GDS CONSTRUCTION

Terms and Conditions

Terms and Conditions

The Benefits of Refer your friends and family and win exciting cash back and rewards!

Each person referring his/ her friends or family will get cash back on successful conversion of project.

Referral Amount

Less than 20-25 Lakhs     INR 15,000

25 to 39Lakhs     INR 20099

Greater than 39 Lakhs    INR 24000

By using the Services, You agree that You have read, understood, and are bound by these Terms, and that You comply with the requirements listed herein. If You do not agree to all of these Terms or comply with the requirements herein, please do not access the Platform or use the Services.

Customer service

1.GDS Construction connects customers and service providers of all types, We help customers discover on characteristics that matter most to them.

2.GDS Construction will act as an builder on project completed as per the agreement executed between the customer and an SP, Once the contract has been executed between the custom.

3.Building materials can be supplied to registered businesses only.

4.There are pre-specified timelines for the purchase of material category.

5.Invoice will be directly raised by GDS Construction  to the business within 72 hours of delivery part payments are made stage by stage

6.We share leads of customer enquiring for assistance in plot  for a fixed commission fee. GDS in no way will be involved in negotiating the price of the land being bought or discussed by the customer only.

7.Package rates are subject to plinth area and number of floors.

8.Service Cancellation Policy

Please check our service cancellation policy HERE.

9.Account Information

a)GDS Construction may upload information relating to transactions with customers, including the sale of goods or services, costs, amounts paid and payable, and details of goods and services, on the Platform. Transaction Information may be send through   text message, WhatsApp, email, or other electronic mediums that would depend on the contact details on  provided on the Platform.

b)At the time of first Transaction Information with respect to a customer, GDS Construction shall inform such customer of its use of the Platform to record such Transaction Information and Transaction Information related to future transactions and seek such customer’s express consent in this regard and to:

(i)the enter creation of a profile of the customer on the Platform, which will require sharing such customer’s phone number and contact details with Us;

Your Responsibilities

a)The User represents and warrants that all information that is provided through or in relation to the Services is complete, true, and correct on the date of agreeing to these Terms and shall continue to be complete, true, and correct while the User avails the Services. Should any information that the User provides change during the existence of these Terms, the User undertakes to immediately bring such change to Our notice. We do not accept any responsibility or liability for any loss or damage the User may suffer or incur if any information, documentation, material, or data provided to avail the Services is incorrect, incomplete, inaccurate, or misleading, or if the User fails to disclose any material fact.

b)The User shall be solely responsible for ensuring compliance with applicable laws, and shall be solely liable for any liability that may arise due to a breach of its obligations in this regard.

c)The User shall extend all cooperation to Us in its defence of any proceedings that may be initiated against it due to a breach of the Users obligations or covenants under these Terms.

d)While We use commercially reasonable efforts to provide Users with a daily backup of their Transaction Information, Users should regularly and independently save, backup, and archive such Transaction Information.

e)The User shall not use the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, the User may not:

(i).Any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets, of any party;

(ii).except as may be provided hereunder, copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create any derivative works from, or license the Services;

 (iii).violate applicable laws in any manner

Our Intellectual Property

a)All rights, interest  titles in and to the Platform and Services, including all intellectual property rights arising out of the Platform and Services, are owned by  GDS CONSTRUTION. Subject to compliance with these Terms, We grant the User a non-exclusive, non-transferable, non-sub licensable, royalty free, revocable, and limited license to use the Platform and Services in accordance with these Terms and its written instructions issued from time to time.

b)Request Users to submit suggestions and feedback, including bug reports, relating to the Platform or Services from time to time (“Feedback”). We may freely use, copy, disclose, publish, display, distribute, and exploit the Feedback without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of the Userʼs intellectual property rights.

Term & Termination

a)These Terms shall remain in effect unless terminated in accordance with the terms hereunder.

b)We terminate a customer access to or use of the Services, or any portion thereof, immediately and at any point, at its sole discretion if the User violates or breaches any of its obligations, responsibilities, or covenants under these Terms.

c)Upon termination under Clause (b):

(i).the Services will “time-out”;

(ii).the Customer shall not be eligible to avail any features of the Services; and

(iii).these Terms shall terminate, except for those clauses that expressly or are intended to survive termination or expiry.

d)Notwithstanding anything to the contrary contained in the Terms, upon termination of a Customer  access to or use of the Services, all amounts or outstanding monies due by you in relation to your use of or access to the Services shall become immediately payable.

Disclaimers and Warranties

a)The use of the Services is at your sole risk.

b)GDS CONSTRUTION does not sponsor, endorse, recommend or approve of any SP who offers products or services through the Services. While we try to confirm that SPs meet certain requirements, we cannot and do not represent or warrant that any SP is licensed, qualified, bonded, insured or capable of performing any service. Reference to any products, services or other information by trademark, manufacturer, supplier or otherwise does not constitute or imply an endorsement, sponsorship or recommendation by us.

c)All non-GDS CONSTRUTION trademarks, product names and logos appearing on our Services are property of their respective owners. Any estimate provided in connection with the Services is only a guide, it is not a guarantee of the actual cost of your specific project. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are between you and such organizations and/or individuals.

d)You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that 9 shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you agree that GDS CONSTRUTION is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release GDS CONSTRUTION, its affiliates, and their respective officers, directors, employees, agents, advertisers, shareholders, licensors, licensees and suppliers from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You acknowledge and agree that this waiver is an essential and material term of these Terms, and that without such waiver, these Terms would not have been entered into by GDS CONSTRUTION.

e)We are merely a technology platform service provider.

f)To the extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis. We do not warrant that operation of the Services will be uninterrupted or error free or that the functions contained in the Services will meet your requirements.

g)To the fullest extent permissible under applicable law, We expressly disclaim all warranties of any kind, express or implied, arising out of the Services, including warranties of merchantability, fitness for a particular purpose, satisfactory 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 of trade.

h)You hereby accept full responsibility for any consequences that may arise from your use of the Services, and expressly agree and acknowledge that We shall have absolutely no liability with respect to the same.

To the fullest extent permissible by law, GDS CONSTRUTION, its affiliates, and its related parties each disclaim all liability to you for any loss or damage arising out of or due to:

(i).your use of, inability to use, or availability or unavailability of the Services, including any third party services;

(ii).the occurrence or existence of any defect, interruption, or delays in the operation or transmission of information to, from, or through the Services, communications failure, theft, destruction or unauthorised access to Our records, programmes, services, server, or other infrastructure relating to the Services; or

(iii).the failure of the Services to remain operational for any period of time.

10.Indemnity

You shall indemnify, defend at Our option, and hold Us, our parent companies, subsidiaries, affiliates, and their officers, associates successors, assigns, licensors, employees, directors, agents, and representatives, harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages and costs (including, without limitation, from all damages, liabilities, settlements, costs and attorneysʼ fees) due to or arising out of your access to the Services, use of the Services, violation of these Terms or any infringement by any third party who may use your account with Us, of these Terms.

11.Limitation of Liability

Notwithstanding anything to the contrary contained herein, neither GDS CONSTRUTION nor any of its affiliates or related parties shall have any liability to you or any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under, directly or indirectly, or relating, in any manner whatsoever, to these Terms or the Services. To the maximum extent permitted by law, you agree to waive, release, discharge, and hold harmless GDS CONSTRUTION, its affiliates and subsidiary companies, its parent companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of the Services.

12.Consent To Use Data

a)You agree that We may in accordance with Our Privacy Policy collect and use your information and technical data and related information.

b)We may use information and data pertaining to your use of the Services for analytics, trends identification, and purposes of statistics to further enhance the effectiveness and efficiency of the Platform.

c)Subject to applicable laws, We may be directed by law enforcement agencies or the government and related bodies to disclose data in relation to Users in connection with criminal proceedings. You understand and agree that in such instances, We shall have the right to share such data with relevant agencies or bodies.

13.Modification

GDS CONSTRUTION reserves the right at any time to add, modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without cause. We shall not be liable for any such addition, modification, suspension or discontinuation of the Services.

14.Compliance With Applicable Laws And Regulations

Compliance with Applicable Laws and Regulations – You agree to comply with all central, state, and local laws, rules, and regulations related to or connected with use of the Services, and you assume all liability and responsibility for your use of the Services. If GDS CONSTRUTION reasonably determines that you are not in compliance with applicable laws in your use of the Services, we reserve the right to immediately suspend or terminate your use of the Services, and you will be solely responsible for any penalties and other sanctions for legal noncompliance.

Possible Suspension or Termination of Service for Non-Compliance – If, for any reason, GDS CONSTRUTION reasonably believes that your use of the Services is violating central, state, and/or local rules or regulations, or is harassing to consumers or businesses, GDS CONSTRUTION may suspend its Service to prevent further calling of those numbers through its Service. In addition, GDS CONSTRUTION may review your Service settings.

15.Jurisdiction, Governing Laws, And Dispute Resolution

a)These Terms shall be governed by and construed and enforced in accordance with the laws of India. Subject to other provisions in this Clause, courts in Bangalore shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Services.

b)Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in Bangalore 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 appointed by GDS CONSTRUTION. The language of the arbitration shall be English.

c)The parties to the arbitration shall keep the arbitration confidential and not disclose to any person, other than on a need to 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 hereto.

d)Each party to the arbitration shall bear its own costs with respect to any dispute.

16.Miscellaneous Provisions

a)Modification – GDS Construction reserves the right at any time to modify these Terms and to add new or additional terms or conditions on use of the Services. Such modifications and additional terms and conditions will be communicated to you and, unless expressly rejected (in which these Terms shall terminate), will be effective immediately and will be incorporated into these Terms. In the event you refuse to accept such changes, these Terms will terminate.

b)Severability – If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be 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 clause, in which case the entirety of the relevant provision will be deemed to be deleted).

d)Notices – All notices, requests, demands, and determinations for GDS Construction under these Terms (other than routine operational. If you have questions on these Terms, please contact us by email at info@gdsconstrutions.com.

e)Third Party Rights – No third party shall have any rights to enforce any terms contained herein.

f)Translations -GDS Construction will not be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that was beyond it’s reasonable control.

g)Force Majeure – No third party shall have any rights to enforce any terms contained herein.

h)Entire Agreement – These Terms constitute the entire agreement between You and Us concerning the Services and supersede all prior or contemporaneous communications of any kind between You and GDS Construction with respect to the Services.

i)Waiver – No waiver of any

provision of these Terms shall be deemed a further or continuing waiver of such term or any other term.

k)Your use of the website and app will be governed by this terms of use in addition to the privacy policy.

m).Confidentiality: You shall maintain confidentiality in relation to all information and agree to not disclose the same unless required by law. you hereby also authorize us to contact you with offers through e-mails, calls, short messaging services (SMS) or any other mediums for any campaigns, promotional or like activities. you hereby agree that such methods of contact as provided herein do not classify as an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (“TRAI”). you agree to indemnify us, along with Our directors and employees against all types of losses and damages incurred by them due to any action taken by TRAI or any other authority due to any erroneous compliant raised by you in this regard.

n)Warranties:  5 year warranty wherever described is the warranty that in  the construction  provides against structural defects and is further governed by the terms and conditions provided in the specific separate Master Agreements entered into by the us for the specific purpose of construction.

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