NearShop Terms and Conditions of Use

NearShop is an online shopping marketplace which provides a complete ecommerce service for local shops by providing instant mobile app and dedicated shop website for local shops. NearShop is available as website at www.nearshop.in (“Website”) and as NearShop mobile applications (“Apps”) or any similar platform (hereinafter all collectively referred to as, “the Platform”). The Platform provides an online shopping marketplace where registered participating shop owners and sellers (“Merchants”) can offer to sell their products and/or Services (“Platform Goods and Services”) to registered Buyers of the Platform (“Buyers”).

The Platform is owned by JAKKUR TECHNOPARKS PRIVATE LIMITED, (CIN: U66030KA2008PTC047020), a company incorporated under the laws of India and having its registered office at G 5, Swiss Complex, 33, Racecourse Road, Bangalore – 560001, Karnataka, India, which expression shall unless repugnant to the context or meaning thereof shall mean and include its holding company, group companies, subsidiaries and assigns including its directors, full time employees, and affiliates, collectively, the (“Company”). The Company’s role is limited to the managing the Platform and its associated marketing, User management, enquiry management and other incidental services to enable the business transactions between the Merchant and the Buyers (“Services”).

These terms and conditions of use (“Terms of Use”) and the privacy policy as available on the Platform (“Privacy Policy”) (collectively “User Agreement”) and other policies of the Company as available on the Platform (“Policies”) forms an electronic record in terms of Information Technology Act, 2000 (“IT Act”) and rules made there under, as applicable, and the amended provisions pertaining to electronic records in various statutes, as amended from time to time.

These User Agreement and Policies are published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Platform.

For the purposes of the User Agreement and Policies, wherever the context so requires “You”, or “User” (or any variation thereof), shall mean any natural or legal person (including any legal heirs, administrators or successors) who has agreed to become a User of the Platform by accessing or using the Platform and registering as a User either as a Merchant or Buyer on the Platform providing the required registration data. Unless the context otherwise requires, “Jakkur Technoparks Private Limited’’, “We”, “us”, “our” or “Company” shall mean Jakkur Technoparks Private Limited or any of its assigns, whether now or in the future.

If You are accepting these Terms of Use and using the Services or the Platform on behalf of a company, organization, government, or other legal entity, You represent and warrant that You are authorized to do so.

The Company enables the business transactions on its Platform between registered participating Merchants dealing in vegetables, fruits, nuts, dry fruits, food and beverages, milk and milk products, groceries, provisions, consumer goods, consumables etc., and any other products or services and registered Buyers. The Buyers can explore nearby shops, and place their order online (“Order”) choose products from all categories of Platform Goods and Services listed and offered by various registered participating Merchants including but not limited to the local shops, restaurants, eateries, grocery stores, other service providers on the Platform.

When You use any of the services provided by us through the Platform, You 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 User Agreement and Policies and shall be considered as part and parcel of this User Agreement and Policies. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these User Agreement and Policies, at any time without any prior written notice to You. It is your responsibility to review these User Agreement and Policies periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these User Agreement and Policies, We grant You a personal, non-exclusive, non-transferable, non-sub licensable, revocable license with limited privilege to access and use the Platform.

Accessing, browsing or otherwise using the Platform indicates your free consent to all the terms of the User Agreement and Policies under these User Agreement and Policies, so please read the User Agreement and Policies carefully before proceeding.

By accessing or using the Platform, the User irrevocably accepts the User Agreement and Policies and agrees to abide by the same (as updated from time to time).

If the User does not agree with these terms, the User is advised to refrain from using the Platform.

  1. User Eligibility

  1. Transaction on the Platform is available only to persons who are 18 (eighteen) years of age or older, and to those who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc are not eligible to use the Platform. If You are a minor ie under the age of 18 (eighteen) years, You may use the Platform or access content on the Platform only under the supervision and prior consent/permission of Your parent or Your legal guardian.

  2. The Company reserves the right to terminate your registration/membership and/or refuse to provide You with access to the Platform if it is brought to the Company’s notice or if it is discovered that You are under the age of 18 (eighteen) years and transacting on the Platform.

  3. The Company disclaims all liability arising out of any unauthorised use of the Platform and any third party liability arising out of your use of the Platform during the following situations:

  1. if You are a minor and You are accessing the Platform without the supervision and prior consent/permission of Your parent or Your legal guardian.

  2. in case of any false information is provided by the User including User’s age.

  1. User Registration and User Account Creation

  1. To access the Platform a User is required to register and create an account (“Account”) by Signing up in the Platform (“Registration”) as a Merchant or a Buyer by filling the necessary data’s such as creating a username and password or registering using mobile phone number verification and providing necessary details about the User in order to be eligible to access the Platform Goods and Services.

  2. You shall be solely responsible for maintaining the confidentiality of Your login details including Your username, password and any code and You shall be responsible for all activities that occur under your Account which were accessed by logging in using Your username, Password and any code.

  3. The User hereby agrees and acknowledges that the Platform will grant access to any person who has logged on using Your username, password and code in the same manner as it would have granted access to You and You shall be responsible for all activities conducted in Your Account using Your username, password and any code.

  4. If You share or allow others to have access to Your Account on the Platform, by creating separate profiles under Your Account, or otherwise, they will be able to view and access Your Account information. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences therefrom.

  5. You shall immediately notify the Company of any actual or suspected unauthorized use of Your Account or password. Although the Company shall not be responsible in any manner for any Losses occurring from any breach of secrecy of Your username, password, user code or any unauthorized use of Your Account, and You shall be liable for any Losses suffered by the Company or such other parties as the case may be, due to any unauthorized use of Your account.

  6. You agree that the sole purpose of registering on or using the Platform is to enable yourself technically to run your legal business online, and You shall not use the Platform in any manner whatsoever for any other purpose other than as mentioned above and for purposes which are not permitted under the applicable Law.

  7. The Users agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.

  8. The Users are required to enter a valid mobile phone number while registering on the Platform. By registering their mobile phone numbers with the Company, the Users consent to be contacted by the Company and the Platform Merchants via phone calls, SMS notifications or instant messages, in case of verifications and in case of subscription/service/promotional updates.

  9. It is the responsibility of the Users to provide correct mobile phone number so that the Company and/or Merchants can communicate with the Users via SMS. The Users understand and agree that if the Company and/or Merchants sends an SMS but the Users do not receive it because the Users’ mobile number is incorrect or out of date or blocked by the Users; service provider, or the Users are otherwise unable to receive SMS, the Company and/or Merchants shall be deemed to have provided the communication to the Users effectively.

  10. You agree that the Company shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in any cases, including, where You have failed to update Your revised details such as mobile phone number and/or e-mail address on the Platform. Any and every activity undertaken by a User under his/her account shall be the sole responsibility of such User and the Company shall not be liable for such activity in any manner.

  11. Notwithstanding anything to the contrary herein, the Users acknowledge and agree that they shall have no ownership or other property interest in their account, and further acknowledge and agree that all rights in and to their account are and shall forever be owned by and inure to the benefit of the Company.

  1. User Account Suspension and Termination

  1. The Company reserves the right to suspend or terminate the User account or access to the Platform and associated User account;

  1. if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; and/or

  2. if, in the Company’s assessment, (a) the Merchant has charged an unreasonably high price (b) unreasonable instances of returns and/or cancellations initiated by the Buyer (c) the User has engaged in actions that are fraudulent, negligent or derogatory to the Company’s interests.

  3. if the Users are found to be non-compliant with the terms of the User Agreement and/or Policies as the case may be.

  4. If the Company terminates Your access to the Platform, the Company may, in its sole and absolute discretion, remove and destroy any data and files stored by You on its servers and You agree and acknowledge that the Company or the Platform shall not in any manner be responsible and/or liable for removing or deleting such information.

  1. Amendments

  1. The Company may, from time to time and in its sole and absolute discretion, amend or modify these terms of User Agreement and/or Policies with or without notice to You; such amended provisions of these terms of User Agreement and/or Policies shall be effective immediately upon being posted on the Platform.

  2. If the Users do not agree with such provisions, the Users must stop using the Platform with immediate effect. The Users’ continued use of the Platform will be deemed to signify their acceptance of the amended provisions of these terms of User Agreement and or Policies.

  3. The most current version of these terms of User Agreement and/or Policies will supersede all previous versions, and Your use or continued use of the Platform will constitute your acceptance of and willingness to be bound by such version of these terms of User Agreement and/or Policies. The most current version of these User Agreement and or Policies may be viewed at any time by clicking on the “Terms of Use” link of the Platform.

  1. Communication

  1. When You use the Platform, You are communicating with us electronically. You will be required to provide accurate, current and complete information to communicate with You while placing an Order with us.

  2. We may communicate with you by e-mail, SMS, phone call or by posting notices on the Platform or by any other mode of communication. For contractual purposes, You consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to Your use of the Platform and/or Your Order placed to a Merchant on the Platform.

  1. Access to the Platform

  1. We will do our best to ensure that availability of the Platform will be uninterrupted and access and transmissions will be error-free. However, due to the technical reasons this cannot be guaranteed at all the times.

  2. Your access to the Platform may also be sometimes suspended or restricted with or without prior notice during planned or unplanned repairs or maintenance, or downtime or the introduction of new features at any time. We will try our best to limit the frequency and duration of any such suspension or restriction of the Platform.

  1. Licence for the Platform access

  1. As long as You comply with these User Agreement and Policies and payment of applicable fees if any, the Company grants you a limited licence to access and make use of this Platform, but not to modify it, or change any portion of it, for any purpose as may be applicable. This licence does not include any resale or commercial use of this Platform or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Platform or its contents; any downloading or copying of account information for the benefit of another Merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

  2. This Platform or any portion of this Platform (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of the Company.

  3. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Platform without express written consent. You may not use any meta tags or any other “hidden text” utilising the Company’s Name or trademarks without the express written consent of the Company. Any unauthorised use of the Platform by the User terminates the permission or license granted by the Company.

  1. User Information on the Platform

  1. The Users agree to provide accurate, current and complete information during the registration process or for any other purpose when prompted or requested to do so by the Platform and to update such information to keep it accurate, current and complete.

  2. Certain information You provide on the Platform in Your Account may reveal, or allow others to identify certain aspects of Your private life, and more generally about You. You are expressly and voluntarily accepting the terms of the User Agreement and supplying all such information by You on the Platform, including all information deemed “personal” or “sensitive” by applicable Laws, is entirely voluntary on Your part.

  3. For the use of Our Services, You will be required to use certain devices, software, and data connections, which We otherwise do not supply. For as long as You use Our Services, You consent to downloading and installing updates to Our Services, including automatically, downloading and installing such updates.

  4. You are responsible for all carrier data plan and other fees and taxes associated with Your use of Our Services. We may charge You for Our Services, including applicable taxes.

  5. The Company shall not be responsible in any manner whatsoever for the authenticity of the personal information or sensitive personal data or information supplied by the User to the Company.

  6. Once You have signed up on the Platform, You agree, allow and grant the Platform to gain access to Your mobile phone or other electronic devices to find and keep track of mobile phone numbers of other Users of the Service, Your location, inbuilt storage or other storage on Your mobile device or other electronic devices, access to internet, control vibration, accounts on Your mobile phone device or other electronic devices and such other data or information downloaded, added, edited, stored, processed, used, deleted on or from Your mobile phone device or other electronic devices.

  1. Online Platform for Transaction and Communication

  1. You agree, understand and acknowledge that the Platform enables you to purchase Platform Goods and Services listed on the Platform at the price indicated therein. You further agree and acknowledge that the Company is only a facilitator and is not and cannot be a party to or control in any manner any transactions between the Platform's Users on the Platform.

  2. Accordingly, the contract of sale of Platform Goods and Services shall be a strictly bipartite contract between You and the participating Merchant on the Platform. At no time shall the Company hold any right, title or interest over the products nor shall the Company have any obligations or liabilities in respect of such contract.

  3. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, discounts, offers if any, warranties related to Platform Goods and Services and after sales services if any related to Platform Goods and Services. The Company does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Merchants.

  4. Placement of Order by a Buyer with Merchant on the Platform is an offer to buy the product(s) in the Order by the Buyer to the Merchant and it shall not be construed as Merchant's acceptance of Buyer’s offer to buy the product(s) ordered. The Merchant retains the right to cancel any such Order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS.

  5. Further, Merchant may cancel an Order wherein the quantities exceed the typical individual consumption. This applies both to the number of products ordered within a single Order and the placing of several Orders for the same product where the individual Orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual’s consumption quantity limit shall be based on various factors and at the sole discretion of the Merchant and may vary from individual to individual.

  6. In a case where the Pricing or product information published by Merchant on any product(s) as is reflected on the Platform is incorrectly reflected due to some technical issue, typographical error in such an event Merchant may cancel such Your Order(s).

  7. The Company does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Platform. The Company does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. The Company accepts no liability for any errors or omissions, whether on behalf of itself, Merchants or third parties.

  8. The Company is not responsible for any non-performance or breach of any contract entered into between Buyers and Merchants. The Company cannot and does not guarantee that the concerned Buyers and/or Merchants will perform any transaction concluded on the Platform. The Company shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Merchants.

  9. The Company does not make any representation or warranty as to the item-specifics (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 Platform and use Your best judgment in that behalf.

  10. The Company does not at any point of time during any transaction between Buyer and Merchant on the Platform come into or take possession of any of the products or services offered by Merchant nor does it at any point gain title to or have any rights or claims over the products or services offered by Merchant to Buyer.

  11. At no time shall the Company hold any right, title or interest over the products nor shall the Company have any obligations or liabilities in respect of such contract entered into between Buyers and Merchant. The Company is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

  12. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc with the Merchant(s) You may transact with.

  13. By using the Services, You agree that any legal remedy or liability that You seek to obtain for actions or omissions of Merchants or other third parties will be limited to a claim against the particular Merchant or other third parties who caused You harm and You agree not to attempt to impose liability on, or seek any legal remedy from Us with respect to such actions or omissions.

  1. Merchant Terms for Selling

  1. The Merchants shall register themselves to the Platform, upon acceptance by the Company the Merchants as a registered User of the Platform shall list and provide the requisite details of the business, Goods and Services to the Buyers. However, the Merchants shall not be permitted to sell any product Goods and/or Services that fall under the “List of Banned Items for Sale”.

  2. Every Merchant hereby shall agree to provide details about the Merchant, its Platform Goods and Services, including the name of their business, whether registered or not, their geographic address, customer care number, any rating or other aggregated feedback about such Merchant, and any other information necessary for enabling Buyers to make informed decisions at the pre-purchase stage.

  3. The Merchants agree and undertake that they are legally permitted to sell the products listed for sale on the Platform. Listings may only include text descriptions, graphics and pictures that describe Your products for sale. All listed products must be listed in an appropriate Category on the Platform. Soliciting business offline or outside of the Platform with the Buyers is expressly prohibited and would be considered as a breach of the User Agreement. All listed products must be kept in stock for successful fulfilment of orders.

  4. The Merchants hereby agree and undertake to ensure that descriptions, images, and other content pertaining to goods or services on their platform is accurate and corresponds directly with the appearance, nature, quality, purpose and other general features of such goods and/or services.

  5. The listing description of the products must not be misleading and must describe the actual condition of the product. If the product description does not match the actual product, You agree to refund any amounts that You may have received from the Buyer.

  6. You agree not to list a single product in multiple quantities across various categories on the Platform. The Company reserves the right to delete such multiple listings of the same product listed by you in various categories.

  7. As the transaction is bilateral between the Merchants and the Buyers and, the Company is not liable to charge or deposit any taxes applicable on such transaction. The Merchants are bound by, including without limitation, the following laws such as Metrology Act and Legal Metrology (Packaged Commodities) Rules, 2011 (Packaging Rules); Drugs and Cosmetics Act, 1940 (D&C Act) and Drugs and Cosmetics Rules, 1945 (D&C Rules); Food Safety and Standard Act, 2006, Food Safety and Standard (Packaging and labelling) Regulation 2011, (FSS Packaging Regulation) Food Safety and Standard (Food Product Standard and Food Addictive) Regulation, 2011 (FSS Standard Regulations) and Food Safety and Standard (food or Health Supplements, Nutraceuticals, Food for Special Medical Purpose, Functional Food and Novel Food) Regulation 2016 (FSS Supplement Regulation).

  8. As per the above-mentioned acts and regulations and any other relevant law in place during the tenure of this association, the Company understands that there is an obligation on the Merchant to ensure that the package in which the products are sold complies with labelling and packing requirements and other laws that may be prescribed in this regard. Hence, it shall be the sole responsibility of the Merchant to comply with applicable laws and the Company shall not be held responsible in any manner. Merchants shall indemnify the Company and the Platform for any harm or loss in relation to contravention of above regulations.

  9. You shall not abuse or misuse the Platform or engage in any activity which violates the terms of the User Agreement and the Policies. In any such case, the Company may suspend your account or terminate your account and permanently block You from accessing the Platform.

  1. List of Banned items for Sale

You 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.

Without prejudice to the generality of the above, the Company does not permit listing and sale of the following items.

  1. “Securities” within the meaning of the Securities Contract Regulation Act, 1956, including shares, bonds, debentures etc and/or any other financial instruments/assets of any description.

  2. Living, dead creatures and/or the whole or any part of any animal which has been kept or preserved by any means whether artificial or natural including rugs, skins, specimens of animals, antlers, horns, hair, feathers, nails, teeth, musk, eggs, nests, other animal products of any description the sale and purchase of which is prevented or restricted in any manner by applicable laws (including those prohibited under The Wildlife Protection Act, 1972).

  3. Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments.

  4. Psychotropic substances, narcotics, intoxicants of any description, medicines, palliative/curative substances.

  5. Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products.

  6. Alcohol which includes Alcohol or alcoholic beverages such as beer, liquor, wine, or champagne.

  7. Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms.

  8. Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a licensed medical Practitioner.

  9. Religious items, including books, artifacts etc of any description or any other such item which is likely to affect the religious sentiments of any person.

  10. “Antiquities” and “Art Treasures” in violation of the provisions of the Antiquities and Art Treasures Act, 1972 (“the Act”).

  11. Adult goods and services and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services; Website access and/or website memberships of pornography or illegal sites.

  12. Adult goods and services and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services; Website access and/or website memberships of pornography or illegal sites.

  13. Body parts which includes organs or other body parts.

  14. Child pornography which includes pornographic materials involving minors.

  15. Copyrighted media which includes unauthorised copies of books, music, movies, and other licensed or protected materials.

  16. Copyrighted software which includes unauthorised copies of software, video games and other licensed or protected materials, including OEM or bundled Software.

  17. Counterfeit and unauthorised goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorised goods.

  18. Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction.

  19. Gaming/gambling which includes lottery tickets, sports bets, memberships/enrolment in online gambling sites, and related content.

  20. Hacking and cracking materials which include manuals, how-to-use guides, information, or equipment enabling illegal access to software, servers, websites, or other protected property.

  21. Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts.

  22. Offensive goods which includes literature, products or other materials that – Promote intolerance or hatred/Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors / Encourage or incite violent acts.

  23. Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals.

  24. Pyrotechnic devices, combustibles, corrosives and hazardous materials which includes explosives, fireworks and related goods; toxic, flammable, and radioactive materials and substances.

  25. Regulated goods which includes air bags; batteries containing mercury; Freon or similar substances/refrigerants; chemical/industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; pesticides; postage meters; recalled items; slot machines; surveillance equipment; goods regulated by government or other agency specifications.

  26. Wholesale currency which includes discounted currencies or currency exchanges.

  27. Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international.

  28. Businesses or websites that operate within the scope of laws which are not absolutely clear or are ambiguous in nature (e.g. Web-based telephony, Websites supplying medicines or controlled substances, websites that promise online match-making).

  29. Businesses out rightly banned by law (e.g. Betting and Gambling/publications or content that is likely to be interpreted by the authorities as leading to moral turpitude or decadence or incite caste/communal tensions, lotteries/sweepstakes and games of chance.

  1. Merchant Obligations

  1. No Merchant offering Platform Goods and Services through the Platform shall adopt any unfair trade practice whether in the course of the offer on the platform or otherwise.

  2. No such Merchant shall falsely represent itself as a consumer and post reviews about Platform Goods and Services or misrepresent the quality or the features of any Platform Goods and Services.

  3. No Merchant offering goods or services through a marketplace e-commerce entity shall refuse to take back goods, or withdraw or discontinue services purchased or agreed to be purchased, or refuse to refund consideration, if paid, if such goods or services are defective, deficient or spurious, or if the goods or services are not of the characteristics or features as advertised or as agreed to, or if such goods or services are delivered late from the stated delivery schedule: Provided that in the case of late delivery, this rule shall not be applied if such late delivery was due to force majeure.

  4. Any Merchant offering goods or services through the Platform shall provide the following information to be displayed on its Account in the Platform (a) any and all contractual information required to be disclosed by law; (b) total price in single figure of any good or service, along with the breakup price for the good or service, showing all the compulsory and voluntary charges such as delivery charges, postage and handling charges, conveyance charges and the applicable tax, as applicable; (c) all mandatory notices and information provided by applicable laws, and the expiry date of the good being offered for sale, where applicable; (d) all relevant details about the goods and services offered for sale by the Merchant including country of origin which are necessary for enabling the consumer to make an informed decision at the prepurchase stage; (e) contact details for consumer grievance redressal or for reporting any other matter; (f) name and details of importer, and guarantees related to the authenticity or genuineness of the imported products; (g) accurate information related to terms of exchange, returns, and refund including information related to costs of return shipping in a clear and accessible manner; (h) relevant details related to delivery and shipment of such goods or services; and (i) any relevant guarantees or warranties applicable to such goods or services.

  1. User Compliance with Laws:

The Users shall comply with all the applicable Laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued thereunder 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 there under, 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 while using the Platform and performing business transactions.

  1. Use of the Platform

You agree, undertake and confirm that your use of Platform shall be strictly governed by the following binding principles:

  1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:

  1. belongs to another person and to which You does not have any right to;

  2. 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;

  3. is misleading in any way;

  4. 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;

  5. harasses or advocates harassment of another person;

  6. involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;

  7. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

  8. 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];

  9. 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;

  10. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

  11. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

  12. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

  13. contains video, photographs, or images of another person (with a minor or an adult).

  14. tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

  15. engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the Platform.

  16. solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;

  17. interferes with another USER’s use and enjoyment of the Platform or any other individual’s User and enjoyment of similar services;

  18. refers to any Platform or URL that, in Our sole discretion, contains material that is inappropriate for the Platform or any other Platform, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.

  19. harm minors in any way;

  20. 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 or involve the sale of counterfeit or stolen products;

  21. violates any law for the time being in force;

  22. deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

  23. impersonate another person;

  24. 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, cancelbots, 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;

  25. 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;

  26. shall not be false, inaccurate or misleading;

  27. 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;

  28. shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;

  29. You 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 Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.

  30. You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.

  31. You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other customer, including any account on the Platform not owned by You, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Platform.

  32. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform.

  33. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Platform or any service offered on or through the Platform. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.

  34. You may not use the Platform or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company and / or others.

  35. You 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 GST, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products 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.

  36. You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us.

  37. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Platform. It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent.

  38. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) 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.

  39. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

  1. We reserve the right, but has no obligation, to monitor the materials posted on the Platform. The Company 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 of Use.

  2. Notwithstanding this right, you remain solely responsible for the content of the materials you post on the platform and in your private messages. Please be advised that such Content posted does not necessarily reflect the Company views. In no event shall the Company assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform.

  3. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.

  1. Orders

  1. The Platform allows Buyers to place Orders for the Platform Goods and Services offered by various Merchants and the Company will, subject to the terms and conditions set out herein, facilitate the placement of Orders for the Platform Goods and Services to the Buyers. The Company does not own, sell, resell products on its own and/or does not control the Merchants. The Company reserves the right to delist any Platform Goods and Services from the Platform.

  2. The Buyers understand that any Order that they place shall be subject to the terms and conditions set out in these Terms of Use, and any terms and conditions imposed by the concerned Merchant.

  3. On receipt of an Order from a Buyer, the Company shall send electronically a confirmation of such Order to the Merchant and the Buyer concerned and share the details of the Buyer and Order to the concerned Merchant. Further, the Merchant may inform the about the availability or unavailability or change in price of the Order if any. The Merchant retains the right to cancel any such Order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS.

  1. Contents Posted on the Platform

  1. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork any notes, messages, emails, reviews, ratings, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Platform (collectively, “Content”), is a third party user generated content and the Company has no control over such third party user generated content as the Company is merely an intermediary for the purposes of this Terms of Use.

  2. Except as expressly provided in these Terms of Use, no part of the Platform 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, Platform or other medium for publication or distribution or for any commercial enterprise, without the Company’s express prior written consent.

  3. Any such Content posted to our Platform by the Users will become Our property and You grant us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with Our Privacy Policy and other Policies of the Company as mentioned herein, and You are not entitled to any payment or other compensation for such use.

  4. Some Content offered on the Platform may not be suitable for some viewers and therefore viewer discretion is advised. Also, some Content offered on the Platform may not be appropriate for viewership by children. Parents and/or legal guardians are advised to exercise discretion before allowing their children and/or wards to access Content on the Platform.

  5. Users of this Platform may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the Content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”.

  6. In the event a User uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any Content. The Company reserves the right (but not the obligation) to remove, refuse, delete or edit any Content that in the sole judgment of the Company violates these User Agreement and Policies and, or terminate the User permission to access or use the Platform.

  7. You represent and warrant that you Own or otherwise control all of the rights to the Content that you post or that You otherwise provide on or through the Platform; that, as at the date that the content or material is submitted to the Platform: (i) the content and material is accurate; (ii) use of the content and material You supply does not breach any applicable Company policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify the Company for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.


 

  1. Claims against Objectionable Content

  1. The Company lists so many Platform Goods and Services offered by participating Merchants on the Platform and hosts many comments, practically it is not possible for the Company to be aware of all such Content of each Platform Goods and Services listed for sale, or each comment or review that is displayed on the Platform.

  2. If You believe that any Content on the Platform is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (“Objectionable Content”), please notify us immediately, and upon notice the Company will make all reasonable efforts to remove such Objectionable Content complained about within a reasonable time.

  1. Copyright, authors’ rights and database rights

  1. All Content included on the Platform, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company, or it’s Merchant and is protected by laws of India and international copyright and database right laws. The compilation of all content on this Platform is the exclusive property of the Company or its Merchants and is protected by laws of India and international copyright and database right laws. All software used on this Platform is the property of the Company or its software suppliers and is protected by India and international copyright and author' rights laws.

  2. You may not systematically extract/ or re-utilise parts of the contents of the Platform without the Company and / or its Merchants (as may be applicable) express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Platform, without the Company’s express written consent. You may also not create and/ or publish your own database that features substantial (eg: prices and product listings) parts of this Platform without the Company's express written consent.

  1. Intellectual Property Rights. The design, trademarks, service marks, and logos of the Platform (“Marks”), are owned by or licensed to the Company, subject to copyright and other intellectual property rights under India, foreign laws and international conventions. The Company reserves all rights not expressly granted in and to the Platform. You agree to not engage in the use, copying, or distribution of any of the Platform Marks other than expressly permitted.

  2. Privacy. For information about how the Company collects, uses, and shares your information, please review our Privacy Policy. You agree that by using the Platform you consent to the collection, use, and sharing (as set forth in the Privacy Policy) of such information, including the transfer of this information for storage, processing, and use by the Company. If you object to your information being transferred or used, please do not use the Platform.

  3. Termination

  1. These User Agreement and Policies are effective unless and until terminated by either the Company or the Users. The Users may terminate these User Agreement and Policies at any time by notifying the Company that they no longer wish to use the Platform or the Services, or when they cease using the Platform.

  2. If in the Company’s sole judgment the Users fail, or it is suspected or discovered that the Users have failed to comply with any term or provision of these User Agreement and Policies, the Company may also terminate their access to the Platform, or cease the provision of the Services at any time without notice and the Users will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny the Users access to the Services or the Platform (or any part thereof).

  1. Limitation of Liability. To the fullest extent permitted by applicable law in no event shall the Company be liable for:

  1. any direct, special, indirect or consequential damages, or

  2. any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Platform, including without limitation any damages caused by or resulting from reliance by User on any information obtained from the Platform, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance.

  3. any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both You and us when You commenced using the Platform.

  1. Indemnification. You agree to defend, indemnify and hold harmless the Company, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to use of the Platform. The Company may assume the exclusive defense and control of any matter for which Users have agreed to indemnify the Company and you agree to assist and cooperate with the Company in the defense or settlement of any such matters.

  2. Force Majeure: You agree that the Company shall be under no liability whatsoever to you in the event of non-availability of the Platform and/or any of the Platform Goods and Services or any portion thereof, occasioned by an Act of God, war, disease, epidemics, pandemics, revolution, riot, civil commotion, strike, lockout, lockdown, flood, fire, satellite failure, failure of any public utility, man-made disaster, satellite failure, government restrictions or any other cause whatsoever beyond the control of the Company including any event which is caused by the failure or non-performance on the part of the Company.

  3. Governing laws: These User Agreement and Policies shall be governed, interpreted, and construed in accordance with the laws of India, without regard to the conflict of law provisions and for resolution of any dispute arising out of your use of the Services or in relation to these User Agreement and Policies. Notwithstanding the foregoing, you agree that (i) the Company has the right to bring any proceedings before any court/forum of competent jurisdiction and you irrevocably submit to the jurisdiction of such courts or forum; and (ii) any proceeding brought by You shall be exclusively before the courts in Bengaluru, Karnataka, India.

  4. Severability: If any provision of these Terms is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions shall be given full force and effect.

  5. Entire agreement: These Terms of Use, the Privacy Policy and any other terms or Policies as may be prescribed by the Company from time to time, constitute the entire agreement between You and the Company, which will govern your use of or access to the Services and/or the Platform, superseding any prior agreements between You and the Company regarding such use or access.

  6. Contact Us

Please contact us for any questions or comments regarding this platform through  Sales@nearshop.in

  1. Grievance officer

In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:

Mr Ronit Kumar

080-69112423