Velocity – India’s Largest Cash Flow based Financing Platform

TERMS AND CONDITIONS

1. General Terms

The below mentioned terms and conditions read with the privacy policy or any other policies that maybe applicable, from time to time govern the relationship between the client (“ You”, “Your” and “User”) and White Wizard Technologies Private Limited (“Velocity”, “We”, “Us” and “Our”).These terms and conditions (“Terms”) are drafted in conformity with the Information Technology(Intermediaries Guidelines) Rules, 2011 specified under the Information Technology Act, 2000 in order to regulate the terms and conditions of usage and access to Platform (as defined herein) and the Services (as defined herein).

These Terms constitute an agreement between You and Velocity. No physical or digital signature is necessitated in order to validate this Agreement. These Terms will govern Your use of our website located at www.velocity.in (“Website”) or Velocity Pay mobile application (“Application”), owned ,managed and controlled by Velocity, having its registered office at 90B, Delhi Jaipur Express way, Sector 18, Gurgaon - 122001, Haryana, India (collectively referred to as the “Platform”) and subsequently the use of Services (as defined below) through such Platform. The usage of the Application shall also be subject to the terms of play store or app store, as specified by the specific provider. You can opt for the Services through the Platform, only when You accepts to abide by all of the Terms. You are requested to read and understand the Terms carefully, before registering on, accessing, browsing, downloading or using Our Platform on any such device and/or before availing any services offered by Velocity.

2. Acceptance Of The Terms

For You to accept these Terms, You shall be of majority age (18 and above), in case of an individual. In cases of entities, You must be an entity eligible and registered to undertake business or operate in India. The Services are intended solely for persons who are capable to enter into legally binding contracts under Indian Contract Act, 1872 and have full power and authority for using the Services. You can accept these Terms by checking the checkbox or clicking on “I AGREE” or by actually availing our Services. In the case that You do not accept these Terms, You shall not avail our Services as is provided through Our Platform.

These Terms apply to every user who uses or accesses the Services. It also applies to any legal entity including partnership firms, corporate bodies, trusts, association of persons, which may be represented by You under actual or apparent authority.

These Terms are subject to modifications, at Our sole and absolute discretion. Further, we may from time to time formulate new policies for availing all or any of the Services. The most current version of the Terms will supersede all previous versions. You understand that your continued use of the Services after any changes to the Terms or addition of new policies constitutes Your acceptance to be bound by the most recent version of the Terms. If the Terms (including changes and additions thereto)are not acceptable to You, please refrain from using our Platform/Services.

3. Description Of Services

Our services provided from the Platform include but are not limited to the following (“Services”):‍

Velocity Cards: A corporate credit card is offered by Velocity in partnership with banks/financial institutions (which are authorised by the RBI to undertake credit card business), to provide a zero-fee, collateral-free credit card limit to startups, entrepreneurs, and ecommerce companies. Please refer to https://d1pejaumv7umok.cloudfront.net/velocity_tnc.pdf for detailed terms and conditions governing the usage of corporate cards offered by Velocity in partnership with bank/ financial institutions. In connection with the facility of credit card offered by Velocity in partnership with banks/ financial institutions, the role of Velocity is limited to promotion and marketing activities associated with distribution of these corporate credit cards.
Velocity Pay: Velocity Pay is a comprehensive platform designed to simplify invoice and payable management for businesses. It integrates seamlessly with popular softwares like WhatsApp and tally, enabling You to streamline your bookkeeping, communication and financial management. Velocity Pay offers a unique feature that allows You to pay anyone with a credit card, including all business expenses. This feature makes Velocity Pay a one-stop solution for businesses looking to manage their financial operations efficiently. With VelocityPay, You can easily monitor, forecast, and pay your invoices in one centralised location. Please refer to https://assets.velocity.in/velocity_pay_tnc.pdf for detailed terms and conditions governing the usage of Velocity Pay.
Velocity Insights: Insights is the one-stop solution to e-commerce founders to track sales and digital marketing data from multiple channels. It provides a facility to receive monthly benchmark report, case specific on-demand report including but not limited to marketing report, monthly report, google analytics, snapshot of Your e-commerce business and the facility to have dashboard to do deep dive into multiple aspects of the business. If the e-commerce data is broken, then Velocity Pay provides a facility to fix it and make it actionable. Velocity Pay also provides ancillary advisory services on the manner to improve Your business once the business model is understood.
Any other ancillary services provided in connection with services mentioned in (1) to (4) above.

We believe in continuous development in order to meet the industry standards and provide you with better Services, therefore, we reserve the right to modify, remove or rename our Services at our sole discretion. In case of such modification, we shall update the aforementioned list for your perusal.

For the avoidance of doubt, the services provided under Shipfast, including but not limited to logistics management services, early COD services, and any other services offered via www.velocity.in/shipping, are governed exclusively by the terms and conditions applicable to Shipfast. These services are not covered by the terms and conditions outlined in this document. Separate terms governing Shipfast can be accessed at: www.velocity.in/shipping/terms-and-condtions

4. Registration And Onboarding

We believe in providing simple and easy access to Our Services. To access any of the Services You can sign-up by using the online sign-up process. We will require certain essential information, which includes Your name, personal email ID, phone number, PAN, Aadhar details (as permitted under applicable law) and any other details including business documents which may be communicated to You, to register and create an account (“ Account”) on the Platform for Your access to the Platform and to use the Services. You agree to provide true, accurate, current and complete information, failing which Velocity shall have the right to cancel Your registration in the Platform and terminate Your right to user access Our Services. You will be provided with only one Account that will be in Your real name / your entity’s name/ and subject to You not being restricted by Us or applicable laws to use the Platform.
We will provide a User ID and password (“Credentials”) to You for access to the Platform and Services thereof.
Velocity has no obligation to verify the authenticity of any transaction once such transaction is generated through valid Credentials
You hereby, expressly consent to receive communications and newsletters from Velocity by SMS, e-mails, phone calls, in-app notifications or any other means. You can restrict such communications and newsletters only by de-registering your Account.
You authorise Velocity directly or through third parties, to make any inquiries as Velocity consider necessary to validate the identity, including as necessary to comply with the obligations under applicable laws and regulations.
You can always choose to disable Your Account by writing to us at hello@velocity.in . Once You disable Your Account, you shall cease to have any access to our Services through the Platform.
You acknowledge and confirm that the Account shall be used by You only for valid and genuine business transactions and not otherwise or for any prohibited activity or for unscrupulous fraudulent transactions.
You are responsible for maintaining the confidentiality of Your Credentials, and You are fully responsible for all activities that occur under your Account. In the event that You detect any unauthorised use of Your Account or breach of Your Account, You shall inform Us immediately
You will be held responsible for any losses incurred by Velocity or any other user due to Your unauthorized use of the Account which is a consequence of Your inability to secure Your Account.

5. License To The Platform

Subject to Your compliance with each provision of these Terms, Velocity hereby grants You a limited, revocable, personal, non-sub-licensable, non-transferable, non-exclusive right to access and use the Platform to seek the Services in accordance with these Terms
You shall under no circumstances share the access of the Platform with anyone else without obtaining Our permission for the same.
Except other than the rights and interests that are provided to You under these Terms, You shall have no other right or interest whatsoever in the use of Platform and/ or Services.

6. Third Party Service Providers

For smooth and quality provision of our Service and other similar business needs of Velocity, We use certain payment partners and other third party service providers. While We select Our third-party service providers carefully and enter into detailed agreements imposing performance obligations (including confidentiality) on them, We cannot and do not guarantee their performance in relation to any commercial transaction under these Terms. Therefore, We shall not be liable towards any dispute, losses and/or damages occurring due to any acts or omission of the payment partners and third-party service providers as the case maybe.
Any commercial / contractual terms offered by and agreed to between You and any third-party service providers are applicable only to You and such third-party service provider. Velocity does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial / contractual terms between You and third-party service provider.

7. Fee For Use OF Services

For the purpose of availing Our Services, You may be charged a convenience fee (“ Fees”).Such Fees will be communicated to You at the time of making payment against any commercial transaction undertaken by You on our Platform.
All the Fees paid to Velocity is non-refundable. Fees can be revised from time to time at the discretion of Velocity. It is hereby agreed and acknowledged by You that the Fees charged by Velocity in respect of a commercial transaction that has been settled or completed shall not be returned or repaid by Velocity to You or any other person irrespective of the transaction being rejected, charged back, refunded or disputed
In the event any tax such as GST or the like is chargeable by Velocity in accordance with any statutory laws with respect to Your use of our Services ("Taxes"), Velocity will charge You for such Taxes. You agree to pay Velocity such Taxes in addition to the Fees.

8. Availability Of Services

All or any of the Services offered through the Platform may be temporarily unavailable or may not be offered to You, for various reasons which could include but not limited to Your geographic limitations, or prohibition / restrictions under applicable laws or policies or due to any technical faults or interruptions.

9. Platform Content

Unless otherwise indicated, the Platform is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Platform (“Content”) and the trademarks, service marks, and logos contained therein (“Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights, unfair competition laws and other applicable national and international laws and conventions. We reserve all rights not expressly granted to You in and to the Platform, the Content and the Marks.
Velocity cannot and does not guarantee or warrant that files available for downloading through the Platform (if any) will be free of infection by software viruses or other harmful computer code, files or programs.
Unauthorized use of the Content / Platform may violate copyright, trademark, and other laws.The Platform and none of the Content shall be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold or redistributed for any commercial purpose whatsoever, without Our express prior written permission.

10. Platform Management

We reserve the right, but not the obligation, to: (1) monitor the Platform for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable the access of any Services or any portion thereof; (4) in Our sole discretion and without limitation, notice, or liability, to remove from the Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to Our systems; and (5) otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform.

11. Third Party Applications

Velocity’s Platform may integrate with many third party applications ("Third Party Application(s)"). Access and use of the Third Party Applications may require acceptance of terms of service and privacy policies applicable to such Third Party Applications (" Third Party Terms"). You are responsible for reading and understanding the Third Party Terms before accessing or using any Third Party Application. You acknowledge and agree that Velocity is not liable for any Third Party Applications. While We will try to provide You with advance notice, whenever reasonably possible, You acknowledge and agree that We may, at any time and in our sole discretion, and without any notice to You, suspend, restrict or disable access to or remove from the Platform, any Third Party Application, without any liability to You, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses.

12. User Representations

By using the Platform, You represent and warrant that: (1) You have the legal capacity and You agree to comply with these Terms; (2) You are not a minor in the jurisdiction in which You reside; (3) You will not access the Platform through automated or non-human means, whether through a bot, script, or otherwise; (4) You will not use the Platform for any illegal or unauthorized purpose; (5) You will only undertake genuine commercial transaction via the Platform and (6) Your use of the Platform will not violate any applicable law or regulation.
If You provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate Your Account and refuse any and all current or future use of the Platform (or any portion thereof). In the event of any change in Your email address, mobile number, address, ownership or legal status or cessation of business. You shall be responsible to inform Us in writing forthwith on such change.

13. No Lending

Velocity owns and operates the Platform engaged in the business of facilitating technology based innovative solutions for easy access to financial services to entities in India in partnership with financial institutions, non-banking financial companies, etc. Velocity has contractual relationships with non-banking financial companies, banks and other approved lending institutions (“Lender(s)”) pursuant to which such Lenders offer credit facilities to You. Any credit facility made available to You by any Lender shall be governed by terms and conditions agreed between You and the Lender.
Velocity and its directors, officers, employees and agents shall not be responsible in any manner whatsoever for: (1) the rejection of your credit facility application or other refusal by the Lenders of the credit facility with or without reason; (2) Velocity is not obliged to inform reasons for such refusal/rejection.

14. Undertakings

You agree and confirm that: (1) the Account shall be used by You only for valid and genuine business transactions and not otherwise or for any prohibited activity; (2) You shall not carryout any activity, which is banned, illegal or immoral or use the Services in any manner or in furtherance of any activity, which constitutes a violation of any law or regulation or which may cause Velocity to be subject to investigation, prosecution or legal action; (3) You undertake and assure Velocity that payments have been made/ will be made under valid business contracts with the customers or vendors and the payments are in respect of genuine business transaction
You agree and confirm to not sell, provide, exchange, or otherwise disclose to third parties or use themselves (other than for the purpose of completing a transaction, or as specifically required by applicable law) any personal information about any third party, including the account details and mobile number, without obtaining the prior written consent of such third party.
You shall use the information regarding a payee/ payer (including name, address, e-mail address, telephone numbers and other data) conveyed to You whilst using the Services, only for the purpose of completing the transaction for which it was furnished, and not to sell or otherwise furnish such information to others unless he has an independent source of such information or obtains the express written consent of such payee/ payer.
You agree and confirm to inform Velocity of any change in Your email address, mobile number, address, ownership or legal status or cessation of Your business in writing forthwith on such change.
You shall not interfere with or damage the Platform, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.
As a condition of use of the Services, You will not use the Services for any purpose that is unlawful or prohibited by the Terms, conditions, or violate the Terms. Velocity reserves the right to suspend the Account or restrict use of Services or any such other action as Velocity may deem fit including but not limited to such legal recourses as may be available, without providing any prior notice to You.
You shall not impersonate any person or entity, falsely claim or otherwise misrepresent Your affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted, perform any other similar fraudulent.
You confirm to not infringe Velocity’s or any third party’s intellectual property rights, rights of publicity or privacy.
You agree and confirm to not use the Services or the Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Services or the Platform in an automated manner or otherwise.
You shall not use Services or Platform for any self-financing activities which includes but not limited to transfer of funds to the payee against any fake or fraudulent transactions, transfer of funds to Your subsidiary, holding, associate company or any related party, unless such transfer of funds is towards a genuine transaction between You and the other Party.
Velocity has the right to temporary terminate Your access to the Platform. You shall be given a reasonable opportunity of being heard and provide evidences/ proof ensuring the validity of the transaction, any failure to prove the validity of the transaction will lead to permanent embargo on You to access the Platform.
You agree to bear and be solely and exclusively responsible for the payment of all relevant &applicable taxes (including any applicable withholding taxes) as may be due from time to time.

15. SPECIFIC TERMS

Velocity shall in no manner be responsible for any disputes between You and any person You make payment to using this Platform, including issues regarding prices, delivery, non-delivery, deficiency of services or delay in delivery of the products, quality of products or services or any liabilities arising from the transactions conducted through the payment links where the end user is not a registered user of Velocity (‘Non-Velocity User’). By agreeing to use the payment links provided by Velocity, You acknowledge and agree that Velocity is not responsible for any aspect of the transaction, including but not limited to delivery, quality of products or Services, or any fraudulent activities related to such transaction.
Velocity cannot and does not guarantee the timings of any payments made as such timing is dependent upon You or the Your bank, card issuing bank/ card processor (where a credit/ debit card is used), acquiring financial institution and other service providers.
You shall be responsible for any miscommunication or incorrect user/ third party/ other information that may be provided to Velocity at the time of enabling the Services for You.
Velocity hereby reserves the right to impose limitation to the number of commercial transactions which may be charged on an individual Account in a given time period and reserve the right to refuse to make payments in respect of commercial transactions exceeding such limit.
You agree and confirm to not hold Velocity liable in case of any improper/fraudulent/unauthorized/ duplicate/erroneous use of Your mobile, e-mail account and/or the web-based access or through any other platform. Velocity will also not be liable to You for any direct or indirect consequences connected with the use/ misuse of Your web/ mobile/ e mail account by any third party.

16. Prohibited Activities

You may not access or use the Platform for any purpose other than that for which we make thePlatform available.
In case Velocity is intimated by your bank or a card payment network, for any unauthorised debit / transaction ("Fraudulent Transaction"), then Velocity shall be entitled to conduct their own inquiry, investigation and resolution thereof. All chargeback and/or refunds resulting from such inquiry and investigation shall be made as per clause 16 and 17 as provided herein.
1. In the event of a chargeback, Velocity will promptly assess the legitimacy of the claim. If the claim is deemed legitimate and settlement is not made to the end beneficiary, Velocity will initiate a refund, in full or in part, based on its determination of the appropriate amount, at its discretion. The refund requests shall be received within the specified time frame. The aforementioned determination by Velocity would be done on a best effort basis.
2. Velocity reserves the right to suspend the account or restrict use of Services or take any other action deemed fit, including initiating legal recourse, without prior notice, if suspicious transactions are detected. In such cases, Velocity may hold the transaction amount and request additional clarifications from the User. If the responses provided are not found satisfactory,Velocity reserves the right to refund the transaction amount to the source card after deducting gateway charges
As a user of the Platform, You agree not to:

systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Us.
trick, defraud, or mislead Us and other users, especially in any attempt to learn sensitive account information such as other user credentials.
circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Platform and/or the Content contained therein.
Use any information obtained from the Platform in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Platform in a manner inconsistent with any applicable laws or regulations.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that may or may not interfere with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform.
Attempt to impersonate another user or person or use the username of another user.
Sell or otherwise transfer Your profile.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform
Harass, annoy, intimidate, or threaten any of Our employees or agents engaged in providing Services to You.
Attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.
Copy or adapt the Platform’s software, including but not limited to, PHP, HTML, JavaScript, or other code.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way jeopardizing any part of the Platform.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software.
Use the Platform as part of any effort to compete with us or otherwise use the Platform for any revenue-generating endeavour or commercial enterprise.

Velocity hereby reserves the right to impose limitation to the number of commercial transactions which may be charged on an individual Account in a given time period and reserve the right to refuse to make payments in respect of commercial transactions exceeding such limit.
You agree and confirm to not hold Velocity liable in case of any improper/fraudulent/unauthorized/ duplicate/erroneous use of Your mobile, e-mail account and/or the web-based access or through any other platform. Velocity will also not be liable to You for any direct or indirect consequences connected with the use/ misuse of Your web/ mobile/ e mail account by any third party.

17. Privacy Policy

We care about data privacy and security. By using the Platform, you agree to be bound by our Privacy Policy posted at https://www.velocity.in/privacy/, which is deemed to be incorporated into these Terms. Please be advised that the Platform is hosted in India. If you access the Platform from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in India, then through your continued use of the Platform, you are transferring your data to India, and you agree to have your data transferred to and processed in India.
Velocity reserves the right to access the credit reports of Users for the purpose of assessing creditworthiness and managing financial transactions. By agreeing to these Terms and using the Platform, You consent to Velocity's access to your credit report as deemed necessary for the provision of Services

18. Disclaimer And Limitation Of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES ISAT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. VELOCITY EXPRESSLY DISCLAIMS ALL WARRANTIES OFANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VELOCITY MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE, WIRELESS DEVICE ORDATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OFANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN ORORAL, OBTAINED BY YOU FROM VELOCITY, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
YOU AGREE THAT VELOCITY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSSOR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TOUSE THE SERVICE AND THE SERVICES OF ANY THIRD-PARTY SERVICE PROVIDER SO ENGAGED UNDER THESE TERMS, EVEN IF VELOCITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

19. Indemnity

You agree to indemnify and hold harmless Velocity, its officers, directors, employees, suppliers, and affiliates, from and against any liability, losses, damages, fines and expenses(including attorney's fees and costs) arising out of or relating to (i) any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms herein, or any other claim related to your use of the Services, except where such use is authorized by Velocity; (ii) or upon breach, non-performance, non-compliance or inadequate performance by You of any of the terms, conditions, representations, obligations or warranties made by You; (iii) any acts, errors, misrepresentations, will full misconduct or negligence of You, or Your employees, subcontractors and agents in performance of their obligations under these Terms; (iv) infringement of intellectual property rights, privacy rights of third parties; (v) third party claims or suits.
If any third parties gain access to the Services, You will be responsible and shall indemnify Velocity against any liability, costs or damages arising out of such misuse / use by third parties based upon or relating to such access and use, or otherwise.
Without prejudice to the remedies available to Velocity and these Terms, Velocity shall be under no liability whatsoever to You in respect of any loss or damage arising directly or indirectly out of:
the refusal of any person (including a service provider) to honour or accept a payment;
the malfunction of any computer terminal or equipment;
the utilization of the Services by any person other than by You;
any transaction which is unsuccessful or fails for any reason whatsoever, whether Velocity has a prior notice of it or not;
any mis-statement, error or omission in any details disclosed to Velocity.

20. Force Majeure

Velocity shall not be liable for any failure to perform any obligations under these Terms, if the performance is barred or deferred by any event arising due to any cause beyond the reasonable control of Velocity and in such case our Services under these Terms shall be suspended for so long as such event continues.

21. Termination

Any violation of these Terms or any indecent action towards third party service provider will not be tolerated and shall attract prompt and punitive disciplinary action as per applicable laws enforced in India and including but not limited to termination of usage rights as well as legal action. In the event of termination, Velocity shall be entitled to (a) suspend all payment under these Terms; (b) deactivate/ suspend your Account and disable your password; (c) terminate Your access to the Platform or the Services and (d) restrict You to receive any credit or payment or refund from Velocity. You may cancel Your Account at any time by sending Velocity an email to that effect.
Velocity may access, preserve and disclose any of the Your information if required to do so by applicable law, or Velocity believes in good faith that it is reasonably necessary to (i) respond to claims asserted against Velocity or to comply with legal process, (ii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iii) protect the rights, property or safety of Velocity, its Users or members of the public.

22. Confidentiality

You agree not to disclose or attempt to use or personally benefit from any non-public information that You may learn on the Platform or through the Services. This obligation shall continue until such time as the non-public information has become publicly known through no action of Your own. If You are compelled by order of a court or other governmental or legal body (or have notice that such an order is being sought) to divulge any such non-public information, You agree to forthwith and diligently notify Velocity and cooperate fully with Velocity in protecting such information to the extent possible under applicable law.
You will have no claim whatsoever against Velocity in respect of any such suspension or termination of your membership but You shall settle all dues owed to Velocity upon the termination.

23. MISCELLANEOUS

Velocity reserves the right to change or modify the Terms at any time without giving prior notice to You. time You are bound by such revisions and should therefore review the updated Terms from time to time. By continuing to access the Platform or use the Services on or after the revisions made to the Terms, You agree to have read, understood and also be bound by the revised Terms. Your continued use of the Services offered on the Platform following the posting of changes to this Terms will constitute Your specific and explicit consent and acceptance of those changes . You may choose to terminate your use of the Services or disable Your Account through the Platform if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services.
You, acknowledge that no joint venture, partnership, employment, or agency or “service provider-consumer” relationship is created or exists between You and Velocity, as a result of the Your use of the Platform.
Velocity’s performance under these Terms is subject at all times to existing laws and legal process and nothing contained in this Agreement is in derogation of Velocity's right to comply with law enforcement requests or requirements relating to a member's use of Velocity or information provided to or gathered by Velocity with respect to such use.
You shall not assign any rights or obligations arising under this Term, whether by operation of law or otherwise, without the prior written consent of Velocity. You agree that Velocity may subcontract certain aspects of the Service to third party service providers for the fulfilment ofServices as per these Terms.
These Terms shall be governed by the laws of India and in case of any dispute between you and Velocity, in relation to the Services, the Courts of Bangalore shall have exclusive jurisdiction.
Any claim or controversy that arises out of or relates to this agreement, or the breach of it, the same shall be referred to a person nominated by Velocity whose decision shall be final and binding upon the parties hereto. Such references shall be deemed to be a submission to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be in Bangalore and the process shall be in English Language.
Notwithstanding the foregoing, if you breach or threaten to breach any provision of this Agreement you acknowledge that irreparable harm will result to Velocity if you breach any obligation under this Agreement and you acknowledge and agree that such a breach would not be properly compensable by an award of damages. Accordingly, you agree that Velocity shall be entitled to, in addition to other available remedies and damages, injunctive relief or other equitable relief enjoining such breach at the earliest possible date.
In the event that any provision of this Agreement is held to be invalid or unenforceable by a court or regulator of competent jurisdiction, the valid or enforceable portion thereof and the remaining provisions of this Agreement will remain in full force and effect. Velocity’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. All waivers must be in writing.
Unless otherwise set out, all payments may only be made in Indian Rupees.
You agree and confirm that Velocity may, change any fee or charge or institute new fees or charges as may be applicable from time to time.
Velocity shall not be liable for any unauthorised access to the Your data or any unauthorized transmissions sent through the Services.
Velocity shall have the right, in its sole discretion, for any or no reason, and without penalty, to suspend or terminate Your use of the Platform and its Services or any part thereof, with or without notice.
You shall not (whether on-line or otherwise) describe Yourself as agent or representative of Velocity or make any representations to any customer or any third party or give any warranties which may require Velocity or service provider to undertake to or be liable for, whether directly or indirectly, any obligation and/or responsibility to customer or any third party.

24. GRIEVANCE REDRESSAL

In case of any grievance, the term as defined under Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, our Grievance Officer, Mr. Saurav Swaroop, can be contacted by sending an email to saurav@velocity.in.