For the purpose of this document, the terms below will have the meaning accompanying each term:

2.1 Incentives:

The amount paid by TCL to the Participant for each bag of cement or mortar mix purchased at a Participating Hardware Store.

2.2 WhatsApp® Line

WhatsApp corporate license, used by TCL as a communication channel with Participants and Participating Hardware stores to carry out the Programme, via which the following will be done:

• 2.2.1 Profile Registration.
• 2.2.2 Invoice Registration and Validation.
• 2.2.3 Redemptions of credit balances.
• 2.2.4 Other administrative matters associated with the Programm

2.3 Contractor: An individual over 18 years of age, employed in construction, with comprehensive training and specific knowledge of construction system design processes, such as finishes, structures, slabs, masonry, sealing/plastering, among others.

2.4 End User: an individual over the age of 18 years, with or without comprehensive training and/or specific knowledge of construction system design processes, such as finishes, structures, slabs, masonry, sealing/plastering, among others and whose occupation does not correspond to that of a master builder.

2.5 Participant. End User who has successfully registered for the ConstruCa$h program via WhatsApp.

2.6 Credit balan The dollar value from an incentive which is earned by a Participant, arising from the satisfactory registration of purchases of TCL products, via the WhatsApp line. The value of the amount generated is stipulated in this document.

2.7 Accumulated credit balance. The sum, in the last 12 months, of all credit balances earned by the Participant, registered for own purchases, for purchases registered by referred Contractor and by referrals of said Contractor.

2.8 PROGRAMME SCOPE.

TCL shall grant to the Participant a financial incentive for bags of TCL cement or mortar mix purchased at a ConstruCa$h Participating Hardware.

The Participant shall quality for such incentive upon satisfying the following criteria:

3.1.1.  Incentives for purchase made at Participating Hardware stores.

The incentives which the Participant will earn for each purchase made at any Participating Hardware will be:

Construrama Hardware

– Seventy-Five cents (TTD$0.75) per bag for the self-purchase of TCL cement or mortar mix purchased from a Construrama Hardware.

Non-Construrama Hardware

– Fifty cents (TTD$0.50) per bag for the self-purchase of TCL cement or mortar mix purchased from a Construrama Hardware.

Referral

-Twenty-five cents (TTD$0.25) per bag for purchases made by a referred Participant, whether the purchases occurred through Construrama or Non-Construrama Hardware.

3.1.2  Sales invoices registered to the WhatsApp line by the Participant must comply with all legal requirements to be valid for collection of a credit balance. These legal requirements are:

• Surname and first name or Business name, registered Business Address, relevant contact information and VAT Registration Number, of the Participating Hardware Store where the purchase was made.
• Employee signature or stamp from the Participating Hardware Store, clearly identifying the business name and/or address where the purchase was made, in cases where the invoice is not on an authorized letterhead.
• Surname and first name of the ConstruCa$h
• Consecutive invoice number.
• Date of issue and bill date.
• Description of the cement or mortar mix purchase Eg. Premium Plus, Eco Cement or Plasta Masta.
• Unit value, amount and subtotal of the transaction.
• Quantity of product purchased.
• Differentiation or indication of the VAT amou
• Total value of the transacti
• An authorized sticker bearing the ConstruCa$h Logo with a consecutive number.
• Invoices older than seven days from the bill date will not be considered.

3.2. Requirements for obtaining incentive To redeem the accumulated balance, the Participants, must follow the steps below:

– Request a redemption code via the ConstruCa$h Whatsapp Line.

–The minimum amount that can be requested for redemption is One Hundred Trinidad and Tobago dollars (TTD $100.00).

– A unique ConstruCa$h redemption code will be generated with the monetary value requested.

-Participants may request their credit balance via the WhatApp Line.

-Participants may request a redemption valued at 100% or any part of the credit balance.

Please note that 100% of the value requested must be used in a single transaction.

–  After the Participant receives their ConstruCa$h redemption code, the value can be used to settle invoices or make purchases at any Participating Hardware store.

– The Participating Hardware Store must validate the redemption code by contacting TCL at 1-800-744-0149.

The Hardware store must provide the following information-

1. The name of the hardware.
2. The participant’s Redemption Code and value.
3. Cell phone number and name of the participant.
4. Identification number used to register for ConstruCa$h.

3.1.6. Credit balance validity period. The accumulated credit balance will be valid for twelve (12) months, from the day of purchase. Minimum balances not redeemed within the established time frame will expire and CANNOT be used in the future.

3.3. GENERAL TERMS OF THE PROGRAMME

3.3.1. To register for ConstruCa$h, participants must fill out the registration form and accept the Terms of Condition via WhatsApp.

3.3.2.     Identity verification will be done upon payment of redemption at the Participating Hardware store. The Participant must present the original identification document used to register for ConstruCa$h at the point of payment. This is done to verify that the identification number of the person requesting redemption is the same as the identification number of the registered person.

3.3.5. The Participant expressly authorises TCL to collect and process, either directly or via third party intermediaries, the information contained in the registration. In accordance with the aforementioned, TCL may:

–       Directly or via third parties, reproduce, process, consult and use the information for the purpose of 1. Registering invoices that will accumulate credit balances, address complaints and Request and any other administrative processes as required by the ConstruCa$h program.

–       TCL may share the Participants general information with commercial partners, distribution networks, telemarketers, and other third parties associated with Cemex and/or TCL.

–       Use the participant information for promotional and advertising campaigns associated with Cement, mortar mix or general building solution material. The campaigns may be via social media, email or printed material.

–       Invite the participants to participate in Customer Service Surveys.

3.3.6.      Registration to the ConstruCa$h is free of charge.

3.3.7.   Membership for ConstuCa$h is personal and non-transferable.

3.3.8. The accumulation of credit balances is facilitated via the registration of invoices for a minimum of one bag of TCL cement or mortar mix from any Participating Hardware Store

3.3.9. Participants may withdraw from ConstruCa$h at any point in time via the WhatApp line by selecting the option “Question, Claims and Complaints” then select the “speak to an Agent” option.

3.3.10 When an active Participant requests to withdraw from the ConstruCa$h:

– Credit balances below the minimum value of $100.00 TTD will be forfeited.

-Participants must redeem credit balance above the minimum value within thirty (30) calendar days of the request to withdraw. If thirty days elapse without redemption of the credit balance, the balance will expire.

3.3.11. Participants must keep their personal data, initially registered in the ConstruCa$h database, up to date.

Updates must be done via the ConstruCa$h WhatsApp line by selecting the option “Question, Claims and Complaints” then select the “speak to an Agent”

• TCL reserves the right to validate and verify the identity of the Participant requesting the update. In the cases where the requestor  submits  false information,                TCL will withdraw the Participant from the program and as such they will lose access to the accumulated credit balance and referral network.

3.3.12. Participants must confirm the accuracy of the information provided and are solely responsible for any incorrect, incomplete or outdated information in their records.

3.3.13. The customer service schedule on WhatsApp for those requests requiring validation, such as accumulations, redemptions and consultations, will be from Monday to Friday 8:00 am- 5:00 pm and 8:00 am – 2 pm on Saturday.

3.3.14.  Employees of TCL or their subsidiaries or relatives, as well as anyone who has a conflict of interest with TCL are prohibited from registering in the programme.

3.3.15. More than one (1) invoice can be registered daily by the Participant.

 3.316.  By agreeing to the Terms and Conditions the Participants is acknowledging that the registration information provided is accurate.

• In the cases where the Participant submits false information, TCL will withdraw the Participant from the program and as such they will lose access to the accumulated credit balance and referral network.

Affiliates of the ConstruCa$h program will be the registered Participants who make frequent purchases at Participating Hardware stores and accept the Terms and Conditions via WhatsApp.

The End User must  register via the ConstruCa$h WhatsApp channel. Participants are required to be 18 years or older, and should provide of the following information to TCL upon registration:

5.1. First and Last Name (As it appears in one’s national identification document)

5.2. National identification number

5.3. Mobile phone number

5.4 Profession

5.5 General Address

Registration for the ConstruCa$h program can only be done through the WhatsApp line.

To redeem the accumulated credit balance the Participant must submit a redemption request via WhatsApp   ConstruCa$h  redemption code will be issued for use  at Participating Hardware stores.

Participants may request their credit balance via the WhatApp Line.

Participants may request a redemption valued at 100% or any part of the credit balance, however 100% the value redeemed must be used in a single purchase or used to clear off balances at the Participating hardware store.

TCL  reserves the right to terminate the Programme at any time, by notifying the Participants thirty (30) calendar days in advance of the termination date via any medium deemed appropriate. During this thirty-day period the Participantcan redeem any accumulated credit balances.

9.1. Participating in  the Program will constitute acceptance of the present terms and conditions.

9.2. The redemption of accumulated credit balances is personal and non-transferable. Credit balances  cannot be transferred to another participant or affiliate for any reason.

9.3. Only the Participant will be authorised to redeem at Participating Hardware stores and must provide identification at the point of purchase.

10.1. By personal choice, the Partipants may request to withdraw from the Programme  via the WhatsApp line, by selecting the option (Updates). The Participant , will be transferred to an assessor who will process their request. They will have thirty (30) days from the withdrawal request to redeem their accumulated credit balance.

10.2. Due to events of force majeure or unforeseen circumstances which make it impossible to participate in the Programme.

10.3. Due to irregularities on the part of the Participants, in the fulfillment of the processes established by TCL in this document.

10.4. In the event that the Participants have ties or legal matters related to drug trafficking, money laundering or terrorism, or is linked to investigations of said offenses or is included on the SDN watch lists.

10.5. In the event that TCL discontinues the Programme – in such a case TCL must inform the Participant at least thirty (30) days in advance of the termination date via the media they consider appropriate, without additional compensation payment at the expense of TCL.

In the event that the Participants withdraws, or TCL terminates ConstruCa$h, the participants must redeem the credit balance within thirty (30) days of the  date of request or intention to terminate.

11.1. TCL reserves the right to modify, suspend, terminate or cancel the ConstuCa$h programme either partially or completely, individually or collectively, at any time in the future.  As such, TCL should inform their active participants thirty (30) days in advance of the   planned   date   of   termination  via   the   media  they  consider  most  appropriate.

11.2. TCL reserves the right to alter the amounts or  incentives related to the ConstruCa$h programme, whenever it is deemed necessary, excluding or including any amounts or incentives offered.

      The Participants will be informed via any medium deemed most appropriate.

       TCL must inform the Participants thirty (30) days in advance of the date when the amounts or incentives will be changed via the media deemed most appropriate.

11.3. TCL may notify the Participants of any other modification to the terms and conditions, so that they can accept the modified conditions, which will come into effect three (3) calendar days following the notification.

11.4.TCL may carry  out  extemporaneous  promotional  launches  during  the  program whenever it is deemed necessary, by excluding or including any of the amounts or incentives offered, of which the Participants will be informed via any medium deemed most appropriate. As such, TCL may inform the Participants of said decision on the same day that they wish to do the promotion via the medium(s) deemed most appropriate.

The Participant and TCL agree that:

12.1. The use of electronic messages give rise to rights and obligations which are mutually valid and executable;

12.2. All electronic communication will be admissible as evidence in cases of dispute

12.3. Legal effects, validity or binding force between TCL and the Participant will not be invalidated with respect to a declaration of will or other statement on the basis that it was made in the form of a WhatsApp message.

12.4 In case where TCL initiates conversation with the Participant via WhatsApp, the Participant is required to accept the WhatsApp conversation request before the information is communicated.

      If the Participant fails to accept the message request, TCL is not responsible for the loss suffered by the participant. This loss includes but not limited to expulsion from the ConstruCa$h program without notice.

TCL reserves the right to change and/or amend these Terms and Conditions at any time during the course of the Agreement.

By accepting and agreeing to the ConstruCa$h Terms and Conditions outlined in this document, Participants explicitly and knowingly permit TCL and its affiliated companies to gather, store, use, process, delete, update, disclose, transfer, and utilize the general information collected during registration and any subsequent communication.

The purposes and processing of personal information entered through the ConbstuCa$h WhatsApp line are as follows:

1. To create a ConstuCa$h Participant database.
2. To create the Participant ConstruCa$h profile.
3. To accumulate credit balances on the Participant profile.
4. To validate the identities of the Participant and Participating Hardware store.
5. To carry out processes related to the payment of credit balances to Participant.
6. To register and address requests and complain
7. To share data with third parties with whom TCL has a business relationship, for the purpose of carrying out any process related to the positive advancement of the ConstuCa$h programme.
8. To communicate information and details needed for the advancement of  the Programme, as well as those related to the delivery of products and/or purchased goods together with their respective payments.
9. To communicate invitations to participate in events, promotions and sales organised by TCL or affiliate.
10. Recording text messages, calls and other correspondence issued for transactions related to the Programme, presentation of complaints and claims, and  any  other  communication made  via  the  channels  provided  by  TCL;
11. To communicate promotions material for TCL goods and services.
12. To request participation in Customer Surveys.
13. To comply with Trinidad and Tobago or foreign law and orders from judicial or administrative authorities.
14. To provide contact information to commercial entities and/or the distribution network, telemarketers and any third party with whom Cemex / TCL has any type of contractual arrangement.
15. To share information with affiliates, subsidiaries and other companies associated with TCL for the purposes outlined herein.
16. Any other activity inherent to commercial relationships or existing legal arrangements with TCL.
17. Granting to TCL direct communication via the WhatsApp line with the holder of the information which they are authorised to handle, and the purposes for use of said information outlined in this document;
18. To record and retain all communications or evidence of communications through any medium with the personal information holder.
19. To access, consult, validate or corroborate personal information (private, semi-private, sensitive or reserved) stored or contained in  databases,  company files  or  at  any  Public  or  Private  Entity  whether  local, international or foreign;
20.  To store relevant information on Cemex / TCL’s data servers or centres, domestically or internationally, for authorised storage, handling, or necessary cloud hosting and computing.

The Participants declares that the personal information submitted to TCL is correct and true, and that said submission was done voluntarily.

Participants certifies that the personal information, the private or semi-private, the third party information, provided to TCL as referrals, were obtained legally and in accordance with the Laws of Trinidad and Tobago and also declare that TCL is expressly authorised to transfer, transmit and handle said information in accordance with the aforementioned purposes in this Agreement. In light of the foregoing, TCL may request proof of authorisation at any time or can obtain it directly from the holder for the purpose of ratifying the previously acquired consent if considered relevant.

As holder of the personal information, the Participant will have the following rights: I) Recognising, updating and correcting their personal information; II) being aware of how said information will be treated; III) obtaining a copy of the present authorisation at any time.

All personal information submitted to TCL will always be treated as confidential; thus ensuring that it will only be used for the authorised purposes outlined herein.

The personal information submitted to TCL will always be used to fulfil the social objectives of TCL, as long as the commercial or legal relationship between the parties remains in force.

Use of the information collected will be guided by TCL’s policies.

The Participant shall maintain in strict confidence any information concerning the business and affairs of TCL and its affiliates which it may become aware of during the Agreement. The Participant shall take all required measures to protect such confidential information. The Participant shall prohibit the unintentional disclosure to any third party of any confidential information or proprietary information concerning TCL or its processes, inventions, formulae, customers, suppliers or any other trade secrets, unless such disclosure is expressly assented to in writing by TCL during the term of this Agreement. This obligation shall survive termination of the Agreement. All information furnished to the Participant by TCL shall be considered confidential or proprietary information unless otherwise indicated by TCL.

Acceptance of the terms and conditions will be done via the Programme’s WhatsApp line. The End User will be able to select the options YES or NO, to continue the registration process. TCL will trace the acceptance of the terms and conditions. In the event that the End User does not accept the Terms and Conditions, they will not be able to be a part of the programme.

The parties agree that: (a) the acceptance  of these Terms and Conditions creates a valid and binding agreement ; (b) the use of electronic messages shall give rise to rights and obligations that are mutually valid and enforceable; (c) any electronic message shall be admissible as evidence; (d) In the relationship between the parties, legal effects shall not be negated for the sole reason of having been made in electronic form.

The Agreement shall be governed by and interpreted in accordance with the Laws of Trinidad and Tobago and each Party hereby submits to the exclusive jurisdiction of the Courts of Trinidad and Tobago with respect to any dispute or claim arising out of or in connection with the Agreement.