TERMS AND CONDITIONS
1.The terms and conditions published herein is an electronic record in terms of Information Technology Act, 2000 and rules there under 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 signatures.
3. The domain name www.nearshop.in (hereinafter referred to as “Website”) is owned by NEAREX TECHNOLOGIES PRIVATE LIMITED (hereinafter referred to as “NEAREX”) a company incorporated under the Companies Act, 1956 with its registered office at 184 BMR COMPLEX, HENNUR CROSS ROAD, BANGALORE 560 043, KARNATAKA,INDIA.
4. Buyer’s use of the Website and services and tools are governed by the following terms and conditions as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If the Buyers transact on the Website, The Buyers shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, The Buyers shall be impliedly contracting with NEAREX and these terms and conditions including the policies constitute Buyer’s binding obligations, with NEAREX.
5. For the purpose of these Terms and Conditions, wherever the context so requires “Buyer” shall mean any natural or legal person who has agreed to become a buyer at any of offline B2C stores listed on Nearshop.in(“Stores”), or on the Website by providing Registration Data while registering on the Website as Registered Buyer using the computer systems. NEAREX allows the Buyer to surf the Website without registering on the Website, however to make purchases, the Buyer must be registered on the Website.
6. When The Buyers use any of the services provided by NEAREX through the Website, including but not limited to, (e.g. Product Reviews), The Buyers will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms and Conditions and shall be considered as part and parcel of this Terms and Conditions. NEAREX reserves the right, at NEAREX’S sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time without any prior written notice to The Buyers. It is Buyer’s responsibility to review these Terms and Conditions periodically for updates / changes. Buyer’s continued use of the Website following the posting of changes will mean that The Buyers accept and agree to the revisions. As long as The Buyers comply with these Terms and Conditions, NEAREX grant The Buyers a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
A. Usage of, and purchases at the Website/Stores is available only to persons who can form 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, persons of unsound mind, un-discharged insolvents etc. are not eligible to use the Website. If the Buyers are a minor i.e. under the age of 18 years, the Buyers shall not register on the Nearshop.in website and shall not transact on or use the website. As a minor if the Buyers wish to use or transact on the website, such use or transaction may be made by Buyer’s legal guardian or parents on the Website. NEAREX reserves the right to terminate Buyer’s membership and / or refuse to provide the Buyers with access to the Website if it is brought to NEAREX’s notice or if it is discovered that the Buyers are under the age of 18 years.
B. All persons wishing to use, register on, and purchase at the Website/Stores shall provide the following information –
b. Mobile Number or Email ID
c. Pin Code (mandatory for Website, optional for Stores)
9. Buyer’s Account and Registration Obligations
If The Buyers use the Website and register as a buyer, The Buyers shall be responsible for maintaining the confidentiality of Buyer’s Display Name and Password and The Buyers shall be responsible for all activities which occur under Buyer’s Display Name and Password. The Buyers agree that if The Buyers 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 this Terms and Conditions, NEAREX shall have the right to indefinitely suspend or terminate or block access of Buyer’s membership on the Website and refuse to provide The Buyers with access to the Website.
When The Buyers use the Website or send emails or other data, information or communication to us, The Buyers agree and understand that The Buyers are communicating with NEAREX through electronic records and The Buyers consent to receive communications via electronic records from NEAREX periodically and as and when required. NEAREX may communicate with the Buyers by email or by such other mode of communication, electronic or otherwise.
11. Platform for Transaction and Communication
The Website is a platform that Buyers utilize to discover NEAREX products and to show interest in purchasing these products.
A. All commercial/contractual terms are offered by and agreed to between the Buyers and NEAREX. The commercial/contractual terms include without limitation, price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services.
B. The Buyers can take a close look at the Website for a complete description of the products. In spite of NEAREX doing its best to describe and present the articles being sold on the website as accurately as possible, some product characteristics may be altered slightly. Despite all precautions by NEAREX, there may be inadvertent errors, and NEAREX shall not under any circumstances be held liable should this arise. The photographs of products shown on the Website are not contractually binding. Under no circumstances may NEAREX be held liable on the basis of said photographs or description of the products being sold. NEAREX also does not make any representation or Warranty as to specifics (such as quality, value, saleability, etc.) of the products to be sold or offered to be sold or purchased on the Website.
C. The Buyer shall be responsible for any non-performance or breach of any contract entered into between Buyer and NEAREX.
D. NEAREX attempts to keep the elements mentioned on its website accurate and complete. In particular the information about pricing, specifications and in general case all information about NEAREX’s products is subject to change without notice. It is possible that there could be errors or omissions in the information provided in this website. The information could also be incomplete. NEAREX is not responsible for any errors, omissions or representations on any of Website pages or any links on any of Website pages.
E. Disclaimer: The prices displayed on products are expressed in Indian Rupees and shall include all taxes applicable by law. Product prices shall not include delivery charges, the cost of certain forms of packing or charges for certain optional services selected by the Customer. NEAREX shall have the right to refuse or cancel any orders placed by the Customer. Pricing on any product(s) as is reflected on the Website may be subjected to some technical issue, typographical error or product information published may be incorrectly reflected and in such an event NEAREX may cancel Buyer’s order(s).
F. The Buyers release and indemnify NEAREX and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Buyers of the Website and specifically waive any claims that the Buyers may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, NEAREX cannot take responsibility or control the information provided by other Buyers which is made available on the Website. The Buyers may find other Buyer’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
G. Please note that there could be risks in dealing with underage persons or people acting under false pretence.
H. Unless otherwise specified explicitly, all Terms and Conditions entailed herein are enforceable to Buyer’s visit or purchase at stores listed on the Website.
Membership on the Website is free for buyers. NEAREX does not charge any fee for browsing and buying on the Website. NEAREX reserves the right to change its Fee Policy from time to time. In particular, NEAREX may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event NEAREX reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. The Buyers shall be solely responsible for compliance of all applicable laws including those in India for making payments to NEAREX.
14. Use of the Website/Stores
The Buyers agree, undertake and confirm that Buyer’s use of Website shall be strictly governed by the following binding principles:
A. The Buyers shall not host, display, upload, modify, publish, transmit, update or share any information which:
a. belongs to another person and to which The Buyers does not have any right to;
b. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or envisaging 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;
c. is misleading in any way or threatens to defame or harm the goodwill of NEAREX;
d. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
e. harasses or advocates harassment of another person;
f. involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
g. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
h. infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
i. promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
j. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
k. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
l. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
m. contains video, photographs, or images of another person (with a minor or an adult).
n. tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other Buyers;
o. engages in commercial activities and/or sales without NEAREX’s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the Website. Throughout this Terms and Conditions, NEAREX’s prior written consent means a communication coming from NEAREX’s Legal Department, specifically in response to Buyer’s request, and specifically addressing the activity or conduct for which The Buyers seek authorization;
p. solicits gambling or engages in any gambling activity which We, in NEAREX’s sole discretion, believes is or could be construed as being illegal;
q. interferes with another Buyer’s use and enjoyment of the Website or any other individual’s Buyer and enjoyment of similar services;
r. refers to any website or URL that, in NEAREX’s sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms and Conditions.
s. harm minors in any way;
t. infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent;
u. violates any law for the time being in force;
v. deceives or misleads the addressee/ Buyers about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
w. impersonate another person;
x. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resoursce; 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;
y. threatens the unity, integrity, defence, 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.
z. shall not be false, inaccurate or misleading;
aa. shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the 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.
bb. shall not create liability for NEAREX or cause NEAREX to lose (in whole or in part) the services of NEAREX’s internet service provider (“ISPs”) or other suppliers;
B. The Buyers shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. NEAREX reserves the right to bar any such activity.
C. The Buyers shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
D. The Buyers shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. The Buyers may not reverse look-up, trace or seek to trace any information on any other Buyer of or visitor to Website, or any other customer, including any account on the Website not owned by The Buyers, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Buyer’s own information, as provided for by the Website.
E. The Buyers shall not make any negative, denigrating or defamatory statement(s) or comment(s) about NEAREX or the brand name or domain name used by NEAREX including but not limited to the terms “NEAREX”, “Nearshop.in”, or otherwise engage in any conduct or action that might tarnish the image or reputation of NEAREX on platform or otherwise tarnish or dilute any NEAREX’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. The Buyers agree that they will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or NEAREX’s systems or networks, or any systems or networks connected to NEAREX.
F. The Buyers agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
G. The Buyers may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal The Buyers send to NEAREX, on or through the Website or any service offered on or through the Website. The Buyers shall not pretend that The Buyers are, or that The Buyers represent, someone else, or impersonate any other individual or entity.
H. The Buyers may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of NEAREX and / or others.
I. The Buyers shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder 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, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Buyer’s use of NEAREX’s service and Buyer’s listing, purchase, solicitation of offers to purchase, and sale of products or services. The Buyers 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.
K. The Buyers shall be responsible to up keeping the providing information relating to the products proposed to be sold by Us. In this connection, The Buyers undertake that all such information shall be secured in all respects. The Buyers shall not defame the attributes of such products or services so as to mislead other Buyers in any manner.
L. The Buyers shall not engage in advertising to, or solicitation of other Buyers of the Website to buy any products, including, but not limited to, products or services related to that being displayed on the Website or related to us. The Buyers may not transmit any chain letters or unsolicited commercial or junk email to other Buyers via the Website. It shall be a violation of these Terms and Conditions to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person without NEAREX’s prior explicit consent. In order to protect NEAREX’s Buyers from such advertising or solicitation, NEAREX reserve the right to restrict the number of messages or emails which a Buyer may send to other Buyers in any 24-hours period which NEAREX deems appropriate in its sole discretion. The Buyers understand that NEAREX have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, NEAREX can (and The Buyers hereby expressly authorize NEAREX to) disclose any information about The Buyers to law enforcement or other government officials, as we, in NEAREX’s sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
M. NEAREX reserves the right, but has no obligation, to monitor the materials posted on the Website. NEAREX shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms and Conditions. Notwithstanding this right, THE BUYERS REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS THE BUYERS POST ON THE WEBSITE AND IN BUYER’S PRIVATE MESSAGES. In no event shall NEAREX assume or have any responsibility or liability for any Content posted by another Buyer or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. The Buyers hereby represent and warrant that the content the Buyers publish on the Website shall not infringe any proprietary or other rights of NEAREX or any third parties or contain any libellous, tortious, or otherwise unlawful information.
N. Buyer’s correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products, and any other terms, conditions, warranties or representations associated with such dealings, are solely between The Buyers and such advertiser. NEAREX shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
O. It is possible that other Buyers (including unauthorized Buyers or “hackers”) may post or transmit offensive or obscene materials on the Website and that The Buyers may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about The Buyers due to Buyer’s use of the Website, and that the recipient may use such information to harass or injure The Buyers. NEAREX does not approve of such unauthorized uses, but by using the Website The Buyers acknowledge and agree that NEAREX is not responsible for the use of any personal information that The Buyers publicly disclose or share with others on the Website. Please carefully select the type of information that The Buyers publicly disclose or share with others on the Website.
P. NEAREX shall have all the rights to take necessary action and claim damages that may occur due to Buyer’s involvement/participation in any way on Buyer’s own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Q. The Buyers shall not have the right to resell any of the products purchased from Nearshop.in unless such right is expressly granted to the Buyer in writing by NEAREX.
R. NEAREX reserves the right to restrict the sale of goods/services.
15. Contents Posted on Website
A. In relation to the products offered on the website, the text, graphics, Buyer interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Content”), is NEAREX generated content.
B. Except as expressly provided in these Terms and Conditions, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without NEAREX’s express prior written consent.
C. The Buyers may use information on the products and services purposely made available on the Website for downloading, provided that The Buyers (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for Buyer’s personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
B. NEAREX may share personal information with NEAREX’s other corporate entities and affiliates. These entities and affiliates may market to the Buyers as a result of such sharing unless the Buyers explicitly opt-out.
C. NEAREX may disclose personal information to third parties. This disclosure may be required for us to provide the Buyers access to NEAREX’s Services, to comply with NEAREX’s legal obligations, to enforce NEAREX’s Buyer Agreement, to facilitate NEAREX’s marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to NEAREX’s Services. NEAREX does not disclose Buyer’s personal information to third parties for their marketing and advertising purposes without Buyer’s explicit consent.
17. Disclaimer of Warranties and Liability
A. This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to The Buyers through this site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, NEAREX does not warrant that:
a. This Website will be constantly available, or available at all; or
b. The information on this Website is complete, true, accurate or non-misleading.
B. NEAREX will not be liable to The Buyers in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. NEAREX does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to The Buyers through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
C. Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to The Buyers.
D. The Buyers will be required to enter a valid phone number while placing an order on the Website. By registering Buyer’s phone number with us, The Buyers consent to be contacted by NEAREX via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. NEAREX will not use Buyer’s personal information to initiate any promotional phone calls or SMS.
A. While availing any of the payment method/s available at the Website/Store, NEAREX will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to The Buyers due to:
a. Lack of authorization for any transaction/s, or
b. Exceeding the pre-set limit mutually agreed by The Buyers and between “Bank/s”, or
c. Any payment issues arising out of the transaction, or
d. Decline of transaction for any other reason/s
B. All payments made against the purchases/services on Website/Store by the Buyers shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website/Stores will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.
C. Before shipping / delivering Buyer’s order to the Buyers, NEAREX may request the Buyers to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by the Buyers for Buyer’s purchase. This is done in the interest of providing a safe online shopping environment to NEAREX’s Buyers.
Transaction Price and all commercial terms such as Delivery, Dispatch of
products and/or services are as per principal to principal bi partite
contractual obligations between Buyer and NEAREX and Payment Facility is
merely used by the Buyer and NEAREX to facilitate the completion of the
E. The Buyers have specifically authorized NEAREX or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and from other Buyers in respect of transactions through Payment Facility. Buyer’s relationship with NEAREX is on a principal to principal basis.
F. The Buyers understand, accept and agree that the Payment Facility provided by NEAREX is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the NEAREX Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, NEAREX is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
G. NEAREX does not provide any credit facilities.
H. All prices displayed on the Website or at the Stores are final and no further discounts or facilities are available for any customer
19. Payment Facility for Buyers:
A. The Buyers understand that upon initiating a Transaction the Buyers are entering into a legally binding and enforceable contract with NEAREX to purchase the products using the Payment Facility (a mechanism to pay through card, cash, or online medium), and the Buyers shall pay the Transaction Price through Buyer’s Issuing Bank to NEAREX using Payment Facility.
B. The Buyers may agree with NEAREX through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
C. The Buyers shall electronically notify Payment Facility using the appropriate NEAREX Website features immediately upon Delivery or non-Delivery within the time period as provided in Policies. Non notification by The Buyers of Delivery or non-Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash on Delivery transactions, Buyer is not required to confirm the receipt of products or services.
D. The Buyers shall be entitled to claim a refund of the Transaction Price (as Buyer’s sole and exclusive remedy) in case The Buyers do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case the Buyers do not raise a refund claim using Website features within the stipulated time than this would make The Buyers are ineligible for a refund.
E. The Buyers understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence The Buyers may not be entitled to a refund in respect of the Transactions for those products and /or services.
F. Except for Cash payment at Stores and Cash on Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received.
G. For Cash on Delivery transactions, refunds, if any, will be made via demand draft in favour of the Buyer (As per registration details provided by the Buyer)
H. Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
I. For electronics payments, refund shall be made through Payment Facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
J. Refund shall be conditional and shall be with recourse available to NEAREX in case of any misuse by Buyer.
K. Refund shall be subject to Buyer complying with Policies.
L. NEAREX reserves the right to impose limits on the number of Transactions or Transaction Price which NEAREX may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by RBI to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
M. NEAREX reserves the right to refuse process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with NEAREX or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
N. NEAREX may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of NEAREX. As a result of such check if NEAREX is not satisfied with the creditability of the Buyer or genuineness of the Transaction / Transaction Price, it will have the right to reject the receipt of / Buyers commitment to pay Transaction Price.
O. NEAREX may delay notifying the payment confirmation i.e. delay to Dispatch, if NEAREX deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, NEAREX may hold Transaction Price and NEAREX may not Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
P. The Buyer and Seller acknowledge that NEAREX will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of NEAREX.
20. Compliance with Laws:
Buyer shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and NEAREX Website.
21. Buyer’s arrangement with Issuing Bank:
A. All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
B. All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Buyers. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
22. Replacement Policy
The Buyer undertakes to take all the necessary measures to preserve in good condition all the products ordered.
Most of the NEAREX products are covered by warranty as specified on the product or its packaging or by as specified by the Store at the time of sale. However, this warranty shall not apply in the case of natural wear and tear of the product, damage caused by negligent use of the product, or by use in a manner for which the product was not intended.
C. The 7 Day Replacement Guarantee seeks to assist Buyers who have received defective goods due to purchase on the Website. If at the time of delivery and/or within 7 days from the date of delivery of the product/s, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s from NEAREX subject to the following terms and conditions:
a. Notify NEAREX of any defects in the product/s at the time of delivery of the product/s and/or within 90 days from the date of delivery and the same product/s will be replaced in return of the defective product/s.
b. Replacement can be for the entire product/s or part/s of the product subject to availability of the same with NEAREX.
Following products shall not be eligible for return or replacement:
· Damages due to misuse of product;
· Incidental damage due to malfunctioning of product;
· Any consumable item which has been used/installed;
· Products with tampered or missing serial/UPC numbers;
· Digital products/services;
· Any damage/defect which are not covered under the NEAREX warranty policy;
· Any product that is returned without all original packaging and accessories, including the box, packaging if any, and all other items originally included with the product/s delivered;
D. On Clothing, and footwear, NEAREX accepts 7 day exchange subject to the following conditions:
a. Clothes and footwear are not used (other than for trial), altered, washed, soiled or damaged in any way.
b. Original tags and packaging should be intact. For items that come in packaging, the box should be undamaged.
c. Damaged or defective clothing and footwear products are covered by the 30 Day Replacement Guarantee.
E. If NEAREX has suspicion or knowledge, that any of its buyers 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 such person may also at its sole discretion suspend, block, restrict, cancel the Display Name of such buyer and /or disqualify that Buyer and any related Buyers from availing protection through this program.
F. NEAREX reserves its right to initiate civil and/or criminal proceedings against a Buyer who, files an invalid and/or false claims 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 Display Name[and its related Display Names]
of such Buyer and/or disqualify that Buyer and any related Buyers from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
23. Profanity Policy
A. NEAREX prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.
B. This policy extends to text within listings, on Seller pages and all other areas of the site that another Buyer may view. If the profane words are part of a title for the item being sold, NEAREX will ‘blur’ out the bulk of the offending word with asterisks (i.e., s*** or f***).
C. Please report any violations of this policy to the correct area for review:
a. Report offensive Display Names
b. Report offensive language in a listing or otherwise
D. If a feedback comment; or any communication made between Buyers on the Website; or email communication between Buyers in relation to transactions conducted on Website contain profanity, please review NEAREX’s feedback removal policy and submit a request for action/removal.
E. Disciplinary action may result in the indefinite suspension of a Buyer’s account, temporary suspension, or a formal warning.
F. NEAREX will consider the circumstances of an alleged policy violation and the Buyer’s trading records before taking action.
G. Violations of this policy may result in a range of actions, including:
a. Limits placed on account privileges;
b. Loss of special status;
c. Account suspension.
B. NEAREX is not responsible for injury to person, or the damage or loss of personal items, occurring at the Store premises, play grounds and parking area of NEAREX.
25. Applicable Law
Terms and Conditions shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Bangalore.
26. Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the material on the Website/Store is presented solely for the purpose of sale in India. NEAREX make no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and NEAREX is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
27. Intellectual Property
NEAREX is the owner of all the rights of intellectual property attached to the products ordered by the Buyers. NEAREX reserves the right to proceed to the necessary formalities with the aim of their protection on the Territory. NEAREX undertakes to the Buyers a non-exclusive right of use on the brands and Protected Elements owned by NEAREX. The Buyer recognises the existence and validity of the trademark applications or registrations and use of NEAREX’s products and undertakes never to challenge their validity, registration and use in the Territory. The Buyer undertakes not to derive any right from the use of NEAREX’s products and undertakes never to attempt to register, directly in his name or indirectly by a third party, any identical or confusingly similar trademark or internet domain name that may infringe NEAREX’s trademarks or constitute unfair competition. In case the Buyer applies for or uses any identical or similar trademark or domain name to NEAREX’s products, they shall immediately take all necessary actions, at their own expense, to cancel or transfer the infringing trademarks or domain names to NEAREX upon NEAREX’s first demand. The Buyers undertake to inform and to immediately notify NEAREX of illicit imitation and more generally of any unfair competition practices based on the Protected Elements.
28. Trademark, Copyright and Restriction
This site is controlled and operated by NEAREX and products are sold by NEAREX. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Buyer’s personal, non-commercial use. The Buyers must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and The Buyers must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which The Buyers receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
29. IPR complaint
In case The Buyers feel that an IPR has been infringed, The Buyers can write to NEAREX at email@example.com.
30. Product Description
NEAREX does not warrant that Product description or other content of this Website/Stores are completely accurate, complete, current, or error-free and assumes no liability in this regard.
31. Limitation of Liability
IN NO EVENT SHALL NEAREX BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS AND CONDITIONS, EVEN IF BUYER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
32. Contact Us
Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website at firstname.lastname@example.org
33. Grievance officer
In accordance with Information Technology Act 2000 and rules made there under, the contact details of the Grievance Officer are provided below:
NEAREX TECHNOLOGIES PRIVATE LIMITED
184 BMR COMPLEX, HENNUR CROSS ROAD
BANGALORE 560 043
A. Definition: Replacement is the action or process of replacing something in place of another. A Buyer can request for replacement whenever he is not happy with the item, reason being damaged in shipping, Defective item, Item(s) missing, wrong item shipped and the like.
B. Points to be noted:
a. NEAREX may accept the return irrespective of the policy.
b. NEAREX reserves the right to reject a replacement request.
C. Buyer need to raise the replacement request within 10 days from the date of delivery of products. Once Buyer has raised a replacement request by contacting NEAREX on the number provided on the Website or the product. Once the replacement request has been raised, the following steps shall be followed:
a. Buyer is asked for “Reason for Return”. Among others, the following are the leading reasons:
· Shipping was damaged
· Item was defective
· Item(s) were missing
· Wrong item sent
b. An intimation must be provided to NEAREX seeking either “approval” or “rejection” of the replacement request.
c. In case NEAREX accepts the replacement request, Buyer shall be required to return the product to NEAREX and only after return of the product, NEAREX shall be obliged to provide the replacement product to the Buyer.
D. In case NEAREX doesn’t have the product at all, NEAREX can provide the refund to the Buyer and Buyer shall be obligated to accept the refund in lieu of replacement. All the product parameters shall be required to be complied with in cases of replacement.
E. All shipping and other replacement charges shall be borne and incurred by the Buyer (if applicable).
A. Buyers can cancel your order online before the product has been shipped. The Buyer’s entire order amount will be refunded. In case the item the Buyers have ordered has been shipped but has not yet been delivered to the Buyer, the Buyer may still cancel the order online. The Buyer’s refund will be processed once NEAREX receives the originally ordered item back from the courier. Unfortunately, an order cannot be cancelled once the item has been delivered to the Buyer. There is no cancellation applicable for purchases made at Stores listed on Website.
B. In order to Cancel the order, the Buyer can login to the website and click on Return/Exchange/Cancel order link in My Account section. Enter the order details and submit. Once NEAREX receives the request, NEAREX will initiate the cancellation request.
C. Shipping charge will be refunded only if the entire order is cancelled. However for a partial cancellation, NEAREX does not have a refund for the shipping charge.
D. The refund will be credited back to the payment mode/account that was originally used to make the transaction.
36. Disputes (Resolutions) Policy
Generally, transactions are conducted smoothly on the Website/Stores. However there may be some cases where both the Buyers and NEAREX may face issues. NEAREX’s Dispute Resolution Process is as follows –
When there is a dispute between the Buyers and NEAREX, both Parties shall make all attempts to mutually and amicable resolve such dispute. Failure to do so shall give the aggrieved Party the right to institute appropriate proceedings under the scope of law.
B. What is a ‘dispute’?
A ‘Dispute’ can be defined as a disagreement between a Buyer and NEAREX in connection with a transaction on the Website/Stores.
C. How does a ‘dispute’ occur in the Marketplace?
a. Disputes are filed as a result of a disagreement between the Buyer and NEAREX. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue.
b. It is important that before a Buyer/NEAREX raises a dispute, they should attempt to solve the issue.
D. How is a ‘dispute’ created?
Whenever there is a disagreement, the Buyer can write to email@example.com, in order to raise a dispute. Disputes can be raised at a particular transaction level.
E. What are the various types of ‘disputes’?
Following are the indicative examples of potential disputes:
a. Wrong item received
b. Item Not as described
c. Damaged or Seal broken on Product
d. Part/Accessory missing
e. Item not Compatible
f. Seller Description/Specification Wrong
g. Defective (Manufacturing defects)
h. Product not working
i. NEAREX claims invalid Invoice
j. Payment not received
k. Theft of a product form NEAREX’s Stores
F. Disputes via Chargeback
a. Whenever a chargeback (CB) comes from a payment gateway/bank, following situations may arise:
b. Item not received CB – Buyer hasn’t received the item. Refund will be created in accordance with the dispute policies
c. Unauthorized CB – Buyer hasn’t made this particular transaction. Refund will be created in accordance with the dispute policies.
d. Item not as described – meaning item is not what Buyer expected. Dispute will be decided in accordance with the dispute policies.
e. NEAREX expressly agrees that issuing the correct and complete invoice is the sole and primary responsibility of NEAREX.
G. Email Abuse & Threat Policy
a. Private communication, including email correspondence, is not regulated by NEAREX. NEAREX encourages its Buyers to be professional, courteous and respectful when communicating by email.
b. However, NEAREX will investigate and can take action on certain types of unwanted emails that violate NEAREX policies.
c. Such instances:
d. Threats of Bodily Harm – NEAREX does not permit Buyers to send explicit threats of bodily harm.
e. Misuse of NEAREX System – NEAREX allows Buyers to facilitate transactions through the NEAREX system, but will investigate any misuse of this service.
f. Spoof (Fake) email – NEAREX will never ask the Buyers to provide sensitive information through email. In case the Buyers receive any spoof (fake) email, the Buyers are requested to report the same to NEAREX through ‘Contact Us’ tab.
g. Spam (Unsolicited Commercial email) – NEAREX’s spam policy applies only to unsolicited commercial messages sent by NEAREX Buyers. NEAREX Buyers are not allowed to send spam messages to other Buyers.
h. Offers to Buy or Sell Outside of NEAREX – NEAREX prohibits email offers to buy or sell listed products outside of the NEAREX Website. Offers of this nature are a potential fraud risk for both Buyers and NEAREX.
i. NEAREX policy prohibits Buyer-to-Buyer threats of physical harm via any method including, phone, email and on NEAREX’s public message boards.
· Violations of this policy may result in a range of actions, including:
· Limits on account privileges
· Account suspension
· Cancellation of listings
· Loss of special status
37. Other Businesses
NEAREX does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and / or third party websites using Website’s APIs or otherwise. In addition, the Website may provide links to the third party websites of NEAREX’s affiliated companies and certain other businesses for which, NEAREX assumes no responsibility for examining or evaluating the products and services offered by them. NEAREX do not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). NEAREX does not endorse, in any way, any third party website(s) or content thereof.