NearBy
Customer Terms & Conditions
Personal Information
"NearBy" is a trademark of AinGlobe Technology Private Limited (hereinafter the "Company"), a company incorporated under the Companies Act, 2013 with its registered office at 1/675 - A, Bhagavath Singh Colony, Kaithari Nagar, Nilaiyur, Madurai, TamilNadu - 625005. The domain name www.nearbyu.in is owned by the Company.
It is strongly recommended that you read and understand these 'Terms of Use/ Terms and Conditions' carefully, as by accessing this site or any of NearBy's or it's brand mobile applications (hereinafter the "Marketplace"), you agree to be bound by the same and acknowledge that it constitutes an agreement between you and the Company (hereinafter the "User Agreement"). If you do not agree with this User Agreement, you should not use or access the Marketplace for any purpose whatsoever.
This document is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011. The User Agreement may be updated from time to time by the Company without notice. It is therefore strongly recommended that you review the User Agreement, as available on the Marketplace, each time you access and/or use the Marketplace.
The terms 'visitor(s)', 'user(s)', Customer(s), Consumer(s), 'you' hereunder refer to the person visiting, accessing, browsing through and/or using the Marketplace at any point in time.
Should you have any clarifications regarding the Terms of Use, please do not hesitate to contact us at support@ainglobe.com.
Services Overview
Marketplace ordering
The marketplace is such a great access zone to display their store information, products and offers ete., To the customers as well as to transact with third party sellers / merchants and retailers to purchase from their store .
The concerned company does not provide any services rather than the marketplace to transact at their own cost/risk. The company is not held responsible for the warranties and liabilities associated with the products offered on the marketplace, also the company is not the influencer or involved between any transactions of yours and third party sellers.
In India, the marketplace services are available to only selected geographical areas and restrictions based on business hours/days of third party sells
Delivery charges or any other charges during the transactions through the marketplace will be informed to the customer when and where it is required.
Online ordering and Financial Terms
This zone is only used to place orders from various Retailers/Partners, Under the terms and conditions set out herein.
NearBy neither controls the Merchants/Retailers , nor owns , sells , resell on its own. Any order that you place shall be subject to terms and conditions set out in Terms of Use including but not limited to product availability and delivery location serviceability.
The orders placed on the zone shall be considered as confirmed,in general terms. On completion of booking an order, furtherly you will be requested to share certain information with us such as
It shall be your sole responsibility to bring any corrections in your details to our attention.
Please note change or confirmation of order shall be treated as final.
The customer should make all the payments against any purchases/services shall be compulsorily in Indian Rupees which is acceptable in the Republic of India. No other form of currency will be accepted on this platform for any kind of purchases/services provided here.
You can make payments through
NearBy is neither a banking nor a financial service but is absolutely a facilitator providing an electronic , automated online electronic payment through which receiving the payment on delivery , collection and other transactions on this platform is done by using authorized banking network.Herein, NearBy is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction/transaction price.
The customer has to understand and agree that we act as the Merchants payment agent for the limited purpose of accepting payments from customers on behalf of the Merchants , thereafter we are responsible to the merchant for the completion of transaction.The customer is held responsible for cash on delivery orders or any payments directly to the Merchant for order bookings made using the platform.
By the Terms of use and the Pricing terms set forth we will collect the total amount in the applicable listing for the Merchants.Please note that we are not responsible for any amount charged by your bank related to our collection of total amount and we disclaim all liability in this regard.
Along with confirmation of order you will be requested to give some details for billing such as name, billing address and credit card information either to us or our third party payment processor. You agree to pay us for the order placed by you on the Platform, in accordance with these Terms. You hereby authorize the collection of amounts by any one of the payment methods described on the Platform. If you proceed you will be directed to our third-party payment processor, you may be subject to terms and conditions governing use of that third party's service and their information collection practices. Please review such terms and conditions and privacy policy before using the Platform services.
The merchant will be issuing the final tax bill to the customer along with the order ,and NearBy is merely collecting the payment on behalf of such merchant.We hold no responsibility for legal correctness/validity of the levy of such cases.The Merchant shall be the sole responsible one for any legal issue arising on taxes.
NearBy will not be responsible for any warranty/guarantee of products sold to customers,the merchants shall be solely responsible.
The transaction is bilateral between merchant and buyer,therefore NearBy is not liable to charge or deposit any taxes applicable on such transaction.
For any kind of refund,replacement,cancellation of purchases the merchant/retailers will decide if they would accept any refunds for the products, NearBy is nowhere responsible in such cases.
Services provided
You understand that for any deficiency on payment of consideration payable towards the goods purchased from the services,will not be held responsible by NearBy.The Terms of services shall be governed by the Terms of use and any other terms set out in such document confirm such sale of service.If you fail to redeem the goods within the expiry date or in accordance with terms you will not be entitled to receive any credit,refund or cash back for the value of goods sold.
If you use the Platform, you do the same at your own risk.
You agree that the Services shall be provided by us only during the working hours of the relevant Merchants.
License & Access
NearBy awards you a limited sub-license to access and make personal use of the platform but you are not allowed to download/modify except with prior written consent of the company. Sub-license do not include/permit any resale or commercial use of marketplace or its contents, copying of information for the benefit of another third party; or any use of data mining, robots, or similar data gathering and extraction tools. The Marketplace or any portion of the Marketplace may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express prior written consent of the Company. You should not use any techniques to enclose a trademark, logo or any other information of the marketplace or of the company without the express prior written consent of the Company. You should not use any tags or "hidden text" utilizing the Company's name or trademarks without the express prior written consent of the Company. You should not access the unauthorized features of the Marketplace, or networks connected to the Marketplace or to any server / computer / network / services offered on or through the Marketplace, by hacking, 'password mining' or any other illegal means.
Hereby you understand that not to host, display, upload, modify, publish, transmit, update or share any information belongs to another person and to which you do not have any right;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, ethnically objectionable,relating or encouraging money laundering or gambling, or; harms minors in any way,infringes any patent, trademark, copyright or another proprietary/intellectual property rights;violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages communicates any information which is grossly offensive or menacing in nature;impersonates another person; contains software viruses or any other computer code/files/ programs designed to interrupt, destroy or limit the functionality of any computer resource;threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or prevents investigation of any offense or is insulting any other nation;is misleading or known to be false in any way. Any unauthorized use shall automatically terminate the permission or sub-license granted by the Company.
Account & Registration Obligations
In order to place orders on the marketplace the customer must do registration and then log in. The customers should provide current and correct details for all communications related to your purchases to the marketplace. During the registration process on marketplace, the company may collect some personal identification about you and the information about the pages you visit/access on marketplace, the links you click, number of times you access a particular feature/page and any such information. Under the privacy policy of the company your information will be collected ,which is incorporated in Terms of Use by reference.
Disputes
Nearby is not liable to the member for any sort of damages which has occurred on its own. Members will reimburse any cost in any defense claim. NearBy is indemnified from any claims of any loss/damage or accident affiliated with this agreement.
Indemnification
You understand that from and against any claims, damages, obligations, losses, liabilities, costs or debt, and expenses you agree to defend NearBy, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, are not held responsible. claims arising from includes :
(a) usage and access of our platform should be as permitted herein;
(b) violation of any of these Terms or any applicable law;
(c) violation of any third party right, limitation of any copyright, property, or privacy right
This indemnification obligation will survive the termination of Your account or use of services and the App.
Governing Law
The Terms and Conditions shall be governed by Indian Laws and shall be subject to the jurisdiction of the courts at the location where the center is located. The Members agree and accept that it shall not raise any disputes in respect to the Terms and Conditions in any other courts except such courts that are located in the relevant center.
Any dispute arising between the parties relating to the construction, scope, operation or effect of these Terms and Conditions, including any question regarding their existence, validity or termination, shall be settled by negotiation in the first instance, and if that fails, it will be referred to and settled by arbitration in Madurai in accordance with the Indian Arbitration and Conciliation Act, 1996 and the award made in pursuance, thereof ,shall be binding on the parties. The number of arbitrators shall be one and he / she will be approved by mutual consent. The language of the arbitration shall be in English.
Disclaimer
We may upgrade the platform constantly, due to which at times Some Functions And Features May Not Be Fully Operational.Due to this change may occur in electronic distribution of information limitation may be there in providing information due to obtained from multiple sources, there may be delays/ omissions/ inaccuracies in the content provided on the platform.
Hence, we do not assure the represented information posted is correct in every case. We also disclaim all the liabilities which may arise as a consequence of unauthorized use of credit/debit cards. You agree that Third party services are available on this platform, so we may change alliances of these Third parties over a period of time to facilitate certain services to you. We do not assure any warranty regarding any Third party services nor liable to you nor any consequences or claims arising from Third party including any Liability or responsibility for Death,Injury or Impairment experienced by you or any Third party.
Hereby You Disclaim And Waive Any Rights And Claims You May Have Against Us With Respect To Third Party's / Merchants Services. Nearby Disclaims And All Liability That May Arise Due To Any Violation Of The Food Safety And Standards Act, 2006 And Applicable Rules And Regulations Made Thereunder And Such Liability Shall Be Attributable To The Merchant.
We Shall Not Be Liable To You Or Anyone Else For Any Losses Or Injury Arising Out Of Or Relating To The Information Provided On The Platform. In No Event Will We Or Our Employees, Affiliates, Authors Or Agents Be Liable To You Or Any Third Party For Any Decision Made Or Action Taken By Your Reliance On The Content Contained Herein.
In No Event Will We Be Liable For Any Damages (Including, Without Limitation, Direct, Indirect, Incidental, Special, Consequential Or Exemplary Damages, Damages Arising From Personal Injury/Wrongful Death, And Damages Resulting From Lost Profits, Lost Data Or Business Interruption), Resulting From Any Services Provided By Any Third Party Or Merchant Accessed Through The Platform, Whether Based On Warranty, Contract, Tort, Or Any Other Legal Theory And Whether Or Not We Are Advised Of The Possibility Of Such Damages.
Intellectual property
NearBy is either the owner of intellectual property rights or has the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable right to exercise the intellectual property, in the Platform, and in the material published on it.
The customers using this platform may download extracts,print off one copy for your reference and use within your organization of the materials presented on the platform. You are not allowed to do modification in digital copies of any materials which you have printed / downloaded in any way, Also you are not allowed to use photographs,videos,audio or graphics from any accompanying text.You should not use any materials on platform without getting license from us or our licensor for any commercial purposes.
If you fail to do the same under these Terms of use your right to use the platform will be ceased immediately and must return/destroy the copies of materials you have made. We process information provided by you to us in accordance with our Privacy Policy.
Third Party Content
When you access a link that leaves the platform the site you enter is not controlled by us, so you understand that we are not responsible for those sites.
Although we are under no obligation to do so, we still reserve the right to disable links to and /or from third party sites to the platform.
Severability
The Terms and Conditions for the provisions are severable and distinct from the others and, if any such provisions becomes illegal, invalid or unenforceable in any respect under law, the legality, validity or enforceability of the remaining provisions shall not be affected in any way.
IP Notice and Take Down Policy
NearBy has put in place IP Notice and Take Down Policy ("Take Down Policy") so that intellectual property owners can report the infringement so that the infringing products are removed from the site, as they spoil the Buyer and good Sellers trust.
The intellectual property rights owner can report infringing products or listings through Take Down Policy by Notice of infringement in the specified way .Other than the owners, even strangers can bring to our notice regarding the same and contact us.
(Note: NearBy does not and cannot verify that Merchants have the right or ability to sell or distribute their listed products. However, NearBy is committed to ensuring that item listings do not infringe upon intellectual property rights of third parties once an authorized representative of the rights owner properly reports them to NearBy.)
Contact Us:
Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Platform.
In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
AinGlobe Technologies Private Limited
Reg Office: Companies Act, 2013 with its registered office at 1/675 - A, Bhagavath Singh Colony, Kaithari Nagar, Nilaiyur, Madurai, TamilNadu - 625005
Phone: +91 - 0452 -
Email: support@ainglobe.com
Time: Mon - Sat (9:00 AM - 06:00 PM)