Buyer User Agreement
This document is an electronic record in terms of the
Information Technology Act, 2000 and rules made thereunder as applicable and
the amended provisions pertaining to electronic records in various statutes as
amended by the Information Technology Act, 2000. This electronic record is
generated by a computer system and does not require any physical or digital
Your use of the Nearshop.in website (hereinafter referred to as the "Website") and its related sites, services and tools is governed by the terms and conditions as contained in this Agreement applicable to the Website
and for other websites of Nearex Technologies Private Limited and our parent company. This User Agreement for the Website shall come into effect on 00:00 hours, Indian Standard Time 1st Jun 2020 ("User Agreement").
Nearshop.in is an internet E-commerce based portal operated by Nearex Technologies Private Limited; a company incorporated under Companies Act, 1956 having its registered office at Nearex Technologies Private Limited, 184 BMR
Complex, Hennur Cross Road, Bengaluru 560043, Karnataka, India. For the purpose of this User Agreement, Registered User / Guest User and wherever the context so requires, '"You", "Your" shall mean any natural
or legal person who is accessing the Website, its contents and using the services offered on or through the Website and has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while
registering on the Website as a Registered User / Guest User using the digital systems of the Website and accepted this electronic version / electronic record of the User Agreement and has allocated himself/herself a unique
identification user name ("User ID" and "Password") to become a Registered User or has been identified as Guest User by providing phone number and email id. Further, reference to "we", "us",
"our", "Nearshop" and "Nearex" shall mean Nearex Technologies Private Limited and includes its associates, affiliates and parent.
The use of the Website is offered to you conditioned upon Your 'Acceptance' of all the terms, conditions and notices contained in this User Agreement. Upon "Acceptance", this User Agreement shall be effective and binding upon you along with any amendments made by Nearex at its sole discretion and posted on the Website and you shall not claim invalidity of this User Agreement merely on the grounds that this User Agreement is being documented concluded electronically. For the aforesaid purposes, 'Acceptance' shall mean Your affirmative action by clicking on the 'check box' and on the 'continue' button' as provided on the registration page or clicking on 'Buy Now' button or "Place Order" button while transacting as a Guest User or any act which reflects Your use of the Website or the services provided by the Website or any such other actions that imply Your acceptance to the present electronic document. You hereby further agree that this User Agreement is being concluded and executed at Bengaluru. Your use of the Website implies that you agree with the terms of the User Agreement. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and Rules and Policies as displayed on the Website, you may choose to not click on the "check box " and/or on the "continue" button and/or "Buy Now" and/or "Place Order" button and not seek to obtain access to or otherwise use the Website.
When you use any of the services provided by us through the Website, including but not limited to Product Reviews, Seller Reviews etc., you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such services, and they shall be deemed to be incorporated into this User Agreement and shall be considered as part and parcel of this User Agreement. We reserve the right, at our sole discretion, to change, modify, add or remove portions of the User Agreement, at any time without any prior written notice/intimation to you. It is Your responsibility to review this User Agreement periodically for any updates / changes. Your continued use of the Website following subsequent to the posting of updates/changes shall mean that you accept and agree to the revisions. As long as you comply with the provisions of this Agreement, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
By accepting this User Agreement, you also accept and agree to be bound by Nearshop Rules Policies and Privacy Policies as provided from time to time in the following hyperlinks:
1. Policies & Rules.
1. Membership Eligibility
Use of the Website is available only to persons who can perform legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not sell, purchase or bid for any items on the Website except through Your legal guardian or parents who have registered as users on the Website or can use the Website as a Guest User. Nearex reserves the right to terminate Your membership and refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years.
Business entity registration: If you are registering as a business entity, you represent that you are duly authorized to accept this User Agreement and you have the authority to bind Your business/legal entity to this User Agreement.
Guest User: If you are transacting as a Guest User, you shall not be allowed to list/ sell products or services on Website and there could be certain additional restrictions on you as a Guest User for Your purchase and the other functionality of the Website available to you.
2. Your Account and Registration Obligations
If you use the Website as a Registered User, you are responsible for maintaining the confidentiality of Your User ID and Password. If you use the Website as a Guest User, you are responsible for maintaining the confidentiality of Your email ID and phone number and restricting access to Your computer, computer system and computer network. You are responsible for all activities that occur under Your User ID and Password (if registered) or email ID and phone number (if Guest User) as the case may be. Also as a Guest User, you shall ensure the physical security and possession of Your device, the details of which are used to transact services with Nearshop.in. You agree, inter alia, to:
- Provide true, accurate, current and complete information about yourself as prompted by Nearshop.in's registration form or provided by You as a Guest User (such information being the "Registration Data")
- You must include any of Your contact details such as email addresses etc. in Your User ID while registering as a Registered User; and
- Maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times;
- You must immediately notify us of any unauthorized use of Your password or account or any other breach of security, and
- Ensure that You exit from Your account at the end of each session.
If You provide any information that is untrue, inaccurate, not current or incomplete, or Nearex has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement. Nearex has the right to indefinitely suspend or terminate or block access of Your membership with the Website and refuse to provide You with access to the Website. Nearex shall not be liable for any loss or damage arising from Your failure to comply with this Clause 2.
3. Electronic Execution and Communications
When You use the Website or send emails or other data, information or communication to Nearshop.in, You agree and understand that You are communicating with Nearshop.in through electronic records. You consent to receive communications from us electronically. For contractual purposes, You consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the Website and/or your order placed on the Website. We will communicate with You by email or by posting notices on the Website or through any other Nearex services. You agree that all the agreements, notices, disclosures and other communications that we provide to You electronically shall be deemed to be an adequate service of notice/electronic record and satisfy any legal requirement that such communications be in writing.
4. Fees and Services
Membership on the Website is free. Being an Intermediary under the Information Technology Act, Nearex does not charge any fee for browsing and buying on the Website. However, before You list an item for sale through the Website, we request You to review our Seller Policy, which is hereby incorporated by reference into this agreement. Nearex reserves the right to change its Service Fee and Credit policies from time to time at its sole discretion including without limitation right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Any modifications to the Fee and Credit policies shall be posted on the Website and such changes shall become effective immediately. Unless otherwise stated, all fees shall be quoted in Indian Rupees and be payable to Nearex Technologies Private Limited within such time as specified in the invoice.
4.1. Taxes: You are responsible for paying all fees associated with the use of the Website and You agree to bear all and any applicable taxes, charges, cesses etc. levied thereon in accordance with the Law or Government Regulations for the time being in force.
4.2. Non-payment: Nearex reserves the right to issue a warning, temporarily /indefinitely suspend or terminate Your membership of the Website and refuse to provide You with access to all current and future use of the Website in case of non-payment of fees by You to Nearex. Nearex also reserves the right to take legal action in case of non- payment of fees.
5. Use of the Website
5.1. You understand and agree that Nearex and the Website merely provides hosting services to its Registered Users and persons browsing / visiting the Website. All items advertised / listed and the contents therein are advertised and listed by Registered Users and are third party user generated contents. Nearex neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects or modifies the information contained in the transmission. Nearex has no control over the third party user generated contents and does not provide any guarantee with respect to any such contents and Nearex shall not be held liable for any loss suffered by You based on Your reliance on or use of such data/content.
5.2. You agree, undertake and confirm that Your use of the Website shall be strictly governed by the following binding principles:
5.2.1. "Your Information is defined as any information You provide to us or other users of the Website ("Users") in the registration (as Registered User or as Guest User), buying or listing process, in the feedback area or through any e-mail feature. You are solely responsible for Your Information and we act only as a passive conduit for Your online distribution and publication of Your Information.
5.2.3. In terms of Information Technology (Intermediaries Guidelines) Rules, 2011, You agree and undertake that You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
- belongs to another person and to which You do not have any right;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or is fraudulent or involves the sale of counterfeit or stolen items;
- involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
- violates any law for the time being in force;
- deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person/entity;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
- shall not be false, inaccurate or misleading;
shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force. Without prejudice to the generality of the above, Nearex does not permit transactions in the following items including but not limited to categories as stated in the Prohibited and Restricted Items under General Policies and Rules which can be accessed at https://nearshop.in/shopper_policies shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
- shall not link directly or indirectly to or include descriptions of items, goods or services that are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, The Indecent Representation of Women (Prohibition) Act, 1986, Information Technology Act 2000 as amended from time to time and rules there under;
- are identical to other items You have up for auction but are priced lower than Your item's price, the reserve price of the item or minimum bid amount; are concurrently listed for sale on a Website other than the Website;
5.2.5. You represent and confirm that You shall be the sole and exclusive legal owner of all items, goods or products of any description that You wish to offer for sale on the Website. You shall have absolute right, title and authority to deal in and offer for sale such items, goods or products.
5.2.6. In the event that any transaction or attempted transaction relating to any item, good or service which is in violation of this User Agreement or applicable law comes to Your knowledge, You shall take all steps to inform Nearex of the same at [email protected]
5.2.7. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules made there under as applicable and as amended from time to time and also all applicable Domestic Laws, Rules and Regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of our service and Your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including Exchange Control Laws or Regulations for the time being in force. In particular You shall ensure that if any of Your items listed on the Website qualifies as an "Antiquity" or "Art treasure" as defined in the Antiquities and Art Treasures Act, 1972 ("Artwork"), You shall indicate that such Artwork is "non-exportable" and sold subject to the provisions of said Act, and shall ensure that it is not delivered to the Buyer (as defined under the Buying section) at any place outside India.
5.2.8. You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any item or services being sold or purchased on the Website.
5.2.9. From time to time, You shall be responsible for providing information relating to the items or services proposed to be sold by You. In this connection, You undertake that all such information shall be correct and accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner. It may be possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It may also possible for others to obtain personal information about You due to Your use of the Website, and that the recipient may use such information to harass or injure You. We do not approve such unauthorized use, but by using the Website, You acknowledge and agree that we are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
5.2.10. You shall not attempt to or circumvent or manipulate our Fee structure, the billing process or Fees owed to Nearex.
5.2.11 You agree that You or any of your affiliates, Subsidiaries, associate partners to your knowledge, any of your officers , directors or employees or vendors have not (i) made or offered to make or receive any direct or indirect payments in violation of any applicable Indian law including anti- bribery and anti- corruption laws and other laws (for eg. U.S Foreign Corrupt Practices Act and the U.K Bribery Act 2010), including any contribution, payment, commission, rebate, promotional allowance or gift of funds, property or any other economic benefit in cash or kind or thing of value to or from any employee, official or agent of any employee, official or agent of any Governmental Authority where such an activity amounts to be illegal and in violation of applicable laws. If You have reasonable suspicion of the existence of such conduct, You shall immediately inform Nearex of such knowledge and if requested by Nearex, provide to Nearex such information it may reasonably require regarding such conduct. Nearex shall also have the right to audit periodically merchant/sellers, if need be in compliance of the above. Nearex shall upon knowledge of such activities have the right to suspend or terminate the services without prior written notice should it become aware of a breach by the User of the representation and warranty given hereinabove.
6. Platform for Communication
NEAREX'S ROLE IS THAT OF AN INTERMEDIARY IN THE FORM OF AN ONLINE MARKETPLACE AND IS LIMITED TO MANAGING THE WEBSITE TO ENABLE SELLER TO EXHIBIT, ADVERTISE, DISPLAY, MAKE AVAILABLE AND OFFER TO SELL THE PRODUCTS AND TO ENABLE BUYER TO PURCHASE THE PRODUCTS SO OFFERED, AND OTHER INCIDENTAL SERVICES TO FACILITATE THE TRANSACTIONS BETWEEN SELLERS AND THE BUYERS. ACCORDINGLY, THE CONTRACT FOR SALE OF ANY OF THE PRODUCTS SHALL BE A BIPARTITE CONTRACT BETWEEN SELLER AND THE BUYER. AT NO TIME SHALL NEAREX HAVE ANY OBLIGATIONS OR LIABILITIES IN RESPECT OF SUCH CONTRACT NOR SHALL NEAREX HOLD ANY TITLE IN THE PRODUCTS. THE TITLE IN THE PRODUCTS AND OTHER RIGHTS AND INTERESTS IN THE PRODUCTS SHALL DIRECTLY PASS TO THE BUYER FROM THE SELLER.
6.1. Nearex does not control, endorse or accept responsibility for any product (including but not limited to product catalogues) proposed to be sold or offered to be sold or purchased on the website or any linked sites. Nearex makes no representations or warranties whatsoever about, and shall not be liable for the Seller or any such third parties, their products including representations relating to merchantability, fitness of a product or service for a particular purpose, warranty as to specific products and non-infringement of third party intellectual property rights. Any transactions that the Buyer may have with such third parties are at Buyer's own risk. The products shall be subject to Seller's terms and conditions for warranty, service and maintenance, and Nearex does not accept any responsibility for the same. Nearex also does not accept any responsibility for the usage of the products by the Buyer.
6.2 Nearex specifically disclaims any liability with regard to any illegal, infringing, fake, duplicate, spurious, defective or counterfeit, refurbished, expired products purchased by the Buyer from the Seller and Nearex shall not assume any liability if the product purchased or availed by the Buyer from the Seller is not exactly as per specifications detailed in the purchase confirmation of the order.
6.3 All commercial / contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial / contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties and after sales services related to goods and services. Nearex 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 Buyers and Sellers.
6.4. Nearex is not responsible for any non-performance or breach of any contract entered into between Users (includes Registered User or Guest User). Nearex cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Website. Nearex shall not and is not required to mediate or resolve any dispute or disagreement between Users.
6.5. Nearex does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that respect.
6.6 Nearex does not warrant that the sale price provided by the Seller of the product is accurate, proper and valid. Any error in the sale price shall be solely attributed to the Seller and not to Nearex. Prices, Product description and availability of the Product are Seller's responsibility.
6.7. Nearex does not at any point of time during any transaction between the Buyer and the Seller on the Website come into or takes of any of the goods or services offered by Seller nor does it at any point gain title to or have any rights or claims over the goods or services offered by the Seller to the Buyer. Nearex may provide fulfillment and logistics services to certain merchants/Sellers but still does not take possession or title of any product or service sold.
6.8 Buyer expressly acknowledges that the Seller selling the defective Product will be responsible to the Buyer for any claims that the Buyer may have in relation to such defective Product and Nearex shall not in any manner be held liable for the same.
6.6. The Website is only a venue through which Users can reach a larger base to buy and sell items or services. Nearex is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall any right, title or interest over the items vest with Nearex nor shall Nearex have any obligations or liabilities in respect of such contract for sale. Nearex is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items, which are out of stock, back ordered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply as offered by the Sellers.
6.7. At no time shall any right, title or interest over the items vest with Nearex nor shall Nearex have any obligations or liabilities in respect of such contract. Nearex is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable.
6.8. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other Users that You transact with.
6.9. You release and indemnify Nearex and/or any of its shareholders, directors, officers, affiliates, employees and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that You may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Nearex cannot control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website. Please note that there may be risks in dealing with foreign nationals, underage persons or people acting under false pretense.
Disclaimer: You acknowledge and undertake that You are accessing the services on the Website and transacting at Your own risk and are using Your best and prudent judgment before entering into any transactions through the Website. We shall neither be liable nor responsible for any actions or inactions of Sellers nor any breach of conditions, representations or warranties by the Sellers or manufacturers of the products and hereby expressly disclaim any and all responsibility and liability in that regard.
We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to You as a result of such sharing of information, unless You explicitly opt-out.
We may disclose personal information to third parties. This disclosure may be required by us to provide You with the access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose Your personal information to third parties for their marketing and advertising purposes without Your explicit consent.
Without limiting other remedies, Nearex may limit Your activity, immediately remove Your information or end Your listing, warn other Users of Your actions, temporarily/indefinitely suspend or terminate or block Your membership, and/or refuse to provide You with the access to the Website in the event, but not limited to:
- If Nearex is unable to verify or authenticate any information provided by You; or
- If it is believed that Your actions may cause legal liability for other Users or Nearex. We may at any time at our sole discretion reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with Nearex or use the Website in any manner whatsoever until such time that such User is reinstated by Nearex. Notwithstanding the foregoing, if You breach the User Agreement or any other documents it incorporates by reference, Nearex reserves the right to recover any amounts due and owing by You to Nearex and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against You.
All purchases on the Website are a firm commitment to purchase. If You are the purchaser for any item, You are obligated to complete the transaction with the Seller.
By purchasing on an item You agree to be bound by the conditions of sale included in the item's description (or linked to from the description) so long as those conditions of sale are not in violation of the User Agreement or are unlawful. In case of consumer goods, the Sellers on the Website may or may not specify the retail prices of the items being sold. You are advised to independently verify the retail prices of such items if You so desire.
Nearex strongly advises You not to test the Website with false purchases, as it will put You at substantial personal legal risk. It is an offence to use a false name, other false personal information or a known invalid/ unauthorized credit/ debit/ cash card and such other infrastructure directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator. Willfully entering erroneous or fictitious bids may result in prosecution by Nearex.
Please note that in the event any inaccurate information is provided by You regarding Your identity, Your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify You. If You are a registered Buyer on the Website we encourage You to post feedback for the Seller after the transaction is closed.
In case of purchase of an Artwork which is marked as "non-exportable" on the Website or it is illegal to export the same, You agree that the Artwork shall not be exported out of India or otherwise dealt in any such manner which shall be in contravention of any law for the time being in force or any rules, regulations, notifications and orders passed there under.
10. Fulfillments and Shipping
Nearex from time to time may offer certain fulfillment services to Sellers, however, Sellers remain responsible for the overall shipping quality, delivery, and cost of shipping. Nearex may provide pick-up and delivery services to Sellers but all of these services are provided as contract or outsourced services on behalf of the merchants. At no time, Nearex takes title or ownership of any product or inventory.
11. Buyer Protection at Nearex
Nearex does not permit the merchants to sell duplicate, spurious, knock-offs or grey channel items. Merchant guarantees to sell only genuine products to customers through Nearex. All Merchants listing their products on Website are required to enter into an agreement to list and sell only genuine products. We also encourage the merchants to extend all the warranties, guarantees as entailed in the product by the Merchant/Seller to You. It is however clarified that the Nearex seeks to ensure the aforesaid only on a best endeavor basis and does not assure or provide any personal warranties or assumes and liability or responsibility pertaining to the genuineness and authenticity of the products and/or the Seller, for which the Seller shall be solely responsible and liable.
If Nearex gains suspicion or knowledge, that any of its members are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then Nearex may while reserving its rights to initiate civil and/or criminal proceedings against member may also at its sole discretion suspend, block, restrict, cancel the user id of Registered User and such necessary action against the Guest User of such member and/or disqualify that member and any related members from availing protection through this program.
Nearex reserves its right to initiate civil and/or criminal proceedings against a user who, files an invalid and/or false claim or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Nearex may at its sole discretion suspend, block, restrict, cancel the User ID [and its related user ids] of such user and/or disqualify that member and any related members from availing protection through this program.
Any person who, knowingly and with an intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information shall be guilty of a criminal offence and will be prosecuted to the fullest extent under the law.
Nearex uses third party payment providers to receive payments from the Buyers on Seller's behalf. Nearex is not responsible for delays or erroneous transaction execution or cancellation of orders due to payment issues. Nearex takes utmost care to work with 3rd party payment providers, but does not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers.
13. No Warranty
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEAREX WILL HAVE NO LIABILITY RELATED TO USER CONTENT AND / OR THIRD PARTY CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. NEAREX ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT AND / OR THIRD PARTY CONTENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW NEAREX WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. NEAREX HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT NEAREX NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. NEAREX SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, NEAREX SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND NEAREX 'S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. NEAREX ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
14. Limitation of Liability
In no event shall Nearex or its suppliers, affiliates, service providers and their respective officers, directors, employees, partner be liable for any direct, indirect, incidental, special, incidental, consequential , exemplary or punitive damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses or based on any theory of liability including breach of contract or warranty, negligence or other tortious action or any other claim arising out of or in connection with Your use of or access to the Website, its services, content or this agreement (however arising, including negligence).
Nearex's entire and aggregate liability in any circumstance including these terms and conditions shall not exceed the greater of Indian Rupees One Hundred One (INR 101) or the amount of fees, if any, paid by You to Nearex under the relevant order to which the cause of action for the liability related. Nearex, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, Nearex assumes no liability whatsoever for any monetary or other damage suffered by You on account of:
- Delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website;
- Any interruption or errors in the operation of the Website.
You agree to indemnify and hold harmless Nearex and (as applicable) Nearex 's parent, subsidiaries, affiliates, third-parties and their respective shareholders, officers, directors, agents, and employees, from any losses, liabilities, damages, costs and expenses, claims or demand, or actions including reasonable attorneys' fees asserted against or incurred by Nearex, made by any third party arising out of Your breach or non-performance of terms of the User Agreement, Nearex's Rules and Policies, or the documents they incorporate by reference, or Your violation of any law, rules or regulations or the rights of a third party.
Nearex may notify You of any claims which You shall be liable to indemnify Nearex against. You will then be required to consult with Nearex regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of Nearex without the express prior written consent of Nearex which can be withheld or denied or conditioned by Nearex in its sole discretion.
16.1. None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between You and Nearex and You shall have no authority to bind Nearex in any manner whatsoever.
16.2. Notices: Except as explicitly stated otherwise, any notices shall be given by postal mail on behalf of Nearex to Nearex Technologies Private Limited Attn: Legal Department, at Nearex corporate office situated at 184 BMR Complex , Hennur Cross Road, Bengaluru 560043, Karnataka, India, (in the case of Nearex) or to the email address You provide to us during the registration process (in Your case). Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
16.3. Severability: If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
16.4. Entire Agreement: This Agreement sets forth the entire understanding and agreement between You and Nearex with respect to the subject matter hereof.
16.5. Assignment: You cannot assign or otherwise transfer this User Agreement, or any rights granted hereunder to any third party. Nearex may transfer its rights and obligations (also known as "assign") under this Agreement without Your prior express consent, provided that Nearex assigns the Agreement on the same terms or terms that are no less advantageous to You.
If any dispute arises between You and Nearex during Your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Nearex. The place of arbitration shall be Bengaluru, India. The arbitration proceedings shall be in the English Language and shall be governed by Arbitration & Conciliation Act, 1996.
18. Governing Law
The User Agreement or the documents they incorporate by reference shall be governed and construed in accordance with the laws of India. All disputes arising under this User Agreement between You and Nearex shall be subject to the exclusive jurisdiction of courts at Bengaluru, India.