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GreatDesiDeals.com Terms of use
Terms of Service
PREAMBLE
PLEASE READ THESE TERMS OF SERVICE AND ANY HYPERLINKED POLICIES (COLLECTIVELY THE “AGREEMENT” OR “TERMS OF SERVICE”) CAREFULLY BEFORE USING THE WEBSITES AND SERVICES OFFERED BY Y-POINT LLC. (“Y-POINT”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITES AT GREATDESIDEALS.COM (HEREINAFTER COLLECTIVELY REFERRED TO IN THE SINGULAR AS THE “SITE”) AND ALL SERVICES PROVIDED BY Y-POINT ON THE SITE (THE “SERVICES”). BY USING THE SITE AND SERVICES OFFERED BY Y-POINT (INCLUDING THE GREATDESIDEALS APP), AND INCLUDING BUT NOT LIMITED TO BROWSING THE SITE, YOU, WHETHER AN INDIVIDUAL OR AN ENTITY, (THE “USER” OR “YOU”) ARE EXPRESSLY AGREEING TO BE BOUND BY THESE TERMS OF SERVICE INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR AVAILABLE BY HYPERLINK. BY USING THE SITE AND SERVICES OFFERED BY GREATDESIDEALS YOU HEREBY WAIVE ANY AND ALL CLAIMS CHALLENGING THE APPLICABILITY OR BINDING NATURE OF THE TERMS OF USE. THESE TERMS OF SERVICE APPLY TO ALL USERS OF THE SITE, INCLUDING WITHOUT LIMITATION USERS WHO ARE VENDORS, CUSTOMERS, MERCHANTS, CONTRIBUTORS OF CONTENT, INFORMATION AND OTHER MATERIALS OR SERVICES ON THE SITE. IF YOU DO NOT AGREE WITH THE TERMS OF USE, PLEASE DO NOT USE THE SITE.
Please note that Section 6 below contains an arbitration clause and class action waiver. By agreeing to the Terms of Service, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.
1. GreatDesiDeals is a Platform/Venue
GreatDesiDeals acts as a platform/venue to allow users who comply with GreatDesiDeals’s Terms Of Service and policies to offer, sell, buy and trade various consumer items including but not limited to apparel, furnishings, art etc from other users. While GreatDesiDeals has processes in place to review the veracity and propriety of listings and to vet buyers and sellers, it cannot guarantee the truth, accuracy or legality of listings or the ability of sellers to sell items or the ability of buyers to pay for items. GreatDesiDeals also cannot ensure that a buyer or seller will actually complete a transaction or guarantee the true identity, age, and nationality of a user. GreatDesiDeals encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification. You agree that to the fullest extent protected by law, GreatDesiDeals is a marketplace/venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or third parties on GreatDesiDeals. YOU USE THE GREATDESIDEALS SERVICE AT YOUR OWN RISK AND AGREE THAT THE SITE IS PROVIDED TO YOU WITH ALL FAULTS, INCLUDING NO PROMISE OF CONTINUOUS SERVICE.
2. Membership
(A) Age: GreatDesiDeals is fully committed to compliance with the Children’s Online Privacy Protection Rule (“COPPA”) as well as applicable contract law. Accordingly, GreatDesiDeals’s services are available only to, and may only be used by, individuals who are 18 years of age and older who can form legally binding contracts. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. GreatDesiDeals may, in its sole discretion, refuse to offer access to, or use of the Site to, any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions. Individuals under the age of 18 must at all times use GreatDesiDeals’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all such cases, the adult is the User and is responsible for any and all activities.
(B) Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by GreatDesiDeals’s policies as stated in the Terms Of Service as well as all other Community Rules, policies and procedures that may be published from time to time on the Site by GreatDesiDeals, each of which is incorporated herein by reference and each of which may be updated by GreatDesiDeals from time to time without notice to you. To the fullest extent permitted by law, you hereby waive any and all claims and rights with respect to notice of changes to the Terms Of Service or other associated policies. In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by GreatDesiDeals from time to time; your use of such services is subject to those additional terms, conditions and policies, which are incorporated into this Agreement by this reference.
(C) Password: Your password is your responsibility. Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify GreatDesiDeals of any unauthorized use of your password or any breach of security. You also agree that GreatDesiDeals cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. Except for password managers used in accordance with best practices, you agree not to provide your username and password information in combination to any other party other than GreatDesiDeals without GreatDesiDeals’s express written permission.
(D) Account information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on GreatDesiDeals you must provide and maintain valid payment information.
(E) Account Transfer: You may not transfer or sell your GreatDesiDeals account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
(F) Right to Refuse Service: ACCESS TO GREATDESIDEALS’S SERVICES AND THE SITE IS A PRIVILEGE GRANTED AT GREATDESIDEALS’S SOLE DISCRETION. YOU HAVE NO RIGHT TO ACCESS GREATDESIDEALS’S SITE. GreatDesiDeals will terminate any user who it determines is providing services competitive to GreatDesiDeals through the Site. GreatDesiDeals’s services, and all accesses to the Site, are not available to temporarily or indefinitely suspended GreatDesiDeals members. Additionally, GreatDesiDeals reserves the right, in GreatDesiDeals’s sole discretion, to cancel unconfirmed or inactive accounts or to disable, deactivate or terminate your account for any reason, without notice, and without any right to cure.
3. Fees and Services
Joining and setting up a shop on GreatDesiDeals is free. GreatDesiDeals does not charge fees to list an item for sale. GreatDesiDeals does charge a percentage of the sale price when the item sells. When you list an item you have an opportunity to review and accept the fees that you will be charged. GreatDesiDeals’s Billing Policy which is subject to change, is incorporated into this Agreement by reference. Changes to the Billing Policy and the fees for GreatDesiDeals’s services are effective immediately after posting the changes on the Site to the fullest extent permitted by law, or otherwise immediately after the minimum period permitted by law. GreatDesiDeals may also choose to temporarily change the Billing Policy and the fees for GreatDesiDeals’s services for promotional events (for example, free listing days); such changes are effective when GreatDesiDeals posts the temporary promotional event on the Site or otherwise notifies you of the change.
Fees and Termination: If GreatDesiDeals terminates a listing or your account, if you close your account, or if the payment of your GreatDesiDeals fees cannot be completed for any reason, you remain obligated to pay GreatDesiDeals for all unpaid fees plus any penalties, if applicable. If the seller’s account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). YOU HEREBY EXPRESSLY AGREE THAT GREATDESIDEALS MAY CHARGE YOUR CREDIT CARD, OR ANY OTHER METHOD OF PAYMENT, ON FILE FOR ANY AND ALL OUTSTANDING OR DELINQUENT FEES OR BALANCES AND WAIVE ANY AND ALL CLAIMS AGAINST GREATDESIDEALS FOR EXERCISING THIS RIGHT (INCLUDING, FOR EXAMPLE, USING YOUR CONTACT INFORMATION TO AID IN COLLECTING PAYMENT). If you have a question or wish to dispute a charge, contact GreatDesiDeals.
4. Content License
(A) Your Content: GreatDesiDeals does not claim ownership rights in content you place on the Site or in your listings (the “Content”). You grant GreatDesiDeals a license solely to enable GreatDesiDeals to use any information or Content you supply GreatDesiDeals with, so that GreatDesiDeals is not violating any rights you might have in that Content. You grant GreatDesiDeals a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights and any other rights necessary to effectuate GreatDesiDeals’s ability to use the content consistent with this license that you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow GreatDesiDeals to store or re-format your Content on GreatDesiDeals and display your Content on GreatDesiDeals in any way as GreatDesiDeals chooses. GreatDesiDeals can also use any transactional information including sale date and final price for sales completed on GreatDesiDeals as it sees fit.
(B) Personal Information: GreatDesiDeals will only use personal information in accordance with GreatDesiDeals’s Privacy Policy. As part of a transaction, you may obtain personal information, including email address and shipping information, from another GreatDesiDeals user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for GreatDesiDeals-related communications. GreatDesiDeals has not granted you a license to use the information for unsolicited commercial messages or for any other purpose. Without limiting the foregoing, without express consent from the user, you are not licensed to add any GreatDesiDeals user to your email or physical mail list. For more information, see GreatDesiDeals’s Privacy Policy.
(C) Re-Posting Content: By posting Content on GreatDesiDeals, it is possible for an outside website or a third party to re-post or index that Content. You agree to hold GreatDesiDeals harmless for any dispute concerning this use, along with the limitations on liability and indemnification provisions below. If you choose to display your own GreatDesiDeals-hosted image on another website, the image must provide a link back to its listing page on GreatDesiDeals.
(D) Idea Submissions: GreatDesiDeals considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and GreatDesiDeals shall not be liable for the disclosure or use of such Material. If, at GreatDesiDeals’s request, any member sends Material to improve the site, GreatDesiDeals will also consider that Material to be non-confidential and non-proprietary and GreatDesiDeals will not be liable for use or disclosure of the Material. Any communication by you to GreatDesiDeals is subject to this Agreement. You hereby grant and agree to grant GreatDesiDeals, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, make, use, sell, offer to sell, import, export, publicly display, publicly distribute, create derivative use from, publish and in all other ways exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
5. Information Control
GreatDesiDeals does not control the Content provided by users that is made available on GreatDesiDeals. You may find some Content to be offensive, harmful, inaccurate, or deceptive. GreatDesiDeals users must be eighteen or over, but there are risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using GreatDesiDeals, you agree to accept such risks and expressly agree that GreatDesiDeals (and GreatDesiDeals’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on GreatDesiDeals. Please use caution, common sense, and practice safe buying and selling when using GreatDesiDeals.
Other Resources: GreatDesiDeals is not responsible for the availability of outside websites or resources linked to or referenced on the Site. GreatDesiDeals does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that GreatDesiDeals shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
6. Disputes, Arbitration, Class Waiver, Waiver of Claims and Venue
(A) JAMS: In the event a dispute arises between you and GreatDesiDeals, please contact GreatDesiDeals. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Hamilton County, Indiana, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith.
(B) Class Action and Collective Action Waiver: The parties agree to arbitrate solely on an individual basis, and this Agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The tribunal shall rule on its own jurisdiction and the validity or enforceability of the agreement to arbitrate.
(C) Enforcement of Arbitration Judgment: Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
(D) Jurisdiction and Venue: For all purposes of any injunctive or equitable proceeding, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the state of Indiana. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.
(E) Limitations Period: You and GreatDesiDeals agree that any cause of action arising out of or related to the Site, Services or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
(F) Intra-User Disputes and EU Dispute: Should you have a dispute with one or more users, or an outside party, YOU RELEASE GREATDESIDEALS (AND GREATDESIDEALS’S OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. GreatDesiDeals encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
GreatDesiDeals, for the benefit of users, may try to help users resolve disputes. GreatDesiDeals does so in GreatDesiDeals’s sole discretion, and GreatDesiDeals has no obligation to resolve disputes between users or between users and outside parties. To the extent that GreatDesiDeals attempts to resolve a dispute, GreatDesiDeals will do so in good faith based solely on GreatDesiDeals’s policies. IN THE EVENT GREATDESIDEALS INVOLVES ITSELF IN A DISPUTE BETWEEN CUSTOMERS, YOU EXPRESSLY WAIVE AND RELEASE GREATDESIDEALS (AND GREATDESIDEALS’S OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE DISPUTE.
If you do not respond to GreatDesiDeals’s inquiry regarding a dispute within forty-eight (48) hours, GreatDesiDeals reserves the right to resolve the dispute at its discretion and you agree that any such resolution will be binding on you.
(G) Feedback: GREATDESIDEALS WILL NOT AMEND, ALTER OR OTHERWISE CHANGE FEEDBACK LEFT BETWEEN USERS UNLESS THE CONTENT IS FALSE, UNREASONABLY INFLAMMATORY OR OTHERWISE IN VIOLATION OF GREATDESIDEALS POLICIES AS DETERMINED BY GREATDESIDEALS IN ITS SOLE DISCRETION. FULLY REFUNDED ORDERS ARE NOT ELIGIBLE FOR FEEDBACK.
(H) Full Waiver: YOU EXPRESSLY WAIVE AND RELEASE GREATDESIDEALS (AND GREATDESIDEALS’S OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE, SERVICES OR YOUR USE OF THE SAME.
7. Email, Text and Fax Communications
By using the Site and services available on the Site, you agree that you have an established business relationship (EBR) with GreatDesiDeals and hereby waive any and all claims under the Telephone Consumer Protection Act (TCPA) as they relate to email, text message or fax communications from GreatDesiDeals. You hereby expressly consent to communications of any kind from GreatDesiDeals to the fullest extent permissible by law.
When you register for an account, subscribe to a newsletter, or provide us with your email address or phone number, you may receive notice of and agree to receive marketing emails and messages from us. You can unsubscribe at any time from marketing emails or messages through the opt-out link included in marketing emails or messages, or by reaching out to GreatDesiDeals. Please note that some changes to your account settings may take a few days to take effect.
8. GreatDesiDeals’s Intellectual Property
GreatDesiDeals, and other GreatDesiDeals graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of GreatDesiDeals or its affiliated companies in the U.S. and/or other countries. GreatDesiDeals’s trademarks and trade dress may not be used, in any manner, without the prior express written consent of a duly authorized representative of GreatDesiDeals.
9. Access and Interference
GreatDesiDeals may contain robot exclusion headers which contain internal rules for software usage. Much of the information on GreatDesiDeals is updated on a real-time basis and is proprietary or is licensed to GreatDesiDeals by GreatDesiDeals’s users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access GreatDesiDeals for any purpose whatsoever, except to the extent expressly permitted by GreatDesiDeals’s with prior express written permission. Additionally, you agree that you will not take any action that imposes, or may impose, in GreatDesiDeals’s sole discretion, an unreasonable or disproportionately large load on GreatDesiDeals’s infrastructure. You will not copy, publicly reproduce, modify, create derivative works from, publicly distribute or publicly display any user Content, including via use of plug-ins, extensions, applications or scripts that interfere with the Content, features, or functions of the Site or Services. You will not interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. And you will not bypass GreatDesiDeals’s robot exclusion headers or other measures GreatDesiDeals may use to prevent or restrict access to GreatDesiDeals.
10. Breach of GreatDesiDeals Terms Of Service and Policies
Without limiting its legal recourse or any other remedies, GreatDesiDeals may, without notice, and without refunding any fees, delay or immediately remove Content, warn GreatDesiDeals’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, take technical and legal steps to keep a user off the Site and refuse to provide services to a user for any reason, including, for example if any of the following apply: (a) GreatDesiDeals suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, including the Privacy Policy, the Community Rule or other policies and community guidelines incorporated herein; (b) GreatDesiDeals is unable to verify or authenticate any of your personal information or Content; (c) GreatDesiDeals believes that a user is acting inconsistently with the letter or spirit of GreatDesiDeals’s Community Rules or policies; or (d) GreatDesiDeals believes a user has engaged in improper or fraudulent activity in connection with GreatDesiDeals or the actions may cause legal liability or financial loss to GreatDesiDeals’s users or to GreatDesiDeals. Notwithstanding the foregoing, GreatDesiDeals retains the right to suspend or terminate a user without cause at GreatDesiDeals’s sole discretion. Use of the Site is a privilege, not a right.
11. No Warranty
GREATDESIDEALS IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT WE’RE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SITE AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
WE DO NOT GUARANTEE THAT: (I) THE SITE OR SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SITE OR SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SITE OR SERVICES SOLELY AT YOUR OWN RISK.
GREATDESIDEALS’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS PROVIDE GREATDESIDEALS’S SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, OF ANY KIND. GREATDESIDEALS’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AGENTS AND SUPPLIERS EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM GREATDESIDEALS SHALL CREATE ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. Limitation of Liability
IN NO EVENT SHALL GREATDESIDEALS, AND (AS APPLICABLE) GREATDESIDEALS’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, GREATDESIDEALS’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. GREATDESIDEALS’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF GREATDESIDEALS’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO GREATDESIDEALS IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. CITES and Claims Release
The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is an international agreement intended to limit cross-border trade in endangered plants, woods and wildlife. AS SUCH, YOU AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS, INCLUDING FINANCIAL LOSS, INJURY, DAMAGE, DESTRUCTION OR CONFISCATION OF YOUR PROPERTY DUE TO VIOLATIONS OF CITES. YOU AGREE THAT YOU HAVE CAREFULLY READ THIS PROVISION AND HEREBY RELEASE ANY AND ALL CLAIMS AGAINST GREATDESIDEALS RELATED TO FINANCIAL LOSS, INJURY, DAMAGE, DESTRUCTION OR CONFISCATION OF YOUR PROPERTY DUE TO VIOLATIONS OF CITES AND AGREED TO HOLD GREATDESIDEALS AND ITS OFFICERS, EMPLOYEES AND AGENTS HARMLESS AGAINST ANY SUCH CLAIMS. YOU ACKNOWLEDGE THAT THIS IS A COMPLETE RELEASE OF LIABILITY AGAINST GREATDESIDEALS.COM WITH RESPECT TO CLAIMS ASSOCIATED WITH CITES.
14. Indemnity
YOU AGREE TO INDEMNIFY AND HOLD GREATDESIDEALS AND (AS APPLICABLE) GREATDESIDEALS’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, THE PRIVACY POLICY, THE COMMUNITY RULES OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, THE FAILURE TO APPROPRIATELY COLLECT AND REMIT TAXES ON ANY SALES.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
15. No Guarantee of Continuous Service
GreatDesiDeals does not guarantee continuous, uninterrupted access to the Site and no SLA representations or guarantees are included herein. Operation of the Site may be interfered with by numerous factors outside GreatDesiDeals’s control.
16. Copyright Policy & Intellectual Property Policy
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law. Additional laws apply to trademark rights and other types of rights in the U.S. and worldwide. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining all necessary prior written consents of the owner(s) of such proprietary rights. If you do so repeatedly on the Site, you will be removed as a user. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website by a user in a way that constitutes copyright infringement, or you are reporting other intellectual property issues, please contact GreatDesiDeals’s DMCA agent who can be located here.
17. GreatDesiDeals Sites
By utilizing GreatDesiDeals Sites (including the GreatDesiDeals App), you acknowledge that GreatDesiDeals is providing the infrastructure and platform for your website, but maintenance, design, content and compliance with federal, state and local laws remains your responsibility as the GreatDesiDeals Sites user. You acknowledge that you are responsible for compliance with federal, state and local laws applicable to your GreatDesiDeals Site.
18. GreatDesiDeals Integrations
Your use of GreatDesiDeals Integrations indicates your assent to GreatDesiDeals’s Terms and Policies contained herein. By utilizing GreatDesiDeals Integrations, you acknowledge that GreatDesiDeals is providing an integration of the GreatDesiDeals.com platform with third party platforms providing e-commerce and other digital services and solutions (collectively the “Third Party Service Providers”). You are subject to all applicable Third Party Service Providers’ terms of service by utilizing GreatDesiDeals Integrations. While GreatDesiDeals is providing GreatDesiDeals Integrations, maintenance, design, content and compliance with federal, state and local laws remains your responsibility as the GreatDesiDeals Integrations user. You hereby waive any and all claims against GreatDesiDeals, its officers, directors, employees and agents related to the use, maintenance, design and content of your GreatDesiDeals Integration(s). You acknowledge that you are responsible for compliance with federal, state and local laws applicable to your GreatDesiDeals Integration(s). You further agree to indemnify and hold GreatDesiDeals harmless for any third party claims or complaints associated with your use of GreatDesiDeals Integration(s). GreatDesiDeals Integrations are provided “as is” and with all faults. DO NOT UTILIZE GREATDESIDEALS INTEGRATIONS IF YOU DO NOT AGREE WITH THESE TERMS.
19. Your Responsibility for Legal Compliance and Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any GreatDesiDeals service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on GreatDesiDeals’s net income). This includes sales taxes applicable in each state, depending on the threshold required for collection. GreatDesiDeals cannot provide tax advice. Please contact your tax professional to determine whether or not you have sales tax liability. This responsibility includes applicable customs and fees for import and export sales; GreatDesiDeals assumes no responsibility for any losses, fees, or confiscations related to importing and exporting products purchased through GreatDesiDeals. If you complete 200 transactions or more and receive over $20,000 in gross income from the site, exclusive of GreatDesiDeals’s fees, you will receive a Form 1099 from GreatDesiDeals and be obligated to pay income tax on your earnings. GreatDesiDeals is not responsible, in any manner, for paying taxes on your earnings or your use of the Site.
20. Proposition 65 – California
The California Safe Drinking Water and Toxic Enforcement Act of 1986 (“Prop 65”) requires manufacturers, producers, packagers, importers, suppliers or distributors (the “Notice Parties”) of products to provide warnings to California consumers about potentially hazardous or cancer-causing materials in those products. Notice Parties are encouraged to include a warning that lists the specific chemicals in the product(s) if they are present in an amount that may be hazardous. Example warnings could read:
WARNING: This product can expose you to chemicals, including [name of chemical], which is/are known to the State of California to cause cancer. For more information, go to www.P65Warnings.ca.gov.
WARNING: This product can expose you to chemicals, including [name of chemical], which is/are known to the State of California to cause birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov.
We encourage all GreatDesiDeals users who sell to California residents to investigate the requirements and to make independent determinations about whether warnings are necessary when selling items to California residents. You can include warnings in your item descriptions on GreatDesiDeals. You agree to indemnify and hold GreatDesiDeals harmless for any violations of Prop 65 or any claims arising out of your violation of Prop 65.
21. Severability
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
22. No Agency
You and GreatDesiDeals are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
23. Modification of Service or Terms and Policies
GreatDesiDeals reserves the right to modify or terminate the GreatDesiDeals service for any reason, without notice, at any time, to the maximum extent permitted by law. GreatDesiDeals reserves the right to alter these Terms of Use, including the Privacy Policy, the Community Rules or other Site policies at any time, so please review the policies frequently. Your continued use of the Site will act as your unqualified acceptance of any changes to the Terms and Policies, regardless of actual notice.
24. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Indiana, excluding its conflicts of laws rules, and the United States of America.
25. Sanctioned Countries, Politically Exposed Persons and Endangered Species
GreatDesiDeals does not currently support transactions to, from or involving any comprehensively sanctioned countries (the “Sanctioned Countries”) or with any Politically Exposed Persons (“PEPs”). Additionally, listings with brand new items made in the Sanctioned Countries will be removed, if found. Used items that were made in the Sanctioned Countries may be allowed, provided they do not violate any other Terms of Service. Decisions will be made at the sole discretion of GreatDesiDeals. Any items made from materials derived from endangered species will be removed if found on the Site.
26. Survival
All Sections which are intended by their terms to survive the expiration of this Agreement shall survive any termination or expiration of this Agreement.
27. Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to GreatDesiDeals; Attn: Legal Department; 14021 Wildcat Drive, Carmel, IN 46033 (in the case of GreatDesiDeals) or, in your case, to the email address you provide to GreatDesiDeals (either during the registration process or when your email address changes), by notice posted to your user dashboard or by notice posted to the Site. Notice shall be deemed given 24 hours after email is sent or notice is posted. Alternatively, GreatDesiDeals may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to GreatDesiDeals. In such case, notice shall be deemed given three days after the date of mailing.
28. Disclosures
The services hereunder are offered by Y-Point LLC, located at 14021 Wildcat Drive, Carmel, IN 46033.
Effective Date: Feb 23, 2021Effective Date: Feb 23, 2021
Privacy Policy
Notice: GreatDesiDeals does not sell your personal information.
1. Introduction
Y-Point, LLC, its affiliated companies (“Y-Point” or “we” or “us”) and the associated websites were formed to create a marketplace to trade in consumer and other items specific to but not limited to the Indian subcontinent. Therefore, the privacy of all of our members and stakeholders – your privacy – is something we take extremely seriously. This policy details how we treat the personal information that we collect, what settings we provide for you to control how your information is used on GreatDesiDeals, and how you can contact us with any questions or concerns. This policy is not a contract between GreatDesiDeals and its users, but is merely a recitation of GreatDesiDeals policies.
This policy describes the types of information we may collect from you or that you may provide when you visit the websites GreatDesiDeals.com or any of their affiliated websites (our “Website”) (directly and via the GreatDesiDeals Mobile Apps (the “Apps”)) and our practices for collecting, using, maintaining, protecting, and disclosing that information. It also applies to information we collect: (a) in email, text, and other electronic messages between you and this Website; (b) through mobile and desktop applications, which provide dedicated non-browser-based interaction between you and this Website (including the GreatDesiDeals App); (c) when you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy; and (d) through any other sources associated with the Website or Apps. We’ll refer to the Website, the Apps, anything related to the same, and our other services as the “Services.” The data controller responsible for your personal information is Y-Point LLC, an Indiana Limited Liability Company. GreatDesiDeals is committed to collecting this data in compliance with the EU-U.S. Privacy Shield Framework. If you are a citizen of the EU, please review our GDPR Data Processing Policy located here
To the maximum extent permitted by law, the policy does not apply to information collected by: (a) us offline; or (b) by any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. By accessing or using our Services, you expressly agree to this policy. This policy may change from time to time. Your continued use of our Services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
2. Children Under the Age of 18
GreatDesiDeals is intended for a general audience, and requires all account owners to be at least 18 years of age. GreatDesiDeals does not knowingly gather personal information (as defined by the U.S. Children’s Privacy Protection Act, or “COPPA”) in a manner not permitted by COPPA. If you are a parent or guardian and you believe we have collected information from your child in a manner not permitted by law, please contact customer service at support@greatdesideals.com. We will remove the data to the extent required by applicable laws. Also, GreatDesiDeals does not knowingly “sell,” as that term is defined under the California Consumer Privacy Act, the personal information of minors under 16 years old who are California residents.
3. Information We Collect About You
We collect or receive several types of information from and about users of our Services, including information: (a) by which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other information the Services collect that is defined as personal or personally identifiable information under an applicable law or any other identifier by which you may be contacted online or offline. Depending on which Services you choose to use, GreatDesiDeals may require additional information, such as a shop name, billing information (including billing address, phone number, credit card information), a mobile telephone number, a physical mailing address, and/or payment information; (b) that is about you but individually does not identify you, such as username or alias; and/or (c) about your internet connection, the equipment you use to access our Services and usage details. By using the Services, you agree to provide any information necessary to verify your identity.
We collect this information: (a) directly from you when you provide it to us through forms you complete or registration; or (b) indirectly from you, for example, automatically as you navigate through the Website or use our Services, which may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies, including geo-location, as further described in Section 5.
The information we collect as described in this Section and Sections 4 and 5, are used for the purposes described in Section 6.
4. Information You Provide to Us
We may also collect information from you through our Services which may include: (a) information that you provide by filling in forms; (b) information provided at the time of registering to use our Services; (c) information when you enter a promotion sponsored by us; (d) information when you report a problem with our Services; (e) records and copies of your correspondence (including email addresses), if you contact us; (f) your responses to surveys that we might ask you to complete for research purposes; (g) details of transactions you carry out through our Services and of the fulfillment of your orders; (h) financial and payment information before placing an order through our Website; and (i) your search queries and other interactions on the Website or through our Apps.
You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website or Apps, or transmitted to other users of the Services or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages and you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
5. Information We Collect Through Automatic Data Collection Technologies
When you use our Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including: (a) details of your visits to our Website or use of our Apps, including traffic data, location data, logs, and other communication data and the resources that you access and use in connection with the Services; and (b) information about your computer and internet connection, including your IP address, operating system, and phone (including device ID), app, or browser type.
We use the data described in this Section to help us improve our Services and to deliver a better and more personalized service, including by enabling us to: (a) estimate our audience size and usage patterns; (b) store information about your preferences, allowing us to customize our Services according to your individual interests; (c) speed up your searches; or (d) recognize you when you return to our Website.
The technologies we use for this automatic data collection may include: (a) Cookies (or browser cookies). A cookie is a small file placed within your browser or hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website or the Services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website or Services; (b) Flash Cookies. Certain features of our Services may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies; (c) Web Beacons. Pages of our the Website may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit GreatDesiDeals, for example, to count users who have visited those pages or opened an email and for other related statistics (for example, recording the popularity of certain website content and verifying system and server integrity); (d) Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google uses Cookies to help analyze the use of the Website. The information generated by the Cookie about your use of the Services is sent to a Google server in the United States and stored there. Please note, that your IP address will be truncated by our systems before sending the data to a Google server. Thereby you will remain anonymous as an individual user. Google will use this information to evaluate your use of the Services, compile reports on your activity in connection with the Services and provide other internet related services. In addition, Google may also transfer this information to third parties if required by law or if third parties process the information on Google’s behalf. By using our Services, you consent to the processing of data about you by Google in the manner described and for the aforementioned purpose. More information about Google Analytics can be found here.
Some of the information we collect that is described in this Section does not include personal information, but we may tie this information to personal information about you that we collect from other sources or you provide to us for use of the Services.
6. How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information: (a) to present our Website and Services, including its contents to you and our users; (b) to provide you with information, products, or services that you request from us; (c) to fulfill any other purpose for which you provide it; (d) to provide you with notices about your account; (e) to carry out our obligations and enforce any rights arising from any contracts entered into through the Services, including for billing and collection; (f) to notify you about changes to our Services or any other products or services we offer or provide though it; (g) to allow you to participate in interactive features; (h) in any other way we may describe when you provide the information; (i) for any other purpose such as with your consent.
We will not sell your information to advertisers or other 3rd party’s. Your information is solely used to improve your experience on GreatDesiDeals and improve the Site.
7. Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose personal information that we collect or you provide as described in this privacy policy: (a) to our subsidiaries and affiliates; (b) to contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them; (c) to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of GreatDesiDeals’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by GreatDesiDeals about users of our Services is among the assets transferred; (d) to fulfill the purpose for which you provide it; (e) for any other purpose disclosed by us when you provide the information; and (f) for other purposes, such as with your consent.
We may also disclose your personal information: (a) to comply with any court order, law, or legal process, including to respond to any government or regulatory request; (b) to enforce or apply our Terms Of Service and other agreements; or (c) if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of GreatDesiDeals, our users, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
In order to facilitate transactions through our Services, we may share your information with our third party partners, such as our shipping and payment partners, to enable us to complete your order. Such partners will process your personal information in accordance with their own privacy policies. In some instances, these partners, not GreatDesiDeals, are responsible for the protection of personal information under their control. By making a sale or a purchase on GreatDesiDeals, you are directing us to share your information in this way. Since this is an important part of the Services we provide, it is necessary in order for us to perform our obligations under our Terms of Service.
GreatDesiDeals does not sell your data or transfer it to third-parties except as disclosed in this policy or as necessary for the functioning of the Services, without your permission.
This policy does not apply to the practices of third parties (such as other members who sell using the Services, certain third-party providers on whom we rely to provide certain services, or API users) that GreatDesiDeals does not own or control or individuals that GreatDesiDeals does not employ or manage, except as otherwise provided for in our Terms of Service or as required by law. If you provide your information to such third parties in connection with your use of the Services, different practices may apply to the use or disclosure of the information that you provide to them. While GreatDesiDeals requires these third parties to follow GreatDesiDeals’s privacy and security requirements, GreatDesiDeals does not control the privacy or security policies of such third parties. To the full extent applicable in your jurisdiction, GreatDesiDeals is not responsible for the privacy or security practices of these sellers, API users, or other websites on the internet, even those linked to or from the Services. We encourage you to read the privacy policies and ask questions of third parties before you disclose your personal information to them. For the purposes of European law, these sellers, third party providers, and API users are independent controllers of data, which means that they are responsible for providing and complying with their own policies relating to any personal information they obtain in connection with the Services.
8. Choices and Rights About How We Use and Disclose Your Information
Your Rights & Choices
Certain privacy laws around the world, including the European General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), provide users with certain rights related to their personal information collected. Consistent with those laws, GreatDesiDeals gives you the choice of accessing, editing, or removing certain information, as well as choices about how we contact you. You may change or correct your GreatDesiDeals account information through your account settings. You may also remove certain optional information that you no longer wish to be publicly visible through the Services, such as your name. You can also request the deletion of the personal information in your account.
Depending on your location, you may also have additional rights with respect to your information, such as:
- Right to Access & Portability – You can access certain personal information associated with your account by visiting your account privacy settings. You can request a copy of your personal information in an easily accessible format and information explaining how that information is used.
- Right to Correction – You have the right to request that we rectify inaccurate information about you. By visiting your account settings, you can correct and change certain personal information associated with your account.
- Right to Restrict Processing – In certain cases where we process your information, you may also have the right to restrict or limit the ways in which we use your personal information.
- Right to Deletion – In certain circumstances, you have the right to request the deletion of your personal information, except information we are required to retain by law, regulation, or to protect the safety, security, and integrity of GreatDesiDeals.
- Right to Object – If we process your information based on our legitimate interests as explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Where we use your personal data for direct marketing purposes, you can object using the unsubscribe link in such communications.
- Right to Withdraw Consent – Where we rely on consent, you can choose to withdraw your consent to our processing of your information using specific features provided to enable you to withdraw consent, like an email unsubscribe link or your account privacy preferences. If you have consented to share your precise device location details but would no longer like to continue sharing that information with us, you can revoke your consent to the sharing of that information through the settings on your mobile device. This is without prejudice to your right to generally permanently close your account and delete your personal information.
- Right to Know – California residents may request disclosure of the specific pieces and/or categories of personal information that the business has collected about them, the categories of sources for that personal information, the business or commercial purposes for collecting the information, the categories of personal information that we have disclosed, and the categories of third parties with which the information was shared.
- Right to Opt-Out – To the extent that GreatDesiDeals does not “sell” personal information as that term is defined under the CCPA, California residents are entitled to opt-out of the “sale” of data at any time (see below for more information).
The CCPA provides California residents with the following additional rights:
You can exercise any of the rights above by contacting us at support@GreatDesiDeals.com. Upon request, GreatDesiDeals will provide you with information about whether we hold any of your personal information. Once you contact us to exercise any of your rights, we will confirm receipt of your request.
We will not discriminate against you for exercising any of your rights, including denying you goods or services, providing you with a different level or quality of services, or charging you different prices or rates for services, but, depending on your request, we may not be able to provide buying, selling and trading services.
Please note that you must verify your identity before we are able to process any of the requests described in this Section, and in our discretion, deny your request if we are unable to verify your identity. As a part of this process, government or other identification may be required. You may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government issued identification, and the authorized agent’s valid government issued identification.
Email & Messages
You may also control the receipt of certain types of communications from GreatDesiDeals. GreatDesiDeals may send you messages about the Services or your activity. Some of these messages are required, service-related messages for members (such as transactional messages or legal notices). Other messages are not required, such as newsletters. You can control which optional messages you choose to receive by unsubscribing using the links in the unwanted emails.
If you no longer wish to use the Services or receive service-related messages (except for legally required notices), then you may close your account.
Cookies
We use non-technically necessary cookies and similar technologies.
You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of the Services may then be inaccessible or not function properly.
Additional Disclosures for California Residents
Notice of Collection
In addition to the Rights & Choices described above, the CCPA requires disclosure of the categories of personal information collected over the past 12 months. While this information is provided in greater detail herein, the categories of personal information that we have collected – as described by the CCPA – are:
- Identifiers, including name, email address, shop name, IP address, and an ID or number assigned to your account.
- Other individual records such as phone number, billing address, credit or debit card information, employment or education information. This category includes personal information protected under pre-existing California law (Cal. Civ. Code 1798.80(e)), and overlaps with other categories listed here.
- Demographics, such as your age or gender. This category includes data that may qualify as protected classifications under other California or federal laws.
- Commercial information, including purchases and engagement with the Services.
- Internet activity, including your interactions with our Services.
- Sensory visual data, such as pictures you post on our Services.
- Geolocation data provided through location enabled services such as WiFi and GPS.
- Inferences, including information about your interests, preferences and favorites.
The Purposes for Our Collection
We collect and use these categories of personal information for our business and commercial purposes described herein, including providing and improving the Services, maintaining the safety and security of the Services, processing purchase and sale transactions, and advertising and marketing services.
Third Party Marketing and Advertising and Your Rights (Opt-Out of “Sale”)
GreatDesiDeals does not sell personal information to third parties for monetary value and we do not share information with third parties for their own marketing purposes absent your specific consent. However, the term “sale” is defined broadly under the California Consumer Privacy Act and includes sharing of personal data with a third party for some value. To the extent that “sale” under the CCPA is interpreted to include interest based advertising or other data uses described herein, we will comply with applicable law as to those activities.
Please note, however, that you may still receive interest based advertising simply by virtue of surfing the internet (See Section 10 herein). GreatDesiDeals is not, and cannot be, responsible for interest based advertising that is not directed towards you as a direct result of using GreatDesiDeals’s Services.
Do Not Track Signals
Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what site and app operators should do with regard to these signals. Accordingly, unless and until the law is interpreted to require us to do so, we do not monitor or take action with respect to “Do Not Track” signals. For more information on “Do Not Track,” visit http://www.allaboutdnt.com.
Shine the Light
Customers who are residents of California may request (i) a list of the categories of personal information disclosed by us to third parties during the immediately preceding calendar year. Although, GreatDesiDeals does not does not share any personal information to third parties for their own direct marketing purposes; and (ii) a list of the categories of third parties to whom we disclosed such information. To exercise a request, please email support@GreatDesiDeals.com and specify that you are making a “California Shine the Light Request.” We may require additional information from you to allow us to verify your identity and are only required to respond to requests once during any calendar year.
Accessibility
If you have a disability and would like to access this policy in an alternative format, please contact us using one of the channels listed herein.
9. Accessing and Correcting Your Information
In addition to the rights discussed in Section 8, you can review and change personal information by logging into the Services and visiting your account profile page.
You may also send us an email at support@GreatDesiDeals.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete all of your personal information, or personal information critical to the Services, except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement, be onerous, or could cause the information to be incorrect.
If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other Website users.
GreatDesiDeals uses your data as disclosed in this policy, as disclosed for other purposes with your consent (or on other legitimate bases), or as necessary for the operation of the Services. If you would like to further limit the use of your data, we are happy to work with you, but may not be able to provide full access to the Services. Please contact us at support@GreatDesiDeals.com to discuss limiting the use of your personal data.
10. Third-Party Use of Cookies and Other Tracking Technologies
Some content or applications on the Website or through our Services are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
11. Data Security
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions and other sensitive information will be encrypted using secure socket layer (SSL) technology. GreatDesiDeals follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and once GreatDesiDeals receives it.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas, like message boards. The information you share in public areas may be viewed by any user of the Services.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website or Services.
12. Data Retention
GreatDesiDeals will retain your information for as long as your account is active or as needed to provide you with the Services. If you no longer want GreatDesiDeals to use your information to provide you with the Services, you may close your account. After closing your account, GreatDesiDeals will solely retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
13. Changes to Our Privacy Policy
It is our policy to post any changes we make to our privacy policy on this page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.
14. Data Breach
If you suspect a data breach, please contact us at support@GreatDesiDeals.com
15. Other Terms of Service
By using GreatDesiDeals, you agree to Youtube’s Terms of Service which are located here as well as the Google privacy policy which is located here.
16. Contact Information
If you have questions, suggestions or complaints in either the United States or the European Union, you may contact GreatDesiDeals by sending an email to support@GreatDesiDeals.com.