Terms of Use
B. Terms of Use:
These Terms govern your access to and use of the GMS Platform. By creating an account or using the Platform, you agree to these Terms.
1. Definitions
1.1 “Platform” — the GMS website and applications and related services.
1.2 “PMCA” — a property-management company or association that subscribes to GMS.
1.3 “Landlord”, “Tenant” — users in those roles. “Super Admin” — the GMS operator’s administrator.
1.4 “Subscription” — a paid plan (Starter, Pro or Enterprise) enabling a PMCA to use the Platform within stated limits.
2. Eligibility and accounts
You must provide accurate registration and KYC information and keep it up to date. You are responsible for activity under your account and for keeping your credentials secure. We may require identity verification before enabling certain features.
3. What the Platform does — and does not do
GMS is a software tool that helps record and manage properties, tenancies, agreements, payments and related communications. GMS is not a party to any tenancy or agreement between users, is not a landlord, agent, or legal adviser, and does not guarantee any outcome between users.
4. Payments between users
GMS records payments; it does not process or hold money. Rent and service-charge payments are made directly between the relevant users (tenant, landlord, PMCA) outside the Platform. GMS only records that a payment was declared and confirmed and issues a receipt record. GMS is not a payment service provider and is not responsible for the actual transfer, success, failure or reversal of any payment between users.
5. Subscriptions, fees and activation
5.1 Subscriptions are offered to PMCAs in tiers (Starter / Pro / Enterprise) with limits on the number of properties, units and administrator accounts.
5.2 Payment is currently made by manual proof of payment (e.g. bKash or bank transfer). Access is activated by the Super Admin after the proof is verified. Fees and plan limits are as published at https://ghorduar.com/pricing.php; cancellation and refunds are as set out in clauses 5.4 and 5.5.
5.3 We may change fees or plan limits on reasonable notice. Continued use after a change constitutes acceptance.
5.4 Cancellation. Subscriptions do not renew automatically: a new period starts only when the PMCA pays for it. A PMCA may cancel a subscription at any time by writing to support@ghorduar.com. Access continues until the end of the period already paid for; GMS does not stop access early. If the PMCA instead asks GMS to suspend its account, access is suspended from the date of that request.
5.5 Refunds. Subscription fees are non-refundable once the subscription has been activated, including for unused time in a period and where a subscription is cancelled or an account is suspended at the PMCA’s request. A payment made in error, made twice, or for a subscription that GMS did not activate will be refunded in full, through the same payment method, within 14 days of a request to support@ghorduar.com.
5.6 Trial. A free trial, where offered, requires no payment and ends automatically; nothing is charged unless the PMCA chooses and pays for a plan.
6. Acceptable use
You agree not to misuse the Platform, including: uploading unlawful, false or infringing content; accessing data you are not authorised to see; attempting to breach security; or using the Platform to harass others or violate any person’s rights or applicable law.
7. Your content and data
You retain ownership of the data you submit. You grant GMS the rights needed to host, process and display that data to operate the Platform and provide the service to you and the other authorised parties in your relationships. You are responsible for the accuracy and lawfulness of the data you enter, including data about other people.
8. Identity verification and police reports
Where you use KYC and police-verification features, you confirm that you have a lawful basis to collect and submit the relevant information and that it is accurate. You are responsible for how you use any report generated.
Identity documents can be viewed on screen only by the reviewer and GMS system administrators. They cannot be downloaded, and every view is watermarked with the GMS ID and name of the person viewing. You must not photograph, screenshot or otherwise copy another person’s identity documents; any copy can be traced to the viewer, and misuse is a breach of these Terms. Once the KYC submission is approved, the document images are closed and no longer displayed; how long they are kept is set out in the Privacy Policy.
9. Electronic records and signatures
You agree that agreements, amendments, approvals and reports executed within the Platform may be created and signed electronically and that these electronic records are valid and binding.
10. Intellectual property
The Platform, its software, design and content (excluding your data) are owned by GMS or its licensors and are protected by law. We grant you a limited, non-exclusive, non-transferable right to use the Platform during your subscription.
11. Disclaimers
The Platform is provided “as is” and “as available”. To the extent permitted by law, we disclaim implied warranties and do not warrant that the Platform will be uninterrupted or error-free.
12. Security and limitation of liability
12.1 Utshahi Enterprises Limited protects the Platform with security measures appropriate to the data it holds, including encrypted connections (HTTPS), one-way hashed passwords, role-based access controls enforced on the server, protection against cross-site request forgery, watermarking of identity documents with the viewer’s identity, and audit logging of sensitive actions.
12.2 No system connected to the internet can be made completely secure. To the maximum extent permitted by law, Utshahi Enterprises Limited is not liable for any loss or damage arising from unauthorised access to, or alteration, disclosure or loss of, data caused by the criminal acts of third parties (such as hacking or malicious attacks) or by other events beyond its reasonable control, provided it has taken the security measures described in 12.1.
12.3 If such an incident affects your personal data, we will notify you and the relevant authority as required by law, and take reasonable steps to contain it.
12.4 To the maximum extent permitted by law, Utshahi Enterprises Limited is not liable for indirect or consequential losses, and its total liability to you in connection with the Platform is limited to the subscription fees you paid to it in the 12 months before the claim arose. Nothing in these Terms limits liability that cannot be limited by law.
13. Indemnity
13.1 You agree to indemnify, defend and hold harmless Utshahi Enterprises Limited and its directors, employees and agents from and against any claim, demand, loss, damage, liability, penalty, cost or expense (including reasonable legal fees) arising out of or in connection with:
(a) your use of the Platform, or use of your account by anyone you allow to use it;
(b) the data and documents you enter or upload, including personal data about other people, and its accuracy and lawfulness;
(c) your tenancies, Rental Deeds, payments, police reports, listings, visitors and other dealings with other users or third parties, which are solely between you and them;
(d) your breach of these Terms or of any applicable law; or
(e) your infringement of any third party’s rights, including privacy and intellectual property rights.
13.2 This indemnity does not apply to the extent a claim is caused by Utshahi Enterprises Limited’s own breach of these Terms or its negligence.
13.3 We will tell you promptly of any claim covered by this clause. You must cooperate with us in its defence and must not settle it in a way that admits fault on our behalf without our written consent.
14. Suspension and termination
We may suspend or terminate access for breach of these Terms, non-payment, or where required by law. You may stop using the Platform at any time; certain provisions survive termination.
15. Governing law and disputes
These Terms are governed by the laws of Bangladesh. The courts of Dhaka, Bangladesh have jurisdiction, subject to any non-excludable rights you have under the Consumer Rights Protection Act 2009 or other applicable law.
16. Contact
Questions about these Terms: support@ghorduar.com.