets out the terms and conditions governing the use of and access to Conqoll and all the functionalities and features therein. Conqoll is owned and operated by Conqoll Technologies Private Limited and its affiliates (hereafter referred to as “Company”, “we”, “us”, or “our”). This Agreement also includes the following terms and conditions (each as updated from time to time) that are incorporated in this Agreement by reference:

Privacy Policy (“Privacy Policy”);
Conqoll Credits Policy, Discount and Conqoll Fee Schedule (“Conqoll Credits Policy and Fee Schedule”);
Code of Conduct and Bidding Policy available at (“Bidding Policy”); and
Any policies, guidelines, additional terms and disclaimers made available or issued by us from time to time.

This Agreement and all of the aforementioned documents are available on www.conqoll.com/legal.html. Please read these documents before using Conqoll. This Agreement is binding on the Business Users and Individual Users for any use of Conqoll.

Definitions
Unless otherwise specified, capitalised terms shall have the meaning set out below or elsewhere in this Agreement:
“Account(s)” shall mean Business Accounts and/or Individual Accounts, as the context may require.

“Bid Invites” shall have the meaning assigned to it in Clause 3(c)(i).

“Bid” shall have the meaning assigned to it in Clause 3(c)(i).

“Business Accounts” shall have the meaning assigned to it in Clause 4(a).

“Business User(s)” shall mean any companies, partnerships, corporations, trusts, proprietorships, individuals or any other person or entity (whether incorporated or not), registered as the owner of Accounts registered on Conqoll.

“Buyer Account” shall mean the bank account of the relevant Buyer provided by the Buyer to Conqoll.

“Buyer” shall mean a Business User inviting bids for procurement of goods or services on Conqoll.

“Certified Invoice Value” shall have the meaning assigned to it in Clause 3(c)(i).

“Company Account” shall mean the bank account of the Company details of which shall be set out in the tax invoice and the payment invoice generated on Conqoll.

“Conqoll Auctions” shall mean any bids, tenders or other transactions for the purchase and sale of goods or services through Conqoll.

“Conqoll Credits” shall mean the ‘Conqoll Credits’ awarded and capable of being redeemed in terms of the Conqoll Credit Policy.

“Conqoll Fee” shall have the meaning assigned to it in Clause 7(d)(i).

“Conqoll” shall mean the platform available on the website (including all content, software, features and services) at www.conqoll.com and any sub-sites or sub-domains owned by the Company.

“Designated Account” shall mean the account specified by Conqoll for Payments, details of which shall be set out in the payment invoice, where applicable. The Designated Account may be an escrow, nodal or other account permitted under applicable law.

“Direct to Seller Payments” shall have the meaning assigned to it in Clause 7(c).

“Discount” shall have the meaning assigned to it in Clause 7(b)(ii).

“Feedback” shall have the meaning assigned to it in Clause 6(d).

“Individual Accounts” shall have the meaning assigned to it in Clause 4(a).

“Individual User(s)” shall mean any individual person using Conqoll on behalf of or as a representative of a Business User.

“Order” shall have the meaning assigned to it in Clause 3(c)(i).

“Payment” shall have the meaning assigned to it in Clause 3(c)(i).

“Payments through Conqoll” shall have the meaning assigned to it in Clause 7(b).

“Sale Deliverables” shall have the meaning assigned to it in Clause 3(c)(i).

“Seller Account” shall mean the bank account of the relevant Seller provided by the Seller to Conqoll.

“Seller Confirmation” shall have the meaning assigned to it in Clause 7(c)(v).

“Seller Transfer Amount” shall have the meaning assigned to it in Clause 7(c)(iii).

“Seller” shall mean a Business User submitting bids in response to bids invited by Buyers on Conqoll.

“TDS” shall have the meaning assigned to it in Clause 7(b)(iii).

“Third Party Services” shall have the meaning assigned to it in Clause 8(a).

“Transaction Value” shall have the meaning assigned to it in Clause 3(c)(i).

“Transfer Amount” shall have the meaning assigned to it in Clause 7(b)(iii).

“User Information” shall have the meaning assigned to it in Clause 4(a).

“User(s)” shall mean Business User(s) and/or Individual User(s), as the context may require.
Representations and Conditions of Access
All use of Conqoll by any Business User and Individual User shall be subject to the following representations and conditions of access:
1. Each Business User and Individual User represents that they have the legal authority and capacity to enter into contracts and specifically to enter into, agree and bind themselves to this Agreement.
2. Each Business User represents that the Individual Users are authorised to use Conqoll on its behalf and shall be liable for all acts or omissions of its Individual Users in their use of Conqoll.
3. Actions of Individual Users shall bind the Business User that such Individual User represents. Conqoll and all other users of Conqoll shall be entitled to rely upon the actions of the Individual Users. Business Users shall ensure that all its Individual Users are persons duly authorised by it.
4. Each Business User and Individual User accessing or using Conqoll specifically represents and warrants to have read, understood and to be bound by this Agreement, as may be amended from time to time, and undertakes to comply with the requirements of this Agreement.
5. Each Business User and Individual User hereby represents and warrants that it is permitted to access and use Conqoll (and all its functionalities and features) under laws applicable to it. It is the responsibility of each Business User and Individual User to comply with laws applicable to them. Conqoll shall be only responsible for compliance of the laws of India. Conqoll shall not be required to comply laws of any other jurisdiction due to use or access by any Business User or Individual User not being a resident or citizen of India.
6. Each Business User and Individual User represents and warrants that the User Information provided them is complete, true, and accurate in all respects and at all times.
Features
1. Conqoll is an online platform that connects and enables transactions between developers, contractors, consultants, material and machinery vendors, lessors, and other stakeholders in the construction sector. Conqoll may provide various features from time to time such as, a public listing directory, industry specific advanced search, in-built communication tools, auction platform for inviting bids for buying goods and services related to the construction sector, awarding the bids, making payments and tracking the financial progress of the works.
2. Through Conqoll, a User can buy and sell goods and services by participating in Conqoll Auctions. A User may act as a Buyer or Seller, depending on whether such User is inviting a Bid or submitting a Bid.
3. Conqoll Auctions:
  1. Through Conqoll, buyers may invite bids (“Bid Invites”) for the procurement of goods or services such as material, machinery, consultancy services, or construction works or services (“Sale Deliverables”) from Sellers. Sellers may submit their technical, commercial, and fee quotations in response to the Bid Invites (“Bid”). Buyers may, after evaluation of the Bids, select Seller(s) who they intend to transact with for the Sale Deliverables by accepting that Seller’s Bid and awarding the order to that Seller. An order for Sale Deliverables is deemed to be placed when a buyer accepts the Bid submitted by a Seller and awards the order for Sale Deliverables to the Seller (“Order”) on Conqoll. An Order shall be deemed to be fulfilled on Conqoll upon the seller or buyer uploading the invoice on Conqoll for the Sale Deliverables, and the Buyer certifying the invoice value of goods or services on Conqoll (“Certified Invoice Value”). The total amount payable by the Buyer to the Seller for the Sale Deliverables excluding any taxes is referred to as the “Transaction Value”, and the amount payable against each Certified Invoice Value in part or as a whole is referred to as “Payment”. Payment shall exclude any GST or other taxes applicable on the Certified Invoice Value.
  2. Each User shall act in adherence to the Code of Conduct and Bidding Policy while using Conqoll for procurement in its capacity as a Buyer or sale of Sale Deliverables in its capacity as a Seller.
4. Conqoll Credits
  The Company awards Conqoll Credits to Business Users in terms of the Conqoll Credit Policy. Conqoll Credits can be redeemed to avail discounts on Payments. The award of and redemption of Conqoll Credits shall be governed by the Conqoll Credit Policy. Conqoll Credits are loyalty points that are solely exchanged and redeemable on Conqoll. It is not a prepaid instrument as defined by and regulated by the Reserve Bank of India. The Company reserves the right, at its sole discretion, to modify the Conqoll Credits Policy and Fee Schedule by giving the Users 1 (one) days’ notice on Conqoll prior to such modification coming into effect.
Accounts and User Information
1. To use Conqoll, each Business User is required to register itself and set up an account (“Business Account”) with one or more sub-accounts for Individual Users (“Individual Accounts”). As part of the registration and setting up of an Account, User will be providing, uploading and sharing information including information about the Business User, the Individual User and the business of the Business User (hereafter referred to as “User Information”, which may include, without limitation, its legal name, bank account details, tax registrations including goods and services tax or VAT registrations, income tax or PAN registrations, details of goods and/or services such User transacts in, contact details, etc) on Conqoll. If the User Information for any account is incomplete, then some features may be restricted for such Account.
2. The Business Users and the Individual Users grant the Company, a non-exclusive licence to use, store, display, modify, translate, and create derivative works from the User Information in accordance with the Privacy Policy. Provided however, that we will not alter any User’s trademarks from the form provided by such User (except to re-size trademarks to the extent necessary for presentation, so long as the relative proportions of such trademarks remain the same) and will comply with any User’s removal requests (provided a User is unable to do so using the standard functionality made available to it) via Conqoll.
3. The Business Users and Individual Users may be required to share personal information during their use of Conqoll. Each User represents that all information provided in this regard is complete, true, and accurate. Please note that all personal information shared with Conqoll shall be processed in accordance with our Privacy Policy.
4. The Users are responsible for maintaining the confidentiality of the details of their Accounts (including the User’s username and password). The User should immediately notify the Company, though [email protected], of any unauthorised use of or any other breach of security with respect to its Account. Each User shall ensure that they log out from their Account at the end of each session to prevent misuse of their Account.
5. Each User is liable for all activities that take place through its Account. The Company shall not be liable for any unauthorised access to any Account and reserves the right to suspend an Account if it is of the view that the Account has been compromised or accessed in an unauthorised manner.
6. Each User authorises the Company to disclose its User Information to banks, auditors, and authorised third parties to enable the Company to process payments required to be made under this Agreement.
7. In case of international Users accessing Conqoll from outside India, some features or functionalities may not be available until expressly notified.
User Responsibilities
1. Each User undertakes that it shall use Conqoll only in the manner permitted under applicable law or and this Agreement. Without limiting the generality of the preceding sentence, each User represents and warrants that:
  1. the User owns all rights, including but not limited to intellectual property rights, or has obtained all necessary permissions, to provide User Information and to grant the authorities and licences specified under this Agreement;
  2. the use of Conqoll, and provision of the User Information as contemplated by this Agreement does not and shall not violate any of its obligations or responsibilities under other agreements;
  3. the User Information does not and shall not contain any viruses, corrupted data, or other harmful, disruptive, or destructive files or content;
  4. the User Information and the provision thereof shall not violate any third party rights;
  5. it shall not provide User Information that is objectionable or restricts or inhibits any other person from using Conqoll;
  6. it shall not engage in any anti-competitive practices on or through Conqoll;
  7. it shall not use Conqoll to transmit any data, or send or upload any material or links that contain or link to viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programmes or similar computer code designed to adversely affect the operation of any software or hardware;
  8. it shall not use any robot, spider, scrapers, crawlers, avatars, data mining tools or the like, other automated devices or processes, or manual processes to monitor or copy Conqoll or any portion thereof;
  9. it shall not make any back-up or archival copies of Conqoll or any part thereof;
  10. it shall not engage in the systematic retrieval of content from Conqoll to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission;
  11. it shall not re-license, sub-license, rent, or lease the rights to use or access Conqoll;
  12. it shall not act in an abusive or threatening manner or use abusive or threatening language on or through Conqoll;
  13. it shall not use Conqoll in (A) an unlawful manner, (B) for fraudulent or malicious activities, or (C) in any manner inconsistent with this Agreement; and
  14. it shall not violate applicable laws in any manner.
2. Each User undertakes that it shall not host, upload, publish, transmit, update, share, promote, sell, or purchase any illegal or unregulated products, items, and activities, which includes but is not limited to:
  1. illegal goods including materials, products, or information that promote illegal goods or enable illegal acts;
  2. any items which are prohibited or restricted in any manner under applicable laws;
  3. hazardous materials;
  4. multilevel marketing schemes; and
  5. bulk marketing tools.
3. Conqoll shall be free to use and exploit any testimonials, case studies, marketing materials, calculations and measurement criteria provided by it at Conqoll’s sole discretion.
4. Each User accepts full responsibility for any consequences that may arise from its use of Conqoll, and expressly agree and acknowledge that the Company shall have absolutely no liability in this regard.
Our Intellectual Property
1. All rights, title, and interest in and to Conqoll, including all intellectual property rights arising out of the use of Conqoll are owned by the Company, its affiliates or licensor to the Company. We grant the User a non-exclusive, non-transferable, non-sublicensable, royalty-free, revocable, and limited licence to use Conqoll in accordance with this Agreement.
2. The Conqoll trademarks and logos, and all other trademarks, service marks, graphics and logos used in connection with the Company or Conqoll are trademarks of the Company or its licensors. Other trademarks, service marks, graphics and logos used in connection with Conqoll may be the trademarks of other third parties. Use of Conqoll does not grant the User any right or licence to reproduce or otherwise use any Company or third-party trademarks.
3. The Company may, use User Information and other data generated from the use of Conqoll in accordance with the Privacy Policy, and applicable laws for data analytics, and/or to develop and provide additional features and offerings and any other purpose that may be complimentary to Conqoll’s and the Company’s service offerings. All intellectual property rights arising out of such works by the Company shall vest with the Company.
4. The Company may, use User Information and other data generated from the use of Conqoll in accordance with the Privacy Policy, and applicable laws for data analytics, and/or to develop and provide additional features and offerings and any other purpose that may be complimentary to Conqoll’s and the Company’s service offerings. All intellectual property rights arising out of such works by the Company shall vest with the Company.
Discounts, Payments and Fees This clause may be read by and be applicable to the User depending on whether it is acting as a Buyer or a Seller in relation to the relevant Order.
1. Payments for Orders
  Payments for Orders on Conqoll may be made in any of the following ways:
  1. Payments through Conqoll
  2. Direct to Seller Payments
2. Payments through Conqoll
  The Buyer shall choose to make the first Payment, equivalent to at least 5% of the Certified Invoice Value to the Seller through the Designated Account (“Payments through Conqoll”), the following shall apply:
  1. Upon a Buyer certifying any invoice raised and uploaded on Conqoll by a relevant Seller, or upon the Buyer uploading an invoice and certifying it on his own, the total amount after tax to be paid by the Buyer with respect to the invoice shall be displayed on the relevant page on Conqoll.
  2. The Buyer shall click on the Make Payment button provided in the Billing tab and may choose to make the Payment and fill the amount of Payment to be made by the Buyer. The Buyer shall then click on Avail Discount button to redeem Conqoll Credits available to the Buyer in exchange for discounts on the Payment (“Discount”). The maximum Discount available for the Payment shall be displayed on the relevant page on Conqoll prior to making the Payment and the total amount of Payment to be made after adjusting for taxes and Discount shall be calculated on each Payment and displayed.
  3. The Buyer shall click on the Pay button and choose the relevant option for Payment through Conqoll. Upon choosing the relevant option for Payment, Conqoll shall generate a proforma payment advice with a unique reference ID displaying the amount to be paid (“Transfer Amount”) being the Payment plus (i) GST and less (ii) Discount and (iii) any tax deducted at source (“TDS”) on the Payment. The final payment advice will be generated and available for download on Conqoll upon the receipt of payment by Conqoll in the Designated Account.
  4. The Buyer shall transfer the Transfer Amount through RTGS/ NEFT/ IMPS or through other legitimate banking channels from the Buyer’s own account to the Designated Account. While transferring the Transfer Amount, the Buyer shall quote the Unique Reference ID.
  5. Upon the receipt of the Transfer Amount in the Designated Account, it shall be the Company’s responsibility to make the payment from the Transfer Amount to the Seller in accordance with the terms herein.
  6. The Company shall transfer to the Seller Account within 3 days of receipt of the Transfer Amount in the Designated Account an amount equal to:
    1. the Transfer Amount
    2. less:
      1. Conqoll Fee minus the Discount;
      2. the GST or other taxes applicable on the Conqoll Fee, and
      3. TCS in accordance with Section 52 (1) of the GST Act, 2017 where applicable;
      4. TDS in accordance with Section 194(o) of the Income Tax Act, 1961, where applicable.
    3. plus:
      1. TDS on the Conqoll Fee.
    It is clarified that if Conqoll Fee minus the Discount is a negative value, then the Company shall add such difference and make the payment to the Seller, such that the additional discount offered by Conqoll does not affect the amount owed to the Seller in any manner.
  7. In case the details of the Seller Account provided by the User is incorrect, the monies shall lie in the Escrow Account until such period as the accurate details of the Seller Account is rectified by the Seller on Conqoll and intimated to the Company.
  8. The Company shall deposit any TCS, TDS and GST with the relevant authorities in accordance with applicable law. The Seller shall deposit the TDS on the Conqoll Fee and the GST applicable on the Certified Invoice Value.
  9. Payments through Conqoll may not be available for Users making payment from outside India, in which case the User shall choose the Direct to Seller Payments option.
3. Direct to Seller Payments
  The Buyer may choose to make Payments directly to the Seller, after making the first Payment of at least 5% of the Certified Invoice Value through Conqoll, (“Direct to Seller Payments”), the following shall apply:
  1. Upon a Buyer certifying any invoice raised and uploaded on Conqoll by a relevant Seller, or upon the Buyer uploading an invoice and certifying it on his own, the total amount after tax to be paid by the Buyer with respect to the invoice shall be displayed on the relevant page on Conqoll.
  2. The Buyer may choose to redeem Conqoll Credits available to the Buyer in exchange for discounts on the Payment (“Discount”). The maximum Discount available for the Payment and the total amount of Payment to be made after adjusting for taxes and Discount shall be calculated on each Payment and displayed.
  3. The Buyer shall click on the Pay button and choose the relevant option for Direct to Seller Payment. Upon choosing the relevant option for Payment, Conqoll shall generate a proforma payment invoice with a unique reference ID and showing the Seller Transfer Amount and the discount amount which shall be indicated as cashback. The final payment invoice will be generated and available for download on Conqoll upon Seller Confirmation and the receipt of payment by the Company of the Conqoll Fee and associated taxes.
    For the purposes of this clause, “Seller Transfer Amount” shall mean the amount to be transferred by the Buyer directly to the Seller, being the Payment less any TDS deducted by the Buyer plus any GST proportionate to the Payment.
  4. The Buyer shall transfer the Seller Transfer Amount through RTGS/ NEFT/ IMPS or through other legitimate banking channels from the Buyer’s own account to the Seller Account or any other account indicated by the Seller.
  5. The Seller shall confirm the receipt of the Seller Transfer Amount by clicking Confirm Payment button in the billing tab in the Awarded Opportunities page for the relevant Order (“Seller Confirmation”).
  6. The Company shall within 30 days of receiving the Conqoll Fee adjusted for all taxes from the Seller, pay the Discount as cashback through RTGS/ NEFT/ IMPS or through other legitimate banking channels to the Buyer Account.
  7. The Buyer shall be liable to deposit the applicable tax deducted at source on the Certified Invoice Value and the Seller shall be liable to pay the GST applicable on the Certified Invoice Value.
  8. The Seller shall be liable to pay the GST on Conqoll Fee to the Company and deposit the TDS on Conqoll Fee to the authorities to the credit of the Company.
  9. It is clarified that for payments being made from outside India, the Company may not be able to transfer the cashback to the Buyer Account.
4. Fees
  1. Fees: The Company shall charge a fee from each Seller on Conqoll (“Conqoll Fee”) calculated as a percentage of the Payment amount towards each invoice in relation to Orders awarded and fulfilled on or through Conqoll in accordance with the Fee Schedule. The Conqoll Fee amount shall be calculated on a pro-rata basis on each Payment made by the Buyer, and shall become payable by the Seller in full to the Company from each payment received in relation to the respective Order.
  2. The Company reserves the right, at its sole discretion, to modify the Conqoll Credits Policy and Fee Schedule by giving the Users 1 (one) days’ notice on Conqoll prior to such modification coming into effect. A User will not be charged any fee for the use of the other features and functions on Conqoll.
  3. On each Transfer Amount received in the Designated Account, the Buyer and the Seller agree and authorize the Company, to make deductions as stated under Payments through Conqoll section herein and thereafter transfer the balance amount to the Seller Account in accordance with applicable law.
  4. Conqoll shall raise a tax invoice in the name of each Seller showing the amount of Conqoll Fee and the applicable GST, which shall be available for download from the Seller’s billing page for each Order on the relevant page on Conqoll. Conqoll shall also provide a payment advice to the Seller as and when required.
  5. In cases where the Payment is being made directly to the Seller by the Buyer , the Seller shall pay the Conqoll Fee within 15 days of receipt of the Payment from the Buyer.
5. Reporting and Taxes
  1. The Seller shall be responsible for raising its invoices and uploading them on Conqoll and shall be responsible for all other appropriate documentation that may be relevant to prove delivery of goods or services to the Buyer and fulfilment of the Order. The Buyer shall have the option to upload the invoice raised by the Seller on its billing tab. The Users undertake to provide accurate information in relation to the invoice raised by the Seller in relation to each Order.
  2. The Seller shall be responsible for (A) the collection and payment of its taxes together with the filing of all relevant returns, such as income tax, goods and services tax, or any other taxes, cesses or levies, as may be applicable to it, and (B) issuing valid invoices/ credit notes/ debit notes except in cases where otherwise required by the Company under law.
  3. All Fees paid payable to the Company under this Agreement shall be exclusive of goods and services taxes and any other indirect taxes.
  4. Tax deducted at source on Conqoll Fee by the Seller shall be deposited to the Company’s credit in a timely and prompt manner failing which, the Company shall be entitled to take any necessary action against the Seller. In cases where the Buyer transfers the Conqoll Transfer Amount directly to the Company or where the Conqoll Transfer Amount is negative, the Seller shall pay to only the Conqoll the net amount calculated as the difference between the GST on Conqoll Fee and the TDS on Conqoll Fee and Conqoll shall pay the full GST amount in favour of the Seller and the Seller shall deposit the TDS on Conqoll Fee.
  5. If income tax, withholding tax, tax collection at source, or other taxes are to be deducted and deposited on any payments made by or due to any User, the Company shall have the right to deduct and deposit such taxes with applicable authorities. The User agrees not to make any claim in respect of such taxes against the Company.
  6. In the event of any discrepancy in reporting or returns filed by a User and the Company, the User agrees to resolve such discrepancy immediately, and indemnify the Company against any tax, interest, and penalty payable in this regard.
Third Party Services
1. Conqoll may contain, or the Company offer, services, products, content, documents, and information owned, offered, or otherwise licensed by a third party (“Third Party Services”) or links to Third Party Services. The User understands that Third Party Services are the responsibility of the third party that created or provided it and acknowledge that the use of such Third Party Services is solely at the User’s own risk. The Company makes no representations and excludes all warranties and liabilities arising out of, or pertaining to such Third Party Services, including their accuracy, quality, or completeness. The Company does not endorse or sponsor any Third Party Services, and shall not be held liable for any actual, incidental or consequential damages that may result from any use or inability to use any Third Party Services.
2. All intellectual property rights in and to Third Party Services are the property of the respective third parties.
Term and Termination
1. This Agreement shall remain in effect unless terminated by the relevant User or by the Company. Any use of Conqoll is subject to the terms of this Agreement. Each User agrees that its use of Conqoll in any manner after the termination of this Agreement is solely at its own risk and the Company shall not be liable for any such use of Conqoll.
2. The Company reserves the right to temporarily suspend or restrict access with or without notice for any reason including upgrades, security breaches or bugs.
3. Any User may terminate this Agreement by deleting their Account and all its Individual Accounts (in case of a Business User) and stop using Conqoll at any point in time.
4. he Company may terminate access of any Individual User or Business User to Conqoll at any point with immediate effect: (i) on account of fraud, wilful misconduct, or gross negligence, (ii) use Conqoll for any anti-competitive practices, including price rigging or collusion, (iii) upon material breach of this Agreement, or (iv) breach of applicable laws.
5. Upon termination of this Agreement:
  1. the User’s access to the Individual Accounts and/or Business Accounts shall be barred;
  2. all amounts payable under this Agreement arising on account of any actions prior to the date of termination shall continue to be payable;
  3. all discounts or other promotions shall cease to apply to such Individual Accounts and/or Business Accounts; and
  4. this Agreement shall terminate, except for those provisions that expressly or are intended to survive termination.
Disclaimers and Warranties
1. Use of Conqoll
  1. The Users agree that their use of Conqoll is at their sole risk. To the extent permitted by applicable law, Conqoll is provided on an “as is” and “as available” basis. The Company does not warrant that the operation of Conqoll will be uninterrupted or error free or that the functions contained in Conqoll will meet any requirements or expectations.
  2. Conqoll shall not process or be involved in any claims, or refunds or returns of any Payments (or part thereof) including claims on account of warranties, deficiencies in products or services, dissatisfaction of the Buyers with the products or services, non-award of an Order by a Buyer to a Seller, non-payment or delayed payments by the Buyers or any other disputes between Buyers and Sellers. It is clarified that Conqoll shall not be a party to such claims nor shall it be involved in mediating, supervising, deciding, facilitating or settling such claims.
  3. The Company makes no representations, warranties, or guarantees, whether express or implied, that the content and information on Conqoll is accurate, complete, or up to date.
  4. The Users agree and acknowledge that Conqoll is only a facilitator and is in no manner a party to the transactions conducted on Conqoll. The transactions entered by the Users with other Users are strictly between such Users and Conqoll shall not be required to enforce or participate in such contracts in any manner whatsoever.
  5. The Users agree and acknowledge that Conqoll is not bound to verify, certify or conduct any checks on information and data submitted by any of its Users including Bid Invites, Bids, Orders, invoices or performance by its Users and that any transactions entered on Conqoll are completely at the User’s discretion and risk. Conqoll does not undertake, guarantee or provide any assurance as regards the performance, ability, experience or capabilities of any of its Users.
  6. The Company offers an online solution that provides a platform with the features available on Conqoll from time to time. The Company does not bear any responsibility for any information or sale deliverables provided or failed to be provided by Users and disclaims all warranties in relation to information or goods or services provided by its Users. The Company does not bear responsibility for any costs, expenses, or other charges that maybe incurred in relation to any transaction between Users. Use of Conqoll or the information or services provided by Users through Conqoll does not constitute a legal relationship between the Company and a User for the procurement of sale deliverables. If a dispute arises between a User and other Users of Conqoll, each relevant User agrees to hold the Company harmless from and against any claims, damages, and liabilities that may arise in relation to such dispute.
  7. To the extent permissible under applicable law, the Company expressly disclaims all warranties of any kind, express or implied, in relation to or arising out of Conqoll, including warranties of merchantability, fitness for a particular purpose, User satisfaction, delivery schedule, quality, accuracy, title and non-infringement, compatibility, applicability, usability, appropriateness, and any warranty that may arise out of course of performance, course of dealing, or usage.
  8. To the extent permissible by law, the Company, its affiliates, and their related parties each disclaim all liability to a User for any loss or damage arising out of:
    1. the occurrence or existence of any defect, interruption, deletion of files, delays in the operation or transmission of information to, from, or through Conqoll, communications failure, theft, destruction or unauthorised access to our records, programmes, services, server, or other infrastructure relating to Conqoll;
    2. any losses or delays in transmission of messages or material a User accesses arising out of the use of any internet access service provider or mobile network service provider or caused by any browser or other software which is not under the Company’s control;
    3. Conqoll being infected with any malicious code or viruses; or
    4. the failure of Conqoll to remain operational for any period of time.
2. Sale Deliverables and User Information
  1. The Company is not and will not be responsible for any claim or any damages suffered that are related, directly or indirectly, to the use of or arising out of Conqoll, including but not limited to applicable laws, the provision of false or negligent advice or information, any defective material, machinery or service, risks and liabilities associated with delivery or non-delivery, violation of third party rights, or any abuse, threats or offensive behaviour or breach of Code of Conduct and Bidding Policy.
  2. Sale Deliverables are owned and controlled entirely by the Users offering it for sale. The information provided does not to amount to professional advice by the Company in any manner and the Company does not provide any warranty in relation to any Order being placed by a User on Conqoll. In case of any grievance with regard to the Sale Deliverable, it shall be entirely resolved between the Buyer and the Seller and Conqoll shall not in any way be responsible for the same.
  3. Conqoll’s other Users are not agents, representatives or employees of the Company; they are independent contractors who independently avail the use of Conqoll.
  4. The Company does not own, control, or endorse any User Information that is transmitted, stored, or processed via Conqoll. Each User is solely responsible for its User Information.
Indemnity and Limitation of Liability
1. The User agrees to indemnify and hold harmless the Company, its affiliates, and respective directors, officers, members, employees, and agents from and against any and all claims and expenses arising out of its use of Conqoll (except where such claims are caused by fraud, or wilful default by Conqoll), a breach of any provision of this Agreement by it or any person using its account on Conqoll, any User Information, or any third-party claim to the extent arising from or connected to an allegation that its use of Conqoll in accordance with this Agreement infringes any rights of a third party.
2. The User agrees that in no event shall the Company, its affiliates, and/or their officers, employees, and agents be responsible to it or any other party for any direct or indirect, losses, lost profits, lost savings, or other direct, indirect, special, incidental or consequential damages arising out of this Agreement.
3. The User agrees that any and all claims relating to or arising out of any Order placed on Conqoll by it as a Buyer or any Order won by it as a Seller, shall lie against the respective counterparty in the relevant Order as two independent contracting parties and that Conqoll shall have no liability in relation thereto whatsoever.
Confidentiality

The User acknowledges that Conqoll contains trade secrets and confidential information of the Company, its licensors and its users. The User agrees to use a reasonable degree of care to protect the confidentiality of information available on Conqoll. The User will not remove or alter any proprietary notices of the Company and/or its licensors that are on or in Conqoll. The User’s obligations under this paragraph shall continue even after this Agreement have been terminated.
Modification

We reserve the right to add to, modify, or discontinue Conqoll (or any part thereof) at any time with or without notice or cause. The User agrees and acknowledges that we shall not be liable to it or to any third party for any such addition, modification, suspension, or discontinuation of Conqoll.
Force Majeure
We shall have no liability to any User if we are prevented from or delayed in performing our obligations or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or telecommunications network, act of God, war, riot, civil commotion, epidemics and pandemics, lockdowns, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of machinery, fire, flood, storm, epidemic, or default of suppliers or sub-contractors.
Jurisdiction, Governing Law and Dispute Resolution
1. This Agreement shall be governed by, construed and enforced in accordance with the laws of India. Subject to other provisions in this clause, the courts in Mumbai shall have exclusive jurisdiction over all issues arising out of this Agreement.
2. Any controversies, conflicts, disputes, or differences arising out of this Agreement shall be resolved by arbitration in Mumbai in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this clause. The tribunal shall consist of 1 (One) arbitrator jointly nominated by the parties to the dispute. The language of the arbitration shall be English.
3. The parties to the arbitration shall keep the arbitration confidential and not disclose to any person, other than on a need to know basis or to legal advisors, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the parties thereto.
Miscellaneous Provisions
1. Severability: If any provision of this Agreement is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of this Agreement will continue in effect. If any unlawful or unenforceable provision would become lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the paragraph, in which case the entirety of the relevant provision will be deemed to be deleted).
2. Updates: We reserve the right to provide minor modifications or enhancements, or programme temporary fixes or patches, if applicable, to Conqoll.
3. Headings: Heading and bold typeface are for convenience and shall be ignored for the purpose of interpretation.
4. Notices: All notices, requests, demands, and determinations for us under this Agreement (other than routine operational communications) shall be sent to [email protected]
5. Third Party Rights: No third party shall have any rights to enforce any terms contained here.

Conqoll Credits Policy, Discounts and Fee Schedule

Last Updated: 17 November 2020

The Company awards Conqoll Credits on Conqoll to its Users acting as Buyers and to its Users acting as Sellers in accordance with this Conqoll Credits policy. All capitalised terms not specifically defined shall have the meaning given to them in the Conqoll User Agreement available at www.conqoll.com/legal.html.

Award of Conqoll Credits to Buyers
1. Conqoll shall award Conqoll Credits to every Buyer who places an Order and makes a Payment in favour of a Seller on Conqoll for the procurement of any material, machinery, construction works or consultancy services.
2. The Conqoll Credits shall be credited to the Buyer’s Conqoll Credits tab in its Account immediately upon confirmation of receipt of the Transfer Amount in the Designated Account in case of Payments through Conqoll or upon receipt of Conqoll Fee from the Seller in case of Direct to Seller payments.
3. The number of Conqoll Credits earned from each Order and corresponding Payment shall be 80% (eighty per cent) of the Conqoll Fee excluding any taxes.
4. The exact number of Conqoll Credits earned shall be reflected in the User’s Conqoll Credits tab in its Account.
Award of Conqoll Credits to Sellers
1. A Seller shall be entitled to Conqoll Credits in a calendar month if it meets the following conditions:
  1. The Seller has participated in at least 5 (five) Qualifying Bids in the relevant month;
  2. At least 3 (three) out of 5 (five) Qualifying Bids do not have common bidders; and
  3. The Seller has won at least 2 (two) Qualifying Bids in the relevant month.
  4. “Qualifying Bids” shall mean bids (a) that have actually been awarded by the relevant Buyer, and (b) where, at least 5 (five)sellers have participated in such bid.
2. The amount of Conqoll Credits to be earned by the Seller under the clause above shall be for a value of up to 10% of the Conqoll Fee earned from the largest Qualifying Bid that has been won by the Seller, excluding any taxes.
3. The exact number of Conqoll Credits earned shall be reflected in the User’s Conqoll Credits tab in the Account after the occurrence of the above event and proportionate from receipt of the Conqoll Fee.
4. Notwithstanding anything contained in this Clause, the award of Conqoll Credits to Sellers as contained in this Clause shall be at the sole discretion of the Company.
Referral Credits

Company may award up to 100 (One hundred) Conqoll Credits equivalent to Rs. 10,000 (Rupees Ten Thousand) for every new Business User that an existing Business User may invite and who shall register on Conqoll. The exact amount of Conqoll Credits shall be determined by the Company at its own discretion. The Company shall also at its own discretion apply a cap on the total number of Referral Credits that may be awarded to a single Business User.
Conqoll Credits Account
1. The Conqoll Credits awarded to the user shall be credited to their Conqoll Credits account which can be viewed after logging in under the Conqoll Credits tab.
2. Each Conqoll Credit shall be equivalent to Rs. 100 (Rupees Hundred) and thus the rupee equivalent value of Conqoll Credit shall be calculated accordingly. In case of Orders awarded in currency other than Indian Rupees, (a) the number of Conqoll Credits to be awarded shall be determined based on the prevailing exchange rate between Indian Rupees and the Order currency at the time of award of the Conqoll Credits, and (b) the value of each Conqoll Credit shall be determined based on the prevailing exchange rate between Indian Rupees and the Order currency at the time of redeeming of the Conqoll Credits.
Redemption of Conqoll Credits for Payments made to Seller through Conqoll
1. Every Buyer shall be able to redeem Conqoll Credits for discounts on the Certified Invoice Value (“Discount(s)”).
2. Conqoll Credits shall be redeemable for Discounts by clicking the relevant button, under the Billing Tab for the applicable Order, accessible through the Awarded Bids Tab under the Procurement section.
3. The maximum Discount available for a Payment shall be up to 100% of the available Conqoll Credits subject to a maximum of 3% of the Payment amount.
4. The exact Discount available on each Payment towards a Certified Invoice Amount shall be visible upon clicking the relevant button as in point (ii) above.
5. It is clarified that all Users shall be entitled to redeem Conqoll Credits for Discounts while acting as a Buyer and making Payments for Orders made on Conqoll

Credits, Discounts and Fee Schedule

The Company shall charge the Conqoll Fee from Sellers on Conqoll as set forth in the table below, under the head of Conqoll Fee applicable, read with the Conqoll User Agreement. The net Conqoll Fee after Discounts shall under no circumstance exceed the values provided under Net Conqoll Fee after Discounts.

Category of Goods or Services	Conqoll Credits (as % of Conqoll Fee)	Discount Offered (on each Payment)	Conqoll Fee applicable (on each Payment)	Maximum Conqoll Fee retained (as % of Conqoll Fee)
Construction Works	80%	Upto 3%	2%	Up to 20%
Consultancy Services	80%	Upto 3%	2%	Up to 20%
Material Supply	80%	Upto 3%	2%	Up to 20%
Machinery Supply	80%	Upto 3%	2%	Up to 20%

No other fee except as provided in Conqoll Fee applicable in the above table shall be charged by Conqoll from any of its Users.

Conqoll Bidding Policy

Last Updated: 22 July 2020

Conqoll enables you to network and collaborate with industry stakeholders by minimizing your direct and indirect spend in all functions of your business. We strive to ensure a trustworthy, fair, transparent and secure interaction between all users on Conqoll. In order to achieve this, we expect you to adhere to the code of conduct set forth below.

Accuracy of Information
User Information provided by you on Conqoll will be relied upon by other users in order to connect with you and collaborate with you on projects. You agree to keep your information current and updated at all times and not to provide any false, misleading, or inappropriate information about your business or yourself on Conqoll. You acknowledge that providing false information may cause irreparable damage to other users who may rely on such information provided for you.
Communications with other Users
All your communication with other Users on Conqoll shall be made in the most respectful manner. You shall not in any way engage in any inappropriate or offensive behaviour with any other Users on Conqoll.
Use of Features
You will use the features and functionalities on Conqoll for the purpose for which they are intended and not for any other purpose.
Procurement on Conqoll
You are free to invite bids for procurement of any goods or services on Conqoll. However, you agree that
1. you will invite bids on Conqoll only when you have an intention to place an order for the procurement of such goods or materials to the most suitable seller on Conqoll and not just to obtain reference quotations from users.
2. To be best of your abilities, you will provide the most accurate information regarding the nature of goods or services required to be provided by other Users to you;
3. You may decline an interested user from submitting his bid for a bid invite published by you only with valid reason in place.
4. You will adhere to the bidding rules as below
  - Lowest Bidder Wins – you will award the project to the user who has submitted the lowest price at the time of opening of the price bids unless there are compelling circumstances to make you decide otherwise.
  - Negotiated Award – you may award the project to such user who has submitted a valid price bid at the time of opening of the price bids and may be reasonably deemed to be the best bidder to offer you the goods or services for which bids were invited for.
5. You will award the bid to such seller whom you have selected as the successful bidder after the bidding process on Conqoll and will not engage with the seller outside of Conqoll to conclude the transaction.
6. You will make payments to the seller through Conqoll to the extent possible and in accordance with the terms contained in the Agreement.
7. You or your employees, representatives, agents or personnel will not seek any favours in cash or kind from another User for providing any information that you will normally provide on Conqoll, awarding any order for which a bid has been invited on Conqoll, or making payment to the Seller through Conqoll or any other action to be performed on Conqoll in any manner.
Selling on Conqoll
You will be able to quote on all Bid Invites for which a buyer has directly invited you or for which you express interest and are approved to bid by a Buyer. You agree that
1. You will bid only on those opportunities in which you are seriously interested in securing an order from the user who has invited the bid.
2. Your technical and commercial proposal will be realistic and justifiable upon scrutiny by the buyer.
3. You may choose to negotiate or not negotiate with a buyer on Conqoll but then the buyer may be free to negotiate and award the opportunity to the next bidder in line.
4. You agree that an opportunity once awarded by the Buyer to you on Conqoll becomes a binding contract and you will be bound to honour the terms and conditions of the contract that shall be signed between you and the buyer.
5. You will not indulge in any anti-competitive or corrupt practices on Conqoll.
6. You will upload your invoices on Conqoll in a true, accurate, fair and transparent manner.
7. You will not pay any commissions in cash or kind to any of the users or their personnel, employees or agents for any transactions that are concluded on Conqoll and for which payments are being made through Conqoll.
8. You will pay all your fees due to Conqoll in a timely manner and also deposit any taxes associated with such fees to the relevant government authorities promptly.
Reporting
You may at your own discretion inform us about any other user repeatedly violating any of the code of conduct repeatedly by writing to us at in which case we will investigate the occurrence of such violation and take suitable measures to prevent such violations being repeated by such users.
Repeated Violation
In case of repeated violation of the Code of Conduct by any User, Conqoll may take any one or more of the below measures in order to maintain the integrity of the platform:
1. Deduct Conqoll Credits for violations as may be determined by Conqoll from time to time.
2. Prevent access to part or whole of the platform;
3. Prevent you from inviting bids or submission of bids on Conqoll
4. Publish any ratings, reviews or feedback that may be submitted by users on Conqoll about your repeated violation of code of conduct;
Conqoll reserves the right to modify, amend or change the Bidding Policy at any point in time by intimating its users 1 day in advance to the modifications coming into effect.

Last Updated: 22 July 2020

This Privacy Policy (“Policy”) details Conqoll Technologies Private Limited’s (“Company”, “we”, or “us”) practice in relation to the storage, use, processing, and disclosure of data that a User has chosen to share with us when it accesses Conqoll, or data that we may have access to in relation to your use of Conqoll.

However none of the things mentioned above are more important than the type of paper you will choose to print your catalog on. The “feel” of your catalog is important to your potential customers. The longer they have your catalog in their hands, the more product they will buy. In this article I will go over some of the many paper choices you have to print your catalog on.

At Conqoll, we are committed to protecting your data (including personal data) and respecting your privacy. Please read the following terms of the Policy carefully to understand our practices regarding your data and how we will treat it. This Policy sets out the basis on which any data we collect from Users or about Users, or that Users provide to us, will be processed by us.

Capitalised words in the Policy shall have the same meaning ascribed to them in Conqoll User Agreement (“Agreement”), available at www.conqoll.com/legal.html. Please read this Policy in consonance with the Agreement.

By using Conqoll, the User consents to the collection, storage, use, and disclosure of the User’s data in accordance with, and are agreeing to be bound by, this Policy.

THE DATA WE COLLECT ABOUT YOU
1. Personal data or personal information means any information about an individual from which that person can be identified. It does not include data where the identity has been removed like anonymous data, or data about companies or businesses that do not identify individuals.
2. Corporate data or corporate information means any information about an entity from which such entity can be identified. It does not include data where the identity has been removed like anonymous data.
3. We may collect, use, store and transfer different kinds of data and information about Users in connection with their use of Conqoll for the purpose of setting up individually identifiable accounts for use on behalf of the person registering on Conqoll and data and information relating to the use of Conqoll. Such data includes:
  1. Data pertaining to the User’s identity and profile-related data, such as first and last name, username or similar identifiers, title, passwords, feedback and survey responses;
  2. Contact data, including email addresses, phone numbers, delivery addresses, and business addresses;
  3. Transaction data, including details about payments including to and from Users and details of bids where a User has used Conqoll;
  4. Device data, including but not limited to:
    - Applications - list of apps;
    - Location – location data recorded on your device;
    - Device Information – including hardware model, operating system and version, IMEI and serial numbers; user profile information, IP addresses, browser types and versions, time zone settings, Wi-Fi, and mobile networks;
    - Contacts – contact information stored on your device; and
    - Accounts – list of accounts logged into from your device.
  5. Usage data, including information about how a User interacts with other Users and/or Conqoll; and
  6. Marketing and communications data, including preferences in receiving marketing from us and our third parties and communication preferences.
4. We also collect, use, and share aggregated data such as statistical data. Aggregated data could be derived from a User’s data. For example, we may aggregate usage data to calculate the percentage of users accessing a specific feature of Conqoll. However, if we combine or connect aggregated data with personal data so that it can directly or indirectly identify a User, we treat the combined data as personal data which will be used in accordance with this Policy and applicable law.
5. Where we need to collect data by law, or under the terms of the Agreement, and if a User fails to provide that data as and when requested by us, we may not be able to perform our obligations under the Agreement (for example, to provide you with features of Conqoll). In this case, we may have to cancel or limit access to Conqoll, but we will notify the User if this is the case at the time.
HOW YOUR DATA IS COLLECTED
1. We use different methods to collect and process data about you, such as:
  1. Information a User gives us – This is the information (including identity, contact, and marketing and communications data) that a User consents to giving us about itself when a User uses Conqoll or by corresponding with us (for example, by email or chat). It includes information a User provides when the User registers to use Conqoll, use a Conqoll feature, or share data through Conqoll, through other activities commonly carried out in connection with Conqoll, and when a User reports a problem with Conqoll. If A User contacts us, we will keep a record of the information shared during the correspondence.
  2. Information that is shared with us – We may collect data and information about Users which may be shared with us either directly by the User or by the User’s representatives.
  3. Information we collect about Users and their device – Each time a User accesses Conqoll, we will automatically collect device and usage data. We collect this data using cookies and other similar technologies.
  4. Information we receive from other sources including third parties and publicly available sources - We may obtain data about Users from various third parties and public sources, including those set out below:
    - Analytics providers;
    - Advertising networks;
    - Search information providers;
    - Contact, financial, and transaction data from providers of technical, payment, and delivery services;
    - dentity and contact data from data brokers, aggregators or business listing domains; and
    - Identity and contact data from publicly available sources.
AUTHENTICITY OF INFORMATION
1. The User agrees that the information and data provided to us by the User are true, correct, and accurate. We shall not be liable for any incorrect or false information or data that any User (including other Users) might provide.
2. A User may review the information and data provided by it and choose to correct or modify them. A User may do so by writing to us or our Grievance Officer at the address provided in Section 12 of this Policy.
HOW WE USE YOUR DATA AND FOR WHAT PURPOSES
1. We will only use data as the law allows us to. Most commonly, we will use your data in connection with your use of Conqoll, or where we need to comply with a legal obligation.
2. The User understands and agrees that by providing us with your data, you also consent to us sharing such data with third parties in accordance with law. By using Conqoll, the User authorises us, our associates, partners, and affiliates to contact the User through email, phone, or other modes of communication.
3. All information pertaining to Users, whether or not directly provided to us by Users (via Conqoll or otherwise), including but not limited to personal correspondence such as emails or instructions., may be collected, compiled, and shared by us in order to operate Conqoll and the User expressly authorises us to do so.
4. The User agrees and acknowledges that we may share data without the User’s consent, when it is required by law or by any court or government agency or authority or in any legal proceeding.
5. In general, we will not use or disclose personal data except for the following purposes or activities:
  1. to install Conqoll and register your individual account as a user;
  2. to deliver features on Conqoll and prepare quarterly statements for account maintenance;
  3. to manage our relationship with you including notifying you of any changes to Conqoll;
  4. to administer and protect our business and Conqoll including troubleshooting, data analysis, and system testing;
  5. to deliver content and advertisements to you;
  6. to make recommendations to you about services, rewards, discounts, or other benefits which may interest you;
  7. to measure and analyse the effectiveness of the advertising we serve you through means which include surveys and promotions;
  8. to monitor trends so we can improve Conqoll;
  9. to perform our obligations that arise out of the arrangement we are about to enter or have entered with you;
  10. to enforce the terms of the arrangements we have with you;
  11. where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; and
  12. to comply with a legal or regulatory obligation.
6. The User authorises us to send electronic alerts and messages for details pertaining to registration on and use of features on Conqoll, requirements arising out of the provision of Conqoll, and advertising.
7. The User further agrees to receive promotional and other emails and other forms of communication from us. Through such communication the User will receive information about the latest developments on Conqoll. The User may unsubscribe from our mailing list at any time through the unsubscribe option we offer.
TRANSFER OF DATA
1. The information and data you provide to us may be stored in India or any other country, subject to applicable laws. This may happen if any of our servers are from time to time located in a country other than India, or one of our service providers is located in a country other than India. We may also share information with entities of countries other than India. These countries shall be subject to data laws of their respective countries.
2. If you use Conqoll while you are outside India, your information may be transferred, subject to applicable law, to a country other than India in order to provide you with Conqoll.
3. By submitting information and data to us, the User agrees and consents to the transfer, storage, and/or processing of such information and personal data in or outside India, to any third party in the manner described above.
THIRD PARTY SERVICES
1. Conqoll may, from time to time, contain services provided by or links to and from the websites of our partner networks, advertisers and affiliates (“Third Party Services”). Please note that the Third Party Services that may be accessible through our Conqoll have their own privacy policies. We do not accept any responsibility or liability for the policies or for any data that may be collected through the Third Party Services. Please check their policies before submitting any data to such websites or use their services.
2. We use third-party user experience improvement services and applications to better understand User needs, preferences and requirements.
3. The User’s relationship with these third parties and their services and tools is independent of the User’s relationship with us. These third parties may allow Users to permit or restrict the information that is collected.
4. The place of processing information depends on each third-party service provider and the User should check the privacy policy of each of the service providers to identify the data shared and its purpose. The User will be subject to the third party’s privacy policy if it opts in to receive communications from third parties. We will not be responsible for the privacy standards and practices of third parties.
5. We may share your data and information with our affiliated companies, subsidiaries, associates, affiliates, joint ventures, or other companies under common control (“Affiliates”) that we may have now or in the future, in which case we will require them to honour this Policy.
COOKIES
1. We use cookies and/or other tracking technologies to distinguish a User from other Users of Conqoll and to remember User preferences. This helps us to provide User experience and also allows us to improve Conqoll.
2. We collect data by way of ‘cookies’. Cookies are small data files which are sent to a User’s browser from Conqoll and are stored on the User’s computer or device (hard drive). The cookies shall not provide access to data in your computer or device such as email addresses or any other data that can be traced to a User personally. The data collected by way of cookies will allow us to administer Conqoll and provide you with a tailored and user-friendly service. The cookies shall enable Users to access certain features of Conqoll. Most web browsers and devices can be set to notify when you receive a cookie or prevent cookies from being sent. If a User prevents cookies from being sent, it may limit the functionality that we can provide when the User visits Conqoll or tries to access some of the functions or features on Conqoll.
3. Additionally, a User may encounter cookies or other similar devices on certain pages of Conqoll that are placed by third parties. We do not control the use of cookies by third parties. If a User sends us personal correspondence, such as emails or letters, or if other Users or third parties send us correspondence about a User’s activities in relation to Conqoll, we may collect such information into a file specific to the User.
DATA SECURITY
1. We implement certain security measures including encryption and firewalls to protect personal information from unauthorised access, and such security measures are in compliance with the security practices and procedures prescribed under law. However, the above-mentioned measures do not guarantee absolute protection to information and by accessing Conqoll, the User agrees to assume all risks associated with disclosure of information arising due to breach of firewalls and secure server software.
2. Where we have given a User (or where a User has chosen) a password that enables you to access certain parts of Conqoll, the User is responsible for keeping this password confidential. We ask the User not to share the password with anyone.
3. We will comply with the requirements under the applicable law in the event of a data or security risk.
DATA RETENTION
The User acknowledges and agrees that its data will continue to be stored and retained by us for a reasonable period after termination of the User’s use of Conqoll.
BUSINESS TRANSITIONS
The User acknowledges and agrees that in the event we go through a business transition, such as a merger, acquisition by another organisation, or sale of all or a portion of our assets, the User’s data might be among the assets transferred.
CHANGE IN PRIVACY POLICY
(a) We may amend this Policy from time to time, at our sole discretion. The terms of this Policy may change and if it does, these changes will be posted on this page and, where appropriate, notified to Users by email. The new Policy may be displayed on-screen and the User may be required to read and accept the changes to continue using Conqoll.
DATA PROTECTION AND GRIEVANCE OFFICER
A User may contact us at [email protected] with any enquiry relating to this Policy or an enquiry relating to the User’s personal information (including reviewing or updating). The User can also do so by writing to our Grievance Officer, established in accordance with the Information Technology Act, 2000 and rules made thereunder, at the address provided below:
Name: Labdhi Jogatar
Address: A3, Happy Homes, T M Maistry Street, Thiruvanmiyur, Chennai, Tamil Nadu, 600041, India
Email Address: [email protected]

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