Goa Bricks | Home Construction Company

Services

a) Goa Bricks associates customers and service providers of all categories. We assist customers discover and select a service based on characteristics that matter most to them. b) Goa Bricks will act as a developer and assist the customer to get the project completed as per the agreement. Once the contract is signed, a copy is submitted to Goa Bricks and the project has commenced, Goa Bricks will provide services on tracking the phases and development of the project. c) Building materials are supplied to registered businesses (B2B) only. d) Individual customers (B2C) or end consumers can't purchase construction materials with Goa Bricks Building material supply team e) There are pre-specified timelines for the SCM team to execute a particular material category f) Invoice will be directly raised by Goa Bricks to the business within 48 hours of delivery g) Goa Bricks will share leads of customer enquiring for assistance in plot-to-plot developers for a fixed commission fee. Goa Bricks in no way will be involved in negotiating the price of the parcel of land being bought or discussed by the customer i) Package rates are subject to build up area and number of floors

Accessing and Using Our Site and Services

Commencing Service - You agree that any information you provide in creating your account is complete and accurate, and you agree to keep it up to date. For example, we provide some notices by email to your account, and you agree to keep that email current and valid as a method for providing notices under these Terms. Restrictions - You will not nor will You allow any third party to: modify, copy, or otherwise reproduce the Services in whole or in part; reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code form or structure of the software used in the Services; provide, lease or lend the Services to any third party; remove any proprietary notices or labels displayed on the Services; modify or create a derivative work of any part of the Services; or use the Services for any unlawful purpose or contrary to these Terms. You will (1) ensure that Your Customers comply with these Terms; (2) use commercially reasonable efforts to prevent unauthorized access to or use of the Services; and (3) use the Services only in accordance with the Customer Guide and applicable laws and government regulations. (4) With respect to supply of building material, you confirm that you are a business compliant with applicable law, and not an individual Charges - You should confirm Charges each time you request products or services. Applicable tax will be added to all Charges where required by law. Payment - Payments for charges are immediately due upon provision/start of applicable products and services. Payments are final and non-refundable and at discretion of Goa Bricks.

Provision of Services

Technical Support - As part of our Services, we will make our standard technical support available to you.

Service Cancellation Policy

Please check our service cancellation policy attached in the registration agreement.

Account Information

a) Goa Bricks 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 (such information is referred to as “Transaction Information”). Transaction Information may be exchanged between service providers and customer through telephonic calls, text message, WhatsApp, email, or other electronic mediums that would depend on the contact details of SPs and customers provided on the Platform. b) At the time of creating or uploading the first Transaction Information with respect to a customer, Goa Bricks 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 creation of a profile of the customer on the Platform, which will require sharing such customer’s phone number and contact details with Us; (ii) share such Transaction Information with Us and third parties to improve Our Services; (iii) Receive communications from Us regarding: (A) information relating to their transactions recorded on the Platform; (B) requests for payment; (C) information about Us and the Services; (D) promotional offers and services from Us and its third-party partners, and (E) any other matter in relation to the Services. (c) Should the customer fail to provide consent, or withdraw consent, shall immediately cease to use the Services in relation to that customer.

Your Responsibilities

a) The Customer 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 Customer avails the Services. Should any information that the Customer provides change during the existence of these Terms, the Customer undertakes to immediately bring such change to Our notice. We do not accept any responsibility or liability for any loss or damage the Customer 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 Customer fails to disclose any material fact. b) The Customer 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 Customer shall extend all cooperation to us in its defence of any proceedings that may be initiated against it due to a breach of the Customers obligations or covenants under these Terms. d) While We use commercially reasonable efforts to provide Customers with a daily backup of their Transaction Information, Customers should regularly and independently save, backup, and archive such Transaction Information. e) The Customer shall not use the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, the Customer may not: (i). infringe 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). use the Services to transmit any data or send or upload any material that contains viruses, Trojan horses, worms, timebombs, keystroke loggers, spyware, adware, or any other harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware (iv). use any robot, spider, other automated device, or manual process to monitor or copy the Platform or Services or any portion thereof; (v). engage in the systematic retrieval of content from the Platform or Services to create or compile, directly or indirectly, a collection, compilation, database or directory; (vi). use the Services in (A) any unlawful manner, (B) for fraudulent or malicious activities, or (C) in any manner inconsistent with these Terms; or (vii). violate applicable laws in any manner

Term & Termination

a) These Terms shall remain in effect unless terminated in accordance with the terms hereunder. b) We may terminate a Customerʼs access to or use of the Services, or any portion thereof, immediately and at any point, at its sole discretion if the Customer violates or breaches any of its obligations, responsibilities, or covenants under these Terms. c) Upon termination under Clause 8(b): the Services will “time-out”; the Customer shall not be eligible to avail any features of the Services; and these Terms shall terminate, except for those clauses that expressly or are intended to survive termination or expiry. Notwithstanding anything to the contrary contained in the Terms, upon termination of a Customerʼs 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

The use of the Services is at your sole risk. Goa Bricks does not sponsor, endorse, recommend or approve of any service provider who offers products or services through the Services. While we try to confirm that they meet certain requirements, we cannot and do not represent or warrant that any service provider is licensed, qualified, bonded, insured or capable of performing any service. Reference to any products, services or other information by trademark, manufacturer, and supplier or otherwise does not constitute or imply an endorsement, sponsorship or recommendation by us. All non-Goa Bricks 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. 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 Goa Bricks 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 Customers and any third party, you agree that Goa Bricks is under no obligation to become involved. 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 Goa Bricks. 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. 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. Fully permissible by law, Goa Bricks, its affiliates, and its related parties each disclaim all liability to you for any loss or damage arising out of or due to: your use of, inability to use, or availability or unavailability of the Services, including any third party services; 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 unauthorized access to Our records, programs, services, server, or other infrastructure relating to the Services; or the failure of the Services to remain operational for any period of time.

Limitation of Liability

Notwithstanding anything to the contrary contained herein, neither Goa Bricks 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 Goa Bricks, 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.

Concent To Use Data

You agree that We may in accordance with Our Privacy Policy collect and use your information and technical data and related information. We may use information and data pertaining to your use of the Services for analytics, trendsʼ identification, and purposes of statistics to enhance the effectiveness and efficiency of the Platform. Subject to applicable laws, We may be directed by law enforcement agencies or the government and related bodies to disclose data in relation to Customers 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.

Modification

Goa Bricks 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.

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 Goa Bricks 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, Goa Bricks 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, Goa Bricks may suspend its Service to prevent further calling of those numbers through its Service. In addition, Goa Bricks may review your Service settings.

Jurisdiction, Governing Laws, And Dispute Resolution

These Terms shall be governed by, construed, and obligatory in accordance with the laws of India. Subject to other provisions in this Clause, courts in Goa shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Services. Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in Goa 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 Goa Bricks. The language of the arbitration shall be English. 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. Each party to the arbitration shall bear its own costs with respect to any dispute.

Miscellaneous Provisions

Modification - Goa Bricks 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. Assignment - You shall not license, sell, transfer or assign your rights, obligations, or covenants under these Terms in any manner without Our prior written consent. We may grant or withhold this consent in its sole discretion and subject to any conditions, it deems appropriate. We may assign its rights to any of its affiliates, subsidiaries, or parent companies, or to any successor in interest of any business associated with the Services without any prior notice to you. Third Party Rights - No third party shall have any rights to enforce any terms contained here. Translations - Goa Bricks 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. Force Majeure - No third party shall have any rights to enforce any terms contained herein. Entire Agreement - These Terms constitute the entire agreement between You and Goa Bricks concerning the Services and supersede all prior or contemporaneous communications of any kind between You and Goa Bricks with respect to the Services. Waiver - No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Goa Bricks's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Attorney Fees - If the Goa Bricks Parties take legal action against you as a result of your violation of these Terms, the Goa Bricks Parties will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to the Goa Bricks Parties. Your use of the contract will be governed by these terms of use in addition to the privacy policy. Confidentiality: You shall maintain confidentiality in relation to all information and agree a non-disclose of 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.