These Terms and Conditions (“Terms”) govern access to and use of the website located at https://dabuildersltd.pro (the “Website”). By accessing or using the Website, the user agrees to be bound by these Terms and by all applicable laws of the Republic of Kazakhstan and other relevant jurisdictions.
If the user does not agree with any part of these Terms, the user must stop using the Website immediately.
Parties and contact details
The Website is operated for the benefit of DA BUILDERS LTD (“Company”, “we”, “us”, “our”), a company engaged in construction-related services.
For any questions regarding these Terms or the Website, users may contact the Company using the contact details specified in the “Contacts” section of the Website and in the Privacy Policy.
Description of services
The Website provides information about construction, renovation and related services offered by or through DA BUILDERS LTD, as well as a contact form for enquiries and project discussions.
All information on the Website is for general information and marketing purposes only and does not constitute a binding offer or professional advice unless expressly stated otherwise.
Eligibility and user obligations
By using the Website, the user confirms that the user: (a) has legal capacity under the laws of the user’s country of residence, and (b) uses the Website in compliance with applicable law, including the legislation of the Republic of Kazakhstan on online platforms and online advertising if the user is located in Kazakhstan.
The user agrees:
Not to post, transmit or otherwise distribute any unlawful, harmful, defamatory, misleading, offensive or infringing content.
Not to attempt to gain unauthorised access to the Website, its servers or related systems.
Not to interfere with the normal operation of the Website, including through automated tools or scripts, except as permitted by law.
Information on the Website and disclaimers
The Company endeavours to ensure that information on the Website is accurate and up to date; however, no representation or warranty is given that such information is complete, accurate or suitable for any particular purpose.
The user uses the Website and relies on any information at the user’s own risk, and the Company disclaims any liability for losses or damages arising from reliance on Website content, to the fullest extent permitted by applicable law.
No immediate contract through the Website
Submitting a request through any contact form, email or other communication channel available on the Website does not in itself create a contract between the user and the Company.
Any contractual relationship, including scope of work, pricing, timelines and other conditions, shall be governed by a separate written agreement (contract, proposal, order form, etc.) agreed and signed (including electronically) by the parties.
User-generated content
If the Website allows users to submit, upload or otherwise provide text, files or other materials (for example, project descriptions or documents), the user is solely responsible for such content and must ensure that:
The content is lawful and does not infringe any third-party rights (including copyrights, trademarks, privacy or other rights).
The user has all necessary rights and permissions to share such content with the Company.
By submitting content, the user grants the Company a non-exclusive, worldwide, royalty-free licence to use such content for the purposes of evaluating the user’s enquiry, providing services and maintaining records, for the period reasonably necessary to achieve these purposes.
Intellectual property
All intellectual property rights in the Website and its content (including text, design, layout, graphics, photos, logos and other materials) belong to the Company or are used under licence.
The user may view, download and print materials from the Website solely for personal or internal business use related to evaluating or ordering the Company’s services, and may not copy, modify, distribute, publish, sell or exploit Website content for any other purposes without prior written consent of the Company.
Links to third-party sites
The Website may contain links to third-party websites or resources that are not controlled by the Company.
The Company is not responsible for the content, security, privacy practices or availability of such third-party websites and does not endorse or assume any liability for them; the user accesses such websites at the user’s own risk.
Personal data and privacy
Processing of personal data collected through the Website (including contact forms and technical logs) is governed by the Privacy Policy published on https://dabuildersltd.pro.
By using the Website or providing personal data, the user acknowledges and agrees to the processing of personal data as described in the Privacy Policy, including processing under the legislation of the Republic of Kazakhstan where applicable.
Online platforms and Kazakhstan law
If the Website falls within the scope of the Law of the Republic of Kazakhstan “On online platforms and online advertising”, the user and the Company undertake to comply with the requirements of this law, including obligations related to authenticity of content, prohibition of illegal content and respect for the rights of users who are citizens of Kazakhstan.
The Company may implement additional technical and organisational measures on the Website to comply with the requirements for online platforms and online advertising established by the laws of Kazakhstan.
Liability and limitation of liability
To the maximum extent permitted by applicable law, the Company shall not be liable for:
Any indirect, incidental, consequential or punitive damages, including loss of profit, data or business opportunities, arising from the use of or inability to use the Website.
Any actions or omissions of third parties, including hosting providers, internet service providers and other intermediaries.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law (for example, liability in cases expressly provided for by the legislation of the Republic of Kazakhstan).
Indemnity
The user agrees to indemnify and hold harmless the Company, its officers, employees and partners from and against all claims, losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or in connection with the user’s breach of these Terms or violation of applicable law in connection with use of the Website.
This indemnity obligation survives termination of the user’s use of the Website.
Suspension and termination
The Company may, at its sole discretion and without prior notice, restrict, suspend or terminate access to the Website or to certain functionalities if the user breaches these Terms or if such measures are required by law, by a competent authority or for security reasons.
The Company may also modify or discontinue any part of the Website at any time, temporarily or permanently, without any obligation to notify users except where required by applicable legislation.
Changes to these Terms
The Company may update these Terms from time to time to reflect changes in legislation, business practices or technical developments.
The updated version of the Terms will be published on https://dabuildersltd.pro with an indication of the date of the latest revision, and continued use of the Website after such publication will constitute acceptance of the updated Terms.
Governing law and dispute resolution
These Terms and any disputes arising out of or in connection with the use of the Website shall be governed by and construed in accordance with the substantive law of the Republic of Kazakhstan, unless otherwise expressly agreed in a separate written agreement between the user and the Company.
Any disputes that cannot be resolved through negotiations shall be submitted to the competent courts or other dispute resolution bodies in accordance with the applicable procedural legislation of the Republic of Kazakhstan, unless another forum is agreed by the parties in writing.
Final provisions
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be applied to the extent possible and the remaining provisions shall remain in full force and effect.