Terms of Use
Effective Date: January 11, 2025
Welcome to www.velkydeals.com(the "Website"). VelkyDeals ("we," "us," or "our") provides this Website to you subject to the following Terms of Use ("Terms"). By accessing or using the Website, you agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, please do not use the Website.
1. ELIGIBILITY
1.1 You must be at least 18 years old to use this Website. By using the Website, you represent and warrant that you are of legal age to form a binding contract. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
1.2 If you are accessing or using the Website on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms.
2. ACCOUNT REGISTRATION
2.1 To access certain features of the Website, you may need to create an account. You agree to provide accurate, complete, and up-to-date information during the registration process and to update such information to maintain its accuracy.
2.2 You are solely responsible for safeguarding your account credentials. You agree to notify us immediately of any unauthorized use of your account.
3. USE OF THE WEBSITE
3.1 You agree to use the Website only for lawful purposes and in compliance with all applicable laws, regulations, and these Terms.
3.2 Prohibited activities include but are not limited to:
- Misrepresenting your identity or affiliation with any person or entity.
- Engaging in fraudulent or deceptive activities.
- Uploading, posting, or transmitting harmful, offensive, or unlawful material.
- Attempting to interfere with the Website’s functionality or security.
3.3 We reserve the right to suspend or terminate your access to the Website for any violation of these Terms.
4. LISTINGS AND TRANSACTIONS
4.1 VelkyDeals confers with potential sellers to ensure the validity of the listings on the Website. However, VelkyDeals cannot guarantee whether a listing is suitable for a potential buyer, or whether any businesses listed on the Website will meet the performance expectations of a buyer. VelkyDeals is not responsible for the seller’s truthfulness regarding the existence, quality, accuracy, or completeness of any listing on the Website.
4.2 If you are a seller, VelkyDeals requires that you provide complete and accurate information about your business. VelkyDeals reserves the right to modify or remove your listing, in its sole discretion, if it believes any of the information is incomplete or inaccurate.
4.3 For each listing you provide, you represent and warrant to VelkyDeals that:
- You are the owner of the business, or are otherwise entitled to sell the business;
- You are the owner of all intellectual property rights associated with the business, or the authorized licensee of the same;
- The business may be legally transferable to a buyer; and
- Any accompanying agreements of the business with third parties are also transferable to the buyer.
4.4 Users are solely responsible for conducting due diligence before entering into any transaction. VelkyDeals is not liable for any disputes, losses, or damages arising from transactions between users.
5. FEES AND PAYMENTS
5.1 Certain features or services may require payment of fees. You agree to pay all applicable fees as described on the Website.
5.2 All payments are non-refundable unless explicitly stated otherwise.
6. INTELLECTUAL PROPERTY
6.1 All content, trademarks, logos, and other intellectual property displayed on the Website are owned by VelkyDeals or its licensors. You may not use, reproduce, or distribute any content without prior written permission.
6.2 You retain ownership of any content you submit to the Website, but you grant VelkyDeals a worldwide, non-exclusive, royalty-free license to use, display,and distribute such content for the purposes of operating and promoting the Website.
7. DISCLAIMER OF WARRANTIES
7.1 VelkyDeals cannot guarantee that the Website will be free of viruses, malware, or other destructive code. You are responsible for implementing security measures, including anti-virus protection and data backup protocols.
7.2 The Website, its content, and any services or items obtained through it are offered on an "as is" and "as available" basis without warranties of any kind.
7.3 Neither VelkyDeals nor any person associated with VelkyDeals makes any warranty or representation regarding the completeness, security, reliability, quality, accuracy, or availability of the Website. Without limiting the foregoing, VelkyDeals does not warrant that: (a)the Website or its content will be accurate, reliable, error-free, or uninterrupted;(b) defects or issues will be corrected;(c) the Website or the server that makes it available is free from viruses or other harmful components; or(d) the Website or any services or items obtained through it will meet your requirements or expectations.
7.4 VelkyDeals expressly disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
7.5 VelkyDeals will not be liable for any loss or damage caused by a distributed denial-of-service (DDoS) attack, viruses, or other technologically harmful material that may affect your computer equipment, software, data, or other proprietary material due to your use of the Website or any downloads from it.
7.6 The foregoing disclaimers do not affect any warranties that cannot be excluded or limited under applicable law.
8. LIMITATION OF LIABILITY
8.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VELKYDEALS, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, ANY LINKED WEBSITES, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES. THIS INCLUDES, BUT IS NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, SUCH AS LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF DATA, LOSS OF GOODWILL, PERSONAL INJURY, PAIN AND SUFFERING, OR EMOTIONAL DISTRESS, EVEN IF THE POSSIBILITY OF SUCH DAMAGES WAS FORESEEABLE.
8.2 THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY ASSERTED, INCLUDING TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE.
8.3 THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
9. INDEMNIFICATION CLAUSE
9.1 You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, service providers, and each of their respective officers, directors, employees, agents, contractors, licensors, suppliers, successors, and assigns from and against any claims, demands, liabilities, losses, damages, judgments, settlements, penalties, costs, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or relating to:
- Your breach of these Terms of Use;
- Your use of the Website, including, but not limited to, any User Contributions you submit, the use of the Website’s content, products,or services in ways not expressly authorized under these Terms of Use;
- Your use of any information obtained from the Website.
9.2 This indemnification obligation extends to any and all claims arising out of any unauthorized use or misuse of the Website,its services, or its content by you or anyone using your account.
10. GOVERNING LAW AND JURISDICTION
10.1 All matters relating to the Website and these Terms of Use, as well as any dispute or claim arising therefrom (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.
10.2 Any legal action, suit, or proceeding arising out of or related to these Terms of Use or the Website shall be exclusively brought in the courts located in [insert jurisdiction, e.g., New Delhi, Maharashtra] or any other court of competent jurisdiction in India. We retain the right to initiate any legal proceedings against you in your country of residence or any other relevant jurisdiction. You hereby consent to the jurisdiction and venue of such courts and waive any objections to the exercise of jurisdiction or the venue in such courts.
11. CHANGES TO THE TERMS OF USE
11.1 VelkyDeals reserves the right to revise, modify, or update these Terms of Use at any time and at its sole discretion. All amendments will become effective immediately upon their posting on the Website, unless otherwise specified.
11.2 By continuing to access or use the Website after the updated Terms of Use have been posted, you confirm your acceptance and agreement to the revised terms. If you do not agree to the changes, you must discontinue use of the Website immediately.
11.3 It is your responsibility to periodically review this page to stay informed of any updates or changes, as these Terms of Use are binding on you from the date of their effective publication.
12. MONITORING AND ENFORCEMENT; TERMINATION
12.1 VelkyDeals reserves the right to:
- Remove or refuse to post any User Contributions at our sole discretion and for any or no reason.
- Take any action we deem necessary or appropriate with respect to any User Contribution, including actions to ensure compliance with these Terms of Use and the Content Standards, to address infringements of intellectual property rights or other rights, or to mitigate threats to the personal safety of users or the public. This includes actions that could prevent or reduce potential liability for the Company.
- Disclose your identity or other relevant information to any third party who asserts that material posted by you infringes their rights, including intellectual property rights or privacy rights.
- Pursue appropriate legal action, including but not limited to, reporting to law enforcement, for any unauthorized or illegal use of the Website.
- Suspend or terminate your access to all or part of the Website for any or no reason, including without limitation, violations of these Terms of Use.
12.2 We reserve the right to fully cooperate with any law enforcement authorities or court orders that request or require us to disclose the identity or other information of individuals posting materials on or through the Website. YOU WAIVE AND AGREE TO HOLD HARMLESS VELKYDEALS, ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS ARISING FROM ACTIONS TAKEN DURING OR AS A RESULT OF SUCH INVESTIGATIONS, OR FROM ACTIONS TAKEN IN RESPONSE TO INVESTIGATIONS BY LAW ENFORCEMENT OR OTHER AUTHORITIES.
12.3 While we strive to monitor activity on the Website, we are not obligated to review all materials before they are posted and cannot guarantee prompt removal of objectionable content after it has been posted. As a result, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We bear no responsibility or liability for performance or non-performance of the activities outlined in this section.
13. CONTENT STANDARDS
13.1 These Content Standards apply to all User Contributions and the use of Interactive Services. All User Contributions must fully comply with applicable federal, state, local, and international laws and regulations. Without limitation, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe on any patent, trademark, trade secret, copyright, or other intellectual property rights of any person or entity.
- Violate the legal rights (including rights of publicity and privacy) of others or include any material that could lead to civil or criminal liability under applicable laws or regulations, or that otherwise conflicts with these Terms of Use or our Privacy Policy.
- Be likely to deceive any person.
- Promote illegal activity or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- Include commercial activities or sales, such as contests, sweepstakes, other sales promotions, barter, or advertising, without prior written consent.
- Give the impression that they originate from or are endorsed by VelkyDeals or any other person or entity if this is not the case.
14. COPYRIGHT INFRINGEMENT
14.1 If you believe that any User Contributions on the Website infringe upon your copyright, you are encouraged to promptly notify us by sending an email to support@velkydeals.com. Your notice should include sufficient details to enable us to identify and locate the allegedly infringing content and take appropriate action.
14.2 VelkyDeals has a policy of terminating, in appropriate circumstances, the accounts of users who are found to be repeat infringers of copyright or other intellectual property rights.
15. RELIANCE ON INFORMATION POSTED
15.1 The information presented on or through the Website is provided solely for general informational purposes. VelkyDeals makes no warranties regarding the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We expressly disclaim all liability and responsibility arising from any reliance placed on such materials by you, other visitors to the Website, or anyone informed of any of its contents.
15.2 This Website may include content provided by third parties, including materials from other users, bloggers, third-party licensors, syndicators, aggregators, and reporting services. All statements and opinions expressed in these materials, except those directly provided by VelkyDeals, are solely the opinions and responsibility of the individuals or entities offering those materials. Such materials do not necessarily reflect the views of VelkyDeals.
15.3 VelkyDeals is not responsible or liable to you or any third party for the content, accuracy, or any issues arising from materials provided by third parties.
16. CONTENT GUIDELINES
These guidelines apply to all User Contributions and any use of the Interactive Services on the Website. All User Contributions must fully comply with applicable international, national, state, and local laws and regulations. Additionally, User Contributions must not:
- Include content that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise deemed objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on factors such as race, gender, religion, nationality, disability, sexual orientation, or age.
- Violate any intellectual property rights, including but not limited to patents, trademarks, trade secrets, copyrights, or other proprietary rights.
- Breach the privacy or other legal rights of others, or include material that could lead to civil or criminal liability under applicable laws, or that otherwise contradicts these Terms of Use or our Privacy Policy.
- Contain content intended to deceive or mislead individuals.
- Advocate or encourage illegal activities or assist in any unlawful actions.
- Create unnecessary annoyance, distress, or disruption, or cause discomfort, embarrassment, alarm, or frustration to others.
- Impersonate any individual, or misrepresent your identity or association with any person or organization.
- Incorporate commercial activities or promotions, such as contests, sweepstakes, advertisements, or barter arrangements.
- Suggest endorsement or association with us or any other individual or entity without proper authorization or basis.
17. CHANGES TO THE WEBSITE
We reserve the right to modify or update the content on this Website periodically. However, we do not guarantee that all content will be current or complete at any specific time. Some materials on the Website may become outdated, and we are not obligated to revise or update such information.
18. YOUR INFORMATION AND WEBSITE USAGE
Any information we collect through this Website is governed by our Privacy Policy, which can be found at https://www.velkydeals.com/privacypolicy By accessing and using the Website, you consent to the collection, use, and disclosure of your information in accordance with the terms outlined in the Privacy Policy.
19. LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES
19.1 You are welcome to link to our homepage, provided you do so in a manner that is fair, lawful, and does not harm our reputation or take advantage of it. However, you must not link in a way that implies any form of association, approval, or endorsement by us without our explicit consent.
19.2 The Website may offer specific social media features that allow you to:
- Link from your own or third-party websites to specific content on the Website.
- Share emails or other communications that contain content or links to the Website.
- Display limited portions of the Website's content on your site or on third-party websites.
19.3 You may use these features only as provided by us, and in accordance with any additional terms or conditions we set for such features. However, you must not:
- Establish links from websites that are not owned by you.
- Display the Website or its content through framing, deep linking, or inline linking on other websites.
- Link to any part of the Website other than the homepage.
- Take any actions related to the Website that violate these Terms of Use.
19.4 The website you link from, or where you make content accessible, must comply fully with the Content Standards outlined in these Terms of Use.
19.5 You agree to cooperate with us to stop any unauthorized framing or linking immediately. We reserve the right to revoke linking permissions at any time without notice.
19.6 We may disable any or all social media features or links at our discretion, without prior notice.
20. EXTERNAL LINKS AND THIRD-PARTY CONTENT
The Website may contain links to external websites or resources provided by third parties for your convenience, including those found in advertisements, banner ads, and sponsored links. We do not have control over the content or availability of these external sites and resources. As such, we accept no responsibility for their content or for any loss or damage that may arise from your use of them.If you choose to access any third-party websites linked to this Website, you do so at your own risk and agree to comply with the terms and conditions of those external sites.
21. TERMINATION
21.1 The Website provides details on how to terminate your account. If you have subscribed to our services for a specific term, termination will take effect on the last day of the current term. Your order form may specify that your subscription will automatically renew unless either party provides notice of termination at least thirty (30) days before the start of the next renewal term.
21.2 If you fail to adhere to any provision of these Terms of Use, the Company reserves the right to terminate this agreement immediately and retain any fees already paid by you. Upon termination, you must cease all use of the Website and its services.
21.3 If at any point you are dissatisfied with the Website, your sole remedy is to stop using the services and follow the termination process outlined here. Any provisions that are essential to the enforcement of these Terms of Use will survive the termination of the agreement.
22. LIMITATION ON TIME TO FILE CLAIMS
You agree that any claim or cause of action arising out of or related to these Terms of Use or your use of the Website must be filed within one (1) year after such claim or cause of action arises. If not, such claim or cause of action is permanently barred, regardless of any contrary law or statute.
23. WAIVER AND SEVERABILITY
23.01 No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision, and the Company's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
23.02 If any provision of these Terms of Use is found to be unlawful, invalid, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The unenforceable provision will be modified to reflect the parties' intention as closely as possible, and the rest of the Terms of Use will continue to be binding.
24. FORCE MAJEURE
24.01 The Company shall not be held responsible or liable for any failure or delay in performing its obligations under these Terms of Use due to events beyond its reasonable control. Such events include, but are not limited to, acts of God, natural disasters, pandemics, wars, terrorism, labor disputes, strikes, government actions, power outages, internet or telecommunications failures, or any other event that renders performance impractical or impossible.
24.02 In the event of a force majeure occurrence, the Company’s obligations under these Terms of Use will be suspended for the duration of the event. The Company will make reasonable efforts to resume normal operations as soon as possible once the event is resolved.
25. ARBITRATION CLAUSE
25.01 Any dispute, controversy, or claim arising out of or relating to these Terms of Use, the Website, or any services provided, including disputes regarding their interpretation, breach, or termination, shall be resolved exclusively through binding arbitration. The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996, or any subsequent amendments, and shall take place in Pune city of Maharashtra, India, at a location determined by the Company.
25.02 The arbitration shall be conducted by a single arbitrator appointed by the Company. The language of the arbitration shall be English, and the decision of the arbitrator shall be final and binding on all parties. The arbitrator shall have the authority to allocate arbitration costs, including reasonable attorney fees, in the Company’s favor if it prevails.
By agreeing to these Terms of Use, you acknowledge and accept that:
- You waive your right to bring disputes to court, including the right to a trial by jury.
- You waive your right to participate in class actions or other collective proceedings.
25.03 The Company retains the right to seek injunctive relief or other equitable remedies in any court of competent jurisdiction to protect its intellectual property or confidential information. All other claims will be resolved exclusively through arbitration.
26. CONFIDENTIALITY
26.01 You agree to maintain the confidentiality of any non-public information, proprietary data, or trade secrets of the Company ("Confidential Information") that you may access or receive in connection with your use of the Website or services. This includes, but is not limited to, business strategies, pricing details, customer information, and operational procedures.
26.02 You must not disclose, share, or use Confidential Information for any purpose other than as expressly permitted under these Terms of Use or as required to use the Website and its services. This obligation of confidentiality shall remain in effect even after the termination of these Terms of Use or your use of the Website.
26.03 The Company reserves the right to seek injunctive relief or other appropriate remedies to prevent any breach of this confidentiality obligation. Your failure to comply with this section may result in immediate termination of your account and legal action. This confidentiality clause does not apply to information that:
- Is or becomes publicly available through no fault of your own.
- Was lawfully in your possession before it was disclosed by the Company.
- Is disclosed to you by a third party without restriction and without violating any obligation of confidentiality.
- Must be disclosed by law or legal process, provided you notify the Company promptly and cooperatein any effort to limit or protect such disclosure.
27. ENTIRE AGREEMENT
These Terms of Use, along with our Privacy Policy and any additional terms or conditions expressly incorporated by reference, constitute the entire agreement between you and the Company with respect to the use of the Website. They supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding the Website.
Any modifications to these Terms of Use must be made in writing and signed by an authorized representative of the Company. No verbal or written communications not included in these terms will alter their meaning or application.
28. YOUR COMMENTS AND CONCERNS
28.01 We value your feedback and encourage you to share any comments, questions, or concerns about these Terms of Use or the Website. Please feel free to reach out to us at support@velkydeals.com for assistance.
28.02 Any feedback, suggestions, or ideas you provide will be considered non-confidential and may be used by the Company without restriction or obligation. We are committed to addressing your concerns promptly and ensuring your experience with VelkyDeals is a positive one.