Terms Of Use

This document is an electronic record in terms of the Information Technology Act, 2000, and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. Being generated by a computer system it does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, that require publishing the Rules and Regulations, Privacy Policy and Terms of Use for access or usage of the website.

Overview

Welcome to the website/app (“Site”). This Site is operated by GDX Tech, a vertical of GDX Facility and Management Services Private Limited. Hence, all the rights, benefits, liabilities and obligations under the following Terms of Use shall accrue to GDX Facility and Management Services Private Limited. Throughout the website, the terms “we”, “us” and “our” refer to GDX Tech, operated under the legal entity GDX Facility and Management Services Private Limited.

Your use of this Site, including all information, tools, products and/or services available on this Site, is governed by these Terms of Use. Please take a few minutes to review all the terms, conditions, policies and notices stated hereunder.

The Terms of Use (as may be amended from time to time) is a legal contract between you, an individual visitor, customer, user, of at least 18 years of age, and GDX Facility and Management Services Private Limited. By visiting our Site and/or availing any service from us and/or purchasing any product(s) from us, you engage in our “Service” and agree to be bound by the following Terms of Use, including those additional Terms of Use and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the Site, including without limitation, users who are visitors, customers, users, and/or contributors of content, if any.

Please read these Terms of Use carefully before accessing or using our Site. Your use of any part of the Site or its services constitutes your agreement to be bound by these Terms of Use. Any new features or tools or products or services that are added to the current Site shall also be subject to the Terms of Use.

If you do not agree to any of these Terms of Use, do not use the Site.

GDX Tech reserves the right to modify these Terms of Use at any time without prior notice. To determine when these Terms of Use were last modified, refer to the 'Last Updated on' date above. Your use of the Site following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed. For this reason, we encourage you to review these Terms of Use periodically.

SECTION 1: GENERAL CONDITIONS

The Site is for the sole use of individuals and entities wishing to avail services and/or otherwise engage in transactions involving the services available on the Site and/or to otherwise transact business with or contact GDX Tech.

By agreeing to these Terms of Use, you represent: that you are at least 18 years old and eligible by law to enter into a binding contract; that you have not been disqualified by GDX Tech/Site for any reason whatsoever; and that you have not been barred under the laws applicable in India from receiving the services from the Site. GDX Tech reserves the right to refuse the Service to anyone for any reason at any time.

You may not use the Site for any illegal or unauthorized purpose, nor may you in the use of our services violate any laws in your jurisdiction (including but not limited to copyright laws/intellectual property rights). You must not transmit any malicious content or code of a destructive nature. A breach or violation of any of the Terms of Use will result in an immediate termination of your access to our Site and its services.

SECTION 2: USER SECURITY AND CONDUCT

This Site may require you to submit some personal information by registering as a user to make certain services available to you. Your submission of such personal information through the Site is governed by our Privacy Policy. You understand that your personal information (not including credit card/debit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card/debit card information is always encrypted during transfer over networks. Users who prefer not to furnish personal information may have restricted access to the Service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion/content of the Site, use of the Service, access to the Service or any contact on the Site through which the Service is provided, without the express written permission of GDX Tech.

By registering as a user and creating an account you are responsible for maintaining the confidentiality of the account information and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account information or any other breach of security. GDX Tech cannot and will not be liable for any loss or damage arising from your failure to comply with the terms of this section.

You may be held liable for any losses incurred by GDX Tech, any other account holder or any other user of the Site due to authorized or unauthorized use of your account as a result of your failure to keep your account information secure and confidential.

You agree that you will not engage in any activity that, in our judgement, interferes with or disrupts the Service, the servers and networks that are connected to the Service, or the activities of others on the Site; use this site to collect or harvest personal information about other participants on this site; electronically “stalk” or otherwise harass another user; set up additional account(s) to be used for deceptive purposes; and/or use the services or links available on this site for illegal purposes.

By using this Site and/or sending email, other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically as and when required. We may communicate with you by email or any other mode of communication, electronic or otherwise.

SECTION 3: ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be content on the Site or in the Service that contains technical, typographical or photographic errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers, transit times and availability. GDX Tech does not warrant that any of the materials on the Site are accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.

No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated. You agree that it is your responsibility to monitor any changes to our Site.

SECTION 4: MODIFICATIONS TO THE SERVICE AND COST

The cost of our services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, cost change, suspension or discontinuance of the Service.

SECTION 5: ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete and accurate purchase and account information for all purchases made on our Site. You agree to promptly update your account and other information, including your email address and credit card numbers/debit card numbers/bank account details and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 6: PAYMENT

While using any of the payment methods available on the Site, GDX Tech will not be responsible or assume any liability whatsoever in respect of loss or damage arising directly or indirectly to you due to (a) lack of authorisation for any transaction(s); (b) exceeding the preset limit mutually agreed upon by you and your bank(s); (c) any payment issues arising from any transaction; or (d) decline of the transaction for any other reason(s) whatsoever.

You understand, accept and agree that the payment facility provided on the Site is neither a banking nor financial service, but is merely an automated online electronic payment facility for transactions on the Site and uses existing authorised online banking infrastructure and credit/debit card payment gateway networks.

All payments made by you for purchases on the Site must be in Indian rupees and acceptable in the Republic of India. We will not facilitate any transaction in any other currency for purchases made on the Site.

GDX Tech reserves the right to issue a warning, suspend or terminate your use of the Service in case of non-payment for purchases. We also reserve the right to take legal action in case of non-payment for purchase of services.

We also reserve the right to delay notifying payment confirmation if we deem a buyer’s transaction to be suspicious. This is to ensure the safety of the transaction and payment.

SECTION 7: THIRD-PARTY LINKS

This Site may contain links to websites owned and operated by third parties. These third-party links are provided for your information only and are not an endorsement by GDX Tech of such third parties or the content of third-party websites.

GDX Tech has no control over any linked third-party website and is not responsible for any information, products or services on these websites. We make no warranties or representations, express or implied, about such linked third-party websites, the third parties they are owned and operated by, the information contained on them, or the suitability or quality of any of their products or services.

If you decide to access any third-party websites, make use of the information contained on them and/or enter into any contract for the supply of goods or services from such a third party, you do so entirely at your own risk. We accept no liability for any damage or loss, howsoever caused, in connection with the use of or reliance on information, material, products or services contained on or accessed through any such linked third-party websites.

Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Any complaints, claims, concerns or questions regarding such linked third-party websites, their information, products or services should be directed to the third party.

SECTION 8: USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

All comments, feedback, suggestions, reviews, ideas and other submissions disclosed, submitted or offered to GDX Tech on the Site, or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, 'Comments') shall be and remain the property of GDX Tech. Such disclosure, submission or offer of any Comments shall constitute an assignment to GDX Tech of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we will own exclusively all such rights, titles and interests and shall not be limited in any way in the use, commercial or otherwise, of any Comments. GDX Tech is and shall be under no obligation to (1) maintain any Comments in confidence; (2) pay a user compensation for any Comments; or (3) respond to any Comments.

We may, but have no obligation to, monitor, edit or remove content that we determine at our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable to these Terms of Use.

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right(s). You further agree that your Comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are and shall remain solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party.

SECTION 9: PROHIBITED USES

In addition to other prohibitions set forth in the Terms of Use, you are prohibited from using the Site or its content (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, central, state or local regulations, rules, laws or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way to affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

SECTION 10: DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service, or any part thereof, at any time, without notice to you.

In no case shall GDX Tech/GDX Facility and Management Services Private Limited, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services availed using the Service, or for any other claim related in any way to your use of the Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content posted, transmitted or otherwise made available via the Service, even if advised of their possibility.

In jurisdictions that do not allow the exclusion or the limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.

SECTION 11: INDEMNIFICATION

You agree to indemnify, defend and hold GDX Tech/GDX Facility and Management Services private Limited and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 12: SEVERABILITY

Please note that in accordance with the Information Technology (Intermediaries Guidelines) Rules, 2011, failure to comply with the Terms of Use and/or any policies contained or referred to herein for access or usage of an intermediary computer resource, the intermediary has the right to immediately terminate the access or usage rights of the user(s) to the computer resource of the intermediary and remove non-compliant information. This right is in addition to all other rights and remedies available to us either under this Terms of Use or any policy contained herein, in any applicable law or under torts.

You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000, and rules thereunder as applicable and as amended from time to time, and also all applicable laws, rules and regulations regarding your use of our Service.

Any part, provision, representation or warranty of this Agreement which is prohibited or which is held to be void or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof.

SECTION 13: TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Service or when you cease using our Site.

If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we may deny you access to our Site (or any part thereof).

SECTION 14: ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).

Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

SECTION 15: GOVERNING LAW & DISPUTE RESOLUTION

These Terms of Use and any separate agreement whereby we provide you services/products shall be governed by and construed in accordance with the laws of the Republic of India. You agree that all claims, differences and disputes arising under or in connection with or in relation to the Site, the Terms of Use or any transactions entered into on or through the Site or the relationship between you and GDX Tech shall be subject to the exclusive jurisdiction of the courts at New Delhi, India, and you hereby accede to and accept the jurisdiction of such courts.

SECTION 16: CONTACT INFORMATION

Any queries regarding the use of the Site or regarding availing of the Services shall be directed at email ID: contactus@gdxtech.net or call our customer care number +91-844-899-8755.

SECTION 17: GRIEVANCE OFFICER

In accordance with the Information Technology Act, 2000, and rules made thereunder, the name and contact details of the Grievance Officer, who can be contacted with respect to any complaints or concerns, are provided below:

GDX Tech

19-20, Jask Tower, 1st Floor, Sector - 125, Noida - 201301, Uttar Pradesh, India

[Insert Name]

Ph: +91-844-899-8755

Time: Mon-Fri (10.00 am to 6.00 pm)

Email: contactus@gdxtech.net

Contact us:

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please email us on contactus@gdxtech.net or call our customer service number +91-844-899-8755.

[Last updated on: 16 June, 2023]