nearbuy.com Terms Of Use

Last updated: December 10, 2019

ACCEPTANCE OF TERMS AND CONDITIONS

General: By using www.nearbuy.com (the “Website” or “nearbuy.com” or “Nearbuy” in this document) or Nearbuy mobile application (the “mobile application”), you, the Customer (“you”, “your”, or the “User” in this document) unconditionally agree to the terms and conditions that we, Nearbuy India Private Limited with our Registered Office at Building No. 22, Pushp Vihar Commercial Complex, LSC Madangir, New Delhi – 110062, and having CIN: U74900DL2010PTC259391 (“nearbuy.com”, “Nearbuy”, “we” or “us” or “our” in this document) have provided herein for use of Nearbuy’s Website or mobile application owned and maintained by us. This Website or mobile application and any individual websites or merchant-specific, city-specific, or state-specific sites now or hereinafter contained within or otherwise available through external hyperlinks (“Minisites”) with our Website or mobile application are private property. All interactions on this Website or mobile application must comply with these Terms of Use. If you do not wish to agree to the outlined terms and conditions (the “Terms of Use” in this document) please refrain from using this Website or mobile application. The term Website shall include any or all Minisites, Algorithms, Logs, Data wherever mentioned.

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Website or mobile application by providing Registration Data while registering on the Website or mobile application as Registered User using the computer systems or mobile device. Nearbuy allows the User to surf the Website or making purchases without registering on the Website. The term "We", "Us", "Our" shall mean Nearbuy India Private Limited or Nearbuy. The terms Nearbuy and nearbuy.com have been used interchangeably in the document.

CAUTION: PLEASE READ THIS AGREEMENT CAREFULLY. BY BROWSING, ACCESSING OR USING THIS WEBSITE OR MOBILE APPLICATION OR BY USING ANY FACILITIES OR SERVICES MADE AVAILABLE THROUGH OR ON IT, YOU ARE AGREEING TO THE TERMS OF USE THAT APPEAR BELOW (ALL OF WHICH ARE CALLED THE “AGREEMENT”). THIS AGREEMENT IS MADE BETWEEN YOU AND US. USE OF THE SERVICES AND THE WEBSITE OR MOBILE APPLICATION AND ANY PURCHASE MADE THERETO ARE EACH SUBJECT TO THE TERMS OF USE SET OUT IN THIS AGREEMENT.

Amendments and Changes: We at all times reserve the right to amend these terms and conditions at any time. All amendments and changes to these terms and conditions will be available online. Such changes may include, among other things, addition of certain fees or charges. We suggest you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time so that you remain informed as to any such changes. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Website or mobile application, you are deemed to have implicitly agreed to the amended Terms of Use and Privacy Policy. Unless specified otherwise, any such deletions or modifications shall be effective immediately upon Nearbuy’s posting thereof. Continued use of any of the services provided by Nearbuy via the Website or mobile application (or via other electronic or other communication from Nearbuy) including the information services, content and transaction capabilities on the Website or mobile application, including the ability to make a purchase (all of which are called the “Services” in this document) will be deemed to constitute acceptance of the new terms and conditions. Nearbuy may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

GENERAL

User Accounts: In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Nearbuy certain personal information, such as your name, address, mobile phone number, as well as at least one valid payment method (either a credit card/ debit card or any other acceptable payment partner) at the time of making payment. You agree to maintain in bona fide accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Nearbuy 's termination of these Terms with you. You are responsible for all or any activities that occur under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Nearbuy in writing, you may only possess one Account. You shall not use the Nearbuy Website or Mobile Application for any illegal or fraudulent purposes barred by law or in general including creation of multiple accounts. Any such illegal or fraudulent use may render you liable under civil and/ or criminal action along with quasi-judicial enquiry, if any, including but not limited to equitable remedies, injunctions, etc., and all other remedies available at the recourse of Nearbuy Website or Mobile Application. Nearbuy also reserves the right to reverse illegitimate and/ or fraudulent purchases by you at any time even after the purchase of Offers/ Deals by you in addition to the right to further disable your use or cancel your account.

Territory: The Website or mobile application and the Services and any purchase are directed solely at those who access the Website from the Republic of India. Nearbuy makes no representation that Service (or any goods or services) are available or otherwise suitable for use outside the Republic of India. If you choose to access the Website or mobile application (or use the Service or make a purchase) from locations outside the Republic of India, you do so on your own initiative and are responsible for the consequences thereof.

Website and/or Mobile Application: Nearbuy provides an interactive online service owned and operated by Nearbuy through the Website on the World Wide Web of the Internet (the “Web” or “Internet”) and its mobile application, consisting of information services, content and transaction capabilities provided by Nearbuy, its Holding Company and its associates, if any, with whom it has business relationships (“Business Associates”) including but not limited to third parties that provide services in relation to creation, production or distribution of content for the Website or mobile application (“Third Party Content Providers”), third parties that provide advertising services to Nearbuy (“Third Party Advertisers”) and third parties that perform function on behalf of Nearbuy like sending out and distributing our administrative and promotional emails and text messages (“Third Party Service Providers”).

Right to Transfer: The right to use this Website or mobile application is personal to the User and is not transferable to any other person or entity. The User shall be responsible for protecting the confidentiality of User’s password(s), if any. The User understands and acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Nearbuy, and Nearbuy shall not be held responsible for any data lost or misused by a third party while transmitting information on the Internet in any manner whatsoever.

Not on Uninterrupted Basis: While it is Nearbuy’s objective to make the Website or mobile application accessible at all times, the Website or mobile application may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Nearbuy, access to the Website or mobile application may be interrupted, suspended or terminated from time to time. Nearbuy reserves the right, in its sole discretion, to terminate the access to any or all Nearbuy website(s) and the related services or any portion thereof at any time, without notice. Nearbuy shall also have the right at any time to change or discontinue any aspect or feature of the Website or mobile application, including, but not limited to, content, graphics, Offers, settings, hours of availability and equipment needed for access or use. Further, Nearbuy may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

EQUIPMENT

User’s Responsibility: The Services and use of the website or mobile application do not include the provision of a computer or other necessary equipment to access the Site or the Services. To use the Site or Services, you will require Internet connectivity and appropriate telecommunication links. The User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of this Website or mobile application and all charges related thereto. Nearbuy shall not be liable for any damages to the User’s equipment resulting from the use of this Website or mobile application.

USER CONDUCT

Restrictions: The User undertakes without limitation, not to use or permit anyone else to use the Service or Website or mobile application:

a.) To upload, send or receive any information for which you have not obtained all necessary license and/ or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, gives rise to civil liability or otherwise be contrary to the law of or infringes the rights of any third party in any country in the world;

b.) To upload, send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, malicious software, harmful data, or anything else which may interrupt, interfere with, corrupt or otherwise cause loss, damage, destruction or limitation to the functionality of any software or computer equipment);

c.) To intercept or attempt to intercept any communications transmitted by way of a telecommunication system;

For a purpose other than for which we have designed them or intended them to be used;

For any fraudulent purposes; or

In any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.

d.) To upload, send or receive any material, which is not civil or tasteful.

e.) To upload, send or receive any material, including User Content, which is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, homophobic, infringing, pornographic, violent, misleading, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory or of a libelous nature of any person or entity, in contempt of Court or in breach of confidence, or which infringes the rights of another person or entity, including copyrights, trademarks, trade secrets, patents, rights of personality, publicity or privacy or any other third party rights; or

f.) To cause annoyance, inconvenience or needless anxiety.

Forbidden Uses: The following uses of the Site and Services are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:

a.) Resell the Services or Site;

b.) Furnish false data including false names, addresses and contact details and fraudulent use of credit/ debit card numbers or net banking or any other mode of payment;

c.) Attempt to circumvent our security or network including but not limited to accessing data not intended for you, logging into a server or Account you are not expressly authorized to access, or probe the security of other networks (such as running a port scan);

d.) Access the Services (or Site) in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large burden on our infrastructure or that otherwise interrupts or interferes with its functionality, efficiency or operation;

e.) Execute any form of network monitoring which will intercept data not intended for you;

f.) Send unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material. You are explicitly prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving email of this nature, you may not send that person any further email;

g.) Create or forward "chain letters" or other "pyramid schemes" of any type, whether or not the recipient wishes to receive such mailings;

h.) Send malicious email, including flooding a user or site with very large or numerous emails;

i.) Enter into fraudulent interactions or transactions with us, a Seller or a Merchant (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);

j.) Use the Services or Site (or any relevant functionality of either of them) in breach of this Agreement;

k.) Use in an unauthorized manner, or forge, mail header information;

l.) Engage in any unlawful or criminal activity in connection with the use of the Services and/ or the Site or any Voucher; or

m.) Copy or use any User Content for any commercial purposes; or

n.) Engage in any frivolous act that hampers the goodwill and brand reputation of Nearbuy or its Website or mobile application in any manner whatsoever.

Any conduct by a User that in Nearbuy’s exclusive discretion is in breach of the Terms of Use or which restricts or inhibits any other User from using or enjoying this Website or mobile application is strictly prohibited. The User shall not use this Website or mobile application to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Website or mobile application to become users of other online or offline services directly or indirectly competitive or potentially competitive with Nearbuy.

Nearbuy reserves the right to prevent you from using the Website (or mobile application) and the Service (or any part of thereof) and to prevent you from making any purchase, if your conduct is found to be in question or in contravention of such Terms as mentioned in this Agreement.

PURCHASE AND SALE OF PRODUCTS AND/ OR SERVICES

Nearbuy takes no responsibility for the services and/ or products for which Nearbuy Vouchers may be redeemed. Further, Nearbuy makes no warranty to the Users for the quality, safety, usability, or another aspect of the product or service for which the Nearbuy Voucher may be redeemed.

Nearbuy disclaims any warranty or liability in relation to the Services/ Products for which the Offers/ Vouchers are purchased/ redeemed, for instance, quality, merchantability, imperishable in nature, fit for human consumption, etc.

Some services for which Nearbuy Voucher(s) can be redeemed are activities that involve potential bodily harm (such as different forms of adventure sports and other associated activities), and for those activities Nearbuy takes no responsibility in any manner whatsoever for the service or activity being displayed, and the User takes responsibility for his or her own acts in utilizing the services for which Nearbuy Voucher may be redeemed.

For more information see Nearbuy’s Terms of Sale.

AT HOME SERVICES

Nearbuy shall also make available At Home Services provided through its Merchant (at home service provider) base or the Individuals (i.e. service professional) having expertise in providing Services which shall be made available on Nearbuy Website or Mobile Application to the Users at their preferred location and shall include but not be limited to plumbing, cleaning, pest control, carpentry, electrical, repairs, salon & spa services, servicing, etc., which shall be subject to availability and the time slot considering the peak hours of the Services requested by the User.

The User shall be bound by the Terms of Sale as available on the Website or Mobile Application, as may be amended from time to time subject to sole discretion of Nearbuy, at all times.

For more information see Nearbuy’s Terms of Sale.

SECURITY

The User agrees and understands that all payments shall only be made to bank accounts of Nearbuy. Nearbuy or its agents, representatives or employees shall never ask a customer to transfer money to any private account or to an account not held in the name of Nearbuy. The User agrees that if that user transfers any amount against any booking or transaction to any bank account that is not legitimately held by Nearbuy or to any personal account of any person, Nearbuy shall not be held liable for the same. User shall not hold any right to recover from Nearbuy any amount that is transferred by the User to any third party.

The User will not share his personal sensitive information like credit/ debit card number, CVV, OTP, card expiry date, user IDs, passwords, etc., with any person including the agents, employees or representatives of Nearbuy. The User shall immediately inform Nearbuy if such details are demanded by any of its agents' employees or representatives. Nearbuy shall not be liable for any loss that the User incurs for sharing the aforesaid details.

Nearbuy or its Affiliates or any of its representatives will never ask for sensitive information like User ID, PIN, internet banking passwords, CVV Number, OTP, etc., through phone/ SMS/ email/ any other modes of communication. We request you not to share or to respond/ provide any such details to anyone.

CONVENIENCE FEE

In addition to the cost of booking of an offer/ deal available on the Nearbuy Platform, we reserve the right to charge certain fees in the nature of convenience fees or service fees. We further reserve the right to alter any and all fees from time to time. Any such additional fees, including fee towards any modifications thereof, will be displayed to the User before confirming the booking or collecting the payment from such User through a Payment Gateway.

In cases of short charging of the booking amount, taxes, statutory fee, convenience fee, etc., owing to any technical error or other reason, we shall reserve the right to deduct, charge or claim the balance amount from the User and the User shall pay such balance amount to us. In cases where the short charge is claimed prior to the utilization of the booking, we will be at liberty to cancel such bookings if the amount is not paid before the utilization date.

Any increase in the price charged by us on account of change in rate of taxes or imposition of new taxes, levied by Government shall have to be borne by the User. Such imposition of taxes, levies, etc., may be without prior notice and could also be retrospective but will always be as per applicable law.

REFUNDS

In the rare circumstance of a booking not getting confirmed for an Offer/ Deal for any reason whatsoever, we will process the refund of the booking amount paid by the User and intimate the User about the same. We are not under any obligation to provide an alternate booking in lieu of or to compensate or replace the unconfirmed booking. All subsequent bookings will be treated as new transactions. Any applicable refund will be processed as per the defined policies of Nearbuy.

The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the service, as per the applicable laws.

It is clarified that in cases of cancellation of the event by the Host/ Merchant or any third party, Nearbuy shall not be held liable or responsible in any manner whatsoever for any losses, claims, liabilities, damages, etc., to anyone.

CANCELLATION POLICY AND CANCELLATION FEES

Except with the prior registration with Nearbuy as B2B agents, priority partner or a merchant, and explicit permission of Nearbuy to use the Website, all merchants/ agents or aggregators are barred from using this Website for any commercial or resale purpose. If any such bookings are detected, Nearbuy reserves the right, including without limitation, to cancel all such bookings immediately without any notice to such merchants/ agents and also to withhold payments or any refunds thereto. Nearbuy shall not be held liable for any incidental loss or damage that may arise from the bookings made by any person through such merchants. The liability in case of such cancellations shall be solely borne by such merchants.

All discounts and offers mentioned on the Website or the mobile application are applicable only to the User(s) of Nearbuy for legitimate bookings for the respective offers/ deals.

Cancellation Fees shall mean and refer to the fees that shall be charged by Nearbuy from the User on a percentage basis to be calculated at the sole discretion of Nearbuy on the total MRP value excluding taxes which shall be applicable only in cases the User cancels the transaction/ voucher for the services purchased from the Merchant on the Nearbuy Platform which shall be deducted invariably from the User’s NB Wallet/ User’s NB Credits, if any, or the amount paid by the User for the transaction, as the case may be, and the same shall be solely retained by Nearbuy.

Refunds, if any, on cancelled bookings will always be processed to the respective account or the banking instrument (credit card, debit card, wallet, etc.) from which payment was made for that booking.

Booking(s) made by the User through Nearbuy are subject to the applicable cancellation policy given in the Terms of Use hereinbelow.

PROMOTIONAL CODES

Nearbuy may, in its sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/ or a Third Party Provider’s services, subject to any additional terms that Nearbuy establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether made available to a public form or otherwise), unless expressly permitted by Nearbuy; (iii) may be disabled by Nearbuy at any time for any reason without liability to Nearbuy; (iv) may only be used pursuant to the specific terms that Nearbuy establishes for such Promo Code; (v) are not valid for cash; vi) may expire prior to your use; and vii) unless otherwise specified cannot be used more than once. Nearbuy reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Nearbuy determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

INTELLECTUAL PROPERTY RIGHTS

Nearbuy grants you a limited, personal, non-transferable, non-exclusive, revocable license to access and use the Site pursuant to this Agreement and to any additional terms and policies set forth by Nearbuy. All Intellectual Property Rights (including all copyright, patents, trade marks, service marks, trade names, designs (including the "look and feel" and other visual or non-literal elements)) whether registered or unregistered) in the Website or mobile application and Service, (subject to the Title & Ownership Rights as mentioned below) information content on the Website or mobile application or accessed as part of the Service, any database operated by us and all the Website design, text and graphics, software, photos, videos, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property. All rights are reserved.

None of the material listed in this clause may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may, however, retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print / save one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website or mobile application without our permission.

“nearbuy.com”, the Nearbuy Logos and variations thereof found on the website or mobile application are trademarks owned by Nearbuy and all use of these marks inures to the benefit of Nearbuy. All rights (including goodwill and, where relevant, trade marks) in Nearbuy’s name are owned by us (or our licensors). Other product and company names mentioned on the Website or mobile application are the trademarks or registered trademarks of their respective owners.

The title, Ownership Rights and Intellectual Property Rights in and to the content accessed using the Service is the property of the applicable content owner or Merchant and may be protected by applicable copyright or other law. The Agreement gives you no rights to such content.

Subject to the Clause below, any material you transmit or post or submit to the Website or mobile application (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to our obligations under data protection legislation or such legislation that provides for protection of electronic data under Indian Laws. If for some reason, any part of that statement does not work as a matter of law, then for anything which you supply to us from whatever source (i.e. via email, the Website or otherwise) you grant us a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any such material.

All comments, suggestions, ideas, notes, drawings, concepts or other information: (i) disclosed or offered to us by you; or (ii) in response to solicitations by us regarding the Service or the Website or mobile application; (in each foregoing case, these are called "Ideas") shall be deemed to be and shall remain our property and you hereby assign by way of present and future assignment all intellectual property rights in Ideas, to us. You understand and acknowledge that we have both internal resources and other external resources that may have developed or may in the future develop ideas identical to or similar to Ideas and that we are only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.

DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

The User expressly agrees that use of the Website or mobile application is at the User’s sole risk. Neither Nearbuy, its Holding or Subsidiaries, Business Associates nor any of their respective employees, agents, and third party content providers warrant that use of the Website or mobile application will be uninterrupted or error-free; nor do they make any warranty as to (i) the results that may be obtained from use of this Website or mobile application, or (ii) the accuracy, reliability or content of any information, service or merchandise provided through the Website or mobile application.

The Website or mobile application are made accessible on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.

We do not give any warranty that the Services or the Website or mobile application are free from viruses or anything else which may have a harmful effect on any technology.

We reserve the right to change, modify substitute, suspend or remove without notice any information or Voucher or service from the Website or mobile application forming part of the Service from time to time. Your access to the Website or mobile application and/ or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. We assume no responsibility for functionality, which is dependent on your browser or other third party software to operate. There might be certain circumstances wherein Nearbuy may within the validity period of a particular Voucher withdraw any information or the Voucher from the Website or Mobile Application or services at any time.

We reserve the right to block access to and/ or to edit or remove any material, which in our reasonable opinion may give rise to a breach of this Agreement.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. The User specifically acknowledges that Nearbuy is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with the User.

In no event shall Nearbuy, or any Business Associates/ Employees, Third Party Content Providers, Third Party Advertisers or Third Party Service Providers, producing or distributing the Website or the contents hereof, mobile application and any software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Website or mobile application. The User hereby acknowledges that the provisions of this Clause shall apply to all contents on the Website and mobile application.

In addition to the terms set forth above, neither Nearbuy, nor its Subsidiaries and Business Associates, Third Party Service Providers or Third Party Content Providers shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or inauthenticity of, the information contained within the Website, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third party claims or losses of any nature, including without limitation lost profits, punitive or consequential damages.

Nearbuy will not be held liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement will not exceed the total Offer price paid or payable to you under this Agreement.

Nearbuy shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our associated banking partners from time to time.

Nearbuy’s liability is limited to providing the User with a confirmed booking as selected by the User for any product/ service provided by the Merchant and further listed on Nearbuy.

Any issues or concerns faced by the User at the time of availing any such services/ products shall be the sole responsibility of the Merchant. Nearbuy will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence on part of any Merchant.

Unless explicitly committed by Nearbuy as a part of any product or service:

1. Nearbuy assumes no liability for the standard of services as provided by the respective Merchants.
2. Nearbuy provides no guarantee with regard to their quality or fitness as represented by the Merchants.
3. Nearbuy doesn't guarantee the availability of any services as listed by a Merchant.

By making a booking, User understands Nearbuy merely provides a technology platform for booking of services and products and the ultimate liability rests on the respective Merchant and not Nearbuy. Thus the ultimate contract of service is between User and Merchant.

GIFT CARDS

1. The Gift Card is valid for purchases made from Nearbuy only and is valid for a period mentioned on the Voucher.
2. Gift Cards shall have their own are valid only on bookings made through Nearbuy mobile application and Website.
3. In exceptional cases of transaction failures after Gift Card is applied, amount would be automatically refunded to the same cards within 24 hours.
4. This Gift Card/ voucher cannot be clubbed with any other ongoing offer discount/ cash back/ promotion run by Nearbuy mobile application and Website.
5. This Gift Card is valid for partial redemption. Balance would remain in the Gift Card till the validity period and can be reused for multiple transactions.
6. Products and services are subject to availability.
7. The Gift Card cannot be cancelled or exchanged for cash.
8. The Gift Card validity cannot be extended under any circumstances.
9. Gift Card code/ physical copy or both to be provided at the time of booking along with an ID proof for the offline redemption.
10. Nearbuy is not responsible if the Gift Card is lost, stolen or used without permission.
11. In case of any fraud pertaining to the unauthorized usage/ utilization of Gift Cards by the User or any Third Party, Nearbuy disclaims any liability whatsoever with respect to the loss incurred by the User.
12. In case of cancellation of bookings made using the Gift Card within the validity period, the amount will be reversed to the same card as used at the time of booking.
13. Users are required to save the Gift Card Number and PIN to utilize this refunded amount, as we will not be able to reset the PIN or reissue a new Gift Card Number.
14. In case of cancellations where the Gift Card validity has expired, no refund will be processed for the amount paid via the Gift Card. However, for non-cancellable Gift Cards, no refund will be processed by Nearbuy in any manner whatsoever
15. Nearbuy is the final authority on the interpretation of these rules associated to Gift Cards.
16. Nearbuy reserves the right to deny accepting any Gift Card if it suspects that there is duplicity of cards.
17. In no event the liability of Nearbuy for any claim shall exceed the value of the Gift Card.
18. In the event of any dispute, parties agree to the exclusive jurisdiction of Courts of New Delhi.

RESERVATION POLICY

Any transactions relating to booking of table or reservations of products or services not directly offered by Nearbuy are to be settled inter-se between the merchant and the User i.e. Parties to such transaction, and all warranties express or implied of any kind, regarding any matter pertaining thereto, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed by Nearbuy. Nearbuy merely endeavors to provide a platform where you and merchant may interact, exchange information or carry out a reservation on such basis that are mutually agreed between you and the merchant. Nearbuy shall not be liable for any loss that you may incur, while making reservations or bookings by the User or for the third party.

Under no circumstances shall Nearbuy be held responsible or liable, in any way, for any content which in legal opinion is derogatory, threatening, defamatory, obscene or offensive or offends public sensibilities or morals and shall also not assume liability for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted or uploaded on the Website or mobile application, or any infringement of another's rights, including intellectual property rights. You specifically agree that Nearbuy is not responsible for any content sent using and/or included in Nearbuy’s Website or mobile application or service by any third party.

MONITORING

Nearbuy shall have the right, but not the obligation, to monitor the content of the Website or mobile application at all times, including any chat rooms and forums that may hereinafter be included as part of the Website or mobile application, to determine compliance with this Agreement and any operating rules established by Nearbuy, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Nearbuy shall have the right to remove any material that Nearbuy, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

PRIVACY

The User acknowledges that all discussions for ratings, comments, bulletin board service, chat rooms and/ or other message or communication facilities (collectively “Communities”) are public and not private communications, and that, therefore, others may read the User’s communications without the User’s knowledge. Nearbuy does not control or endorse the content, messages or information found in any Communities, and, therefore, Nearbuy specifically disclaims any liability concerning the Communities and any actions resulting from the User’s participation in any Communities, including any objectionable content. Generally, any communication that the User posts on the Website (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by Nearbuy as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Website or mobile application, User grants Nearbuy the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose. For more information see Nearbuy’s Privacy Policy.

LICENSE GRANT

By posting communications on or through this Website or mobile application, the User shall be deemed to have granted to Nearbuy, a royalty-free, perpetual, irrevocable & non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.

INDEMNIFICATION

The User agrees to defend, indemnify and hold harmless Nearbuy, its Subsidiaries and Business Associates, and their respective Directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of (i) the use of this Website and/ or the mobile application by the User; (ii) the use of the Voucher; (iii) the use of the Service or Website or mobile application through your password; or (iv) any breach of this Agreement by you.

TERMINATION

Nearbuy may terminate this Agreement at any time. Without limiting the foregoing, Nearbuy shall have the right to immediately terminate any passwords or accounts of a User in the event of any conduct by the User which Nearbuy, in its sole discretion, considers being unacceptable, or in the event of any breach by User of this Agreement.

One User can have only one Account with a unique e-mail ID and unique phone number. If Nearbuy has any suspicion or knowledge that any of its Users have created multiple Accounts with different e-mail addresses or phone numbers (including but not limited to account creation by using false names or providing misleading data for creating those Accounts or using disposable email addresses or disposable phone numbers) to generate additional cashback credits or misuse or take undue advantage of the promotional benefits being provided on the Nearbuy Platform, then Nearbuy may while reserving its rights to initiate civil and/ or criminal proceedings against such User may also at its sole discretion terminate, suspend, block, restrict, cancel the Account of such User and/ or disqualify that User and any related Users from availing the services ordered or undue benefits availed through these accounts.

All such provisions wherein the context so requires, including Clauses on Intellectual Property Rights, Disclaimer of Warranty, Limitation of Liability, License Grant, Indemnification and Termination above will survive termination of this Agreement.

Our right to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

THIRD PARTY CONTENT

Nearbuy, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, Nearbuy does not have editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including Third Party Content Providers, or any other Users are those of the respective author(s) or distributors and not of Nearbuy.

Neither Nearbuy nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose (refer to the Clause for ‘Disclaimer of Warranty, Limitation of Liability’ above for the complete provisions governing limitation of liabilities and disclaimers of warranty).

In many instances, the content available through this Website or mobile application represents the opinions and judgments of the respective information provider, User, or other users not under contract with Nearbuy. Nearbuy neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Website by anyone other than authorized Nearbuy employee/ spokespersons while acting in official capacities.

Under no circumstances will Nearbuy be liable for any loss or damage caused by User’s reliance on information obtained through the Website. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice, etc. or other content available through the Website.

The Website contains links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Nearbuy of the contents on such third-party websites and Nearbuy hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If the User decides to access linked third-party websites, the User does so at his/ her own risk.

Unless you have executed a written agreement with Nearbuy expressly permitting you to do so, you may not provide a hyperlink to the Website from any other website. Nearbuy reserves the right to revoke its consent to any link at any time in its sole discretion.

ADVERTISEMENT

Nearbuy may place advertisements in different locations on the Website and its Mobile Application and at different points during use of the Service. These locations and points may change from time to time at the sole discretion of Nearbuy.

You are free to select or click on advertised goods and services or not as you seem fit.

Any advertisements may be delivered on our behalf by a Third Party Advertiser.

No personal data (for example your name, address, email address or telephone number) will be used during the course of serving our advertising, but, on our behalf, our Third Party Advertiser or affiliate may place or recognize a unique "cookie" on your browser (see our Privacy Policy about this). This cookie will not collect personal data about you nor is it linked to any personal data about you. If you would like more information about this practice and to know your choices about not having this information used by any Company, see our Privacy Policy for more information.

FORCE MAJEURE

Without prejudice to any other provision herein, Nearbuy shall not be liable for any loss, damage or penalty as a result of any delay in or failure to deliver or otherwise perform hereunder due to any cause beyond Nearbuy’s control, including, without limitation, acts of the User, embargo or other Governmental act, regulation or request affecting the conduct of Nearbuy’s business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labor difficulties, lightning, flood, windstorm or other acts of God.

MISCELLANEOUS

This Agreement, our Terms of Sale and our Privacy Policy (including our Cookie policy) constitute the entire agreement between the parties with respect to the subject matter hereof. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to this Agreement except as expressly stated in this Agreement. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied on when entering into this Agreement (unless such untrue statement was made fraudulently or was as to a matter fundamental to a party’s ability to perform this Agreement) and that party’s only remedies shall be for breach of contract as provided in this Agreement. However, the Service is provided to you under our operating rules, policies, and procedures as published from time to time on the Website.

No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.

The section headings used herein are for convenience only and shall be of no legal force or effect.

If any provision of this Agreement is held invalid by a Court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.

All provisions of this Agreement apply equally to and are for the benefit of Nearbuy, its Subsidiaries, any Holding Companies of Nearbuy, its (for their) affiliated and/ or their Third Party Content Providers and Licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Agreement may be varied or rescinded without the consent of those parties).

The registered office of Nearbuy India Private Limited is situated in Delhi, India. Legal issues arising out of, but not exclusive to the use of, this Website or mobile application (unless otherwise specifically stated) are governed by and in accordance with the laws of India (exclusive of its rules regarding conflicts of laws) and the parties shall submit to the exclusive jurisdiction of the Courts in Delhi.

PRODUCTS/ SERVICES TAKE DOWN POLICY: REPORTING VIOLATION OF INFRINGEMENT

We want to list the products and services of genuine sellers on our website or mobile application in order to ensure that infringing products are removed from the site, as they affect your and genuine Seller’s valuable trust.

We do not and cannot verify if the Sellers have the right or ability to sell or distribute their listed products or services. However, we are committed to removing any infringing or unlicensed product or service once an authorized representative of the rights owner properly reports them to us. We sincerely want to ensure that item listings do not infringe upon the copyright, trademark or other intellectual property rights of third parties. We have the ability to identify and request removal of allegedly infringing products and materials. Any person or company who holds intellectual property rights (such as a copyright, trademark or patent) that may be infringed upon by products listed on Nearbuy is encouraged to report the same to our Legal Team.

CONTACT US

In accordance with the Information Technology Act, 2000, and the Rules made thereunder, if you have any questions regarding our Privacy Policy or our Terms of Sale or Terms of Use of the site, you may contact our Support Team at the details mentioned below:

Name: Nearbuy India Private Limited

Address: Building No. 22, LSC Madangir, Pushp Vihar Commercial Complex, Saket, New Delhi – 110062

E-mail: support@nearbuy.com

Business Hours: Monday to Friday (09:30 to 18:30)

Please note that Nearbuy has defined and published the Terms and Conditions of Use (including its Privacy Policy and Cookie Policy for accessing or using www.nearbuy.com website in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011. This document is framed in accordance with the Information Technology Act, 2000, and the Rules framed thereunder and such other applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This is an electronic record that is generated by a computer system and does not require any physical or digital signatures.

nearbuy.com Terms Of Sale

Created on: September 1, 2015

Last updated: December 10, 2019

ACCEPTANCE OF TERMS AND CONDITIONS

By purchasing any Merchant Offers, Product or participating in other available programs via the Website or Mobile Application, you agree to the Terms of Use, including, without limitation, the Terms of Sale specified hereinbelow. These Terms of Sale form part of the overall Terms of Use of the Website and the Mobile Application and are to be read in consonance with them.

These rules apply unless otherwise stated in the fine print pertaining to the Offer:

• Voucher will expire on the date specified on the voucher.
• Cannot be combined with other offers.
• Providing voucher code is mandatory to avail offer.
• Booking, reservations and amendments are subject to availability.
• In case there is an existing Admission Policy/ Reservation Policy/ House Rules/ Club Rules regarding dress code, attire, language, ethics or suitability to redeem the Voucher at a Merchant’s Establishment, the Customer or the User shall have to abide by the same
• In case you have availed or booked any At Home Service, please ensure that you duly check and validate the Photo ID Proof of the personnel of the Merchant or Individual itself, as the case may be.
• Must be redeemed in a single visit (unless specified otherwise).
• Vouchers can be redeemed only after due verification of the Customer (including Photo ID Proof, if required).
• All local/ national laws and rules, consumption of intoxicants etc. that apply to regular customers, apply to Nearbuy voucher holders too.
• The merchant is solely responsible for the taxes levied/ to be levied on the services/ products for providing the Sales Invoice to the Customer against the services rendered or product sold.
• In case of cancellation or transactional failure, Promo Codes shall not be valid for cash back.

Food & Beverages Offers with Drinks:

• Drinks can only be redeemed only after due verification of the customer (including age proof – 25 years or above and as per the legal drinking age set by the respective state, Government issued valid Photo ID Proof etc., if required).
• Drinks will be served on valid offer days, except dry days. Please check local dry day listings before availing the offer.
• Drink brands are subject to availability. If a particular brand is unavailable at a given point in time another brand of equal or better grade will be served as per the Restaurant policy.

Health/ Medical/ Surgical Services and other Offers:

Given the nature of these Offers, Nearbuy does not take responsibility for any medical complications that arise during or post the treatment. We strongly advise our Users to take all necessary precautions/ consultations before availing this Offer.

Purchase and Redemption of Nearbuy Vouchers:

• Descriptions of the Merchant Offers and Products listed on the Website and Mobile Application are provided by the Merchant or other referenced third parties. Nearbuy is not responsible for any claims associated with the description of the Merchant Offers or Products. Pricing relating to certain Merchant Offers, Products, and other available programs on the Website and Mobile Application may change at any time in Nearbuy’s sole discretion without notice. Thus, it is advisable to go through the policies before making any purchase or redemption on our Website or Mobile Application.
• A Merchant may list goods, services or experiences on the Website and Mobile Application, or with respect to Products or Services, supply products or services to Nearbuy, that require Merchant to have an up-to-date regulatory authorization, license, approval or certification. Nearbuy does not verify, validate, or collect evidence of any regulatory authorization, license or certification from any Merchant (including but not limited to Health & Fitness and Beauty & Spa Merchants and At Home Services), of which sole responsibility shall be of the Merchant at all times and shall be governed by the separate Terms and Conditions agreed between the Merchant and Nearbuy that may be subject to change from time to time.
• Nearbuy is not a health or wellness provider and does not, will not and cannot refer, recommend or endorse any specific professional, services, products or procedures that are advertised on the Website and Mobile Application. The Website and/ or Mobile Application is not a substitute for professional advice, including, without limitation, medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a health condition. Never neglect to seek out or delay or disregard professional advice relating to your health because of something you have read on the Website or Mobile Application.
• Nearbuy may, in its sole discretion, verify a User’s identity prior to processing a purchase. Nearbuy may also refuse to process a purchase, may cancel a purchase, or may limit quantities, as reasonably deemed necessary, to comply with applicable law or to respond to a case of misrepresentation, fraud or known or potential violations of the law or these Terms of Sale. Refunds for cancelled orders may be issued where appropriate.
• If an offer becomes unavailable between ordering and processing, Nearbuy will either cancel or not process the order and may notify you by email accordingly. Refund shall be processed by the original mode of payment as was used while ordering or booking by the Customer.
• Nearbuy does not guarantee that it offers best available prices and does not guarantee against pricing errors. Nearbuy reserves the right, in its sole discretion, to not process or to cancel any orders placed, including, without limitation, if the price was incorrectly made available on the Website or Mobile Application. If this occurs, Nearbuy may attempt to notify you by email. In addition, Nearbuy reserves the right, in its sole discretion, to correct any error in the stated retail price of the Merchant Offers or Product as agreed and provided by the Merchant.
• Some services or products for which Nearbuy Voucher(s) can be redeemed are activities that involve potential bodily harm (such as different forms of adventure sports and activities.), and for those activities Nearbuy takes no responsibility for the service or activity being offered, and the User/ Customer takes entire responsibility for his or her own actions in utilizing the services or products for which the Nearbuy Voucher can be purchased or redeemed.

The Nearbuy website is an intermediary (Platform) which facilitates promotion of various Offers offered by Merchants, on their respective services and products by way of offering vouchers.

Vouchers:

• Voucher means an instrument, in either physical or electronic form, present in the form of alphanumeric code/ QR code containing the terms of the Offers/ Deal which entitles the holder of such Voucher (the “Voucher Holder”) to receive the Merchant Offers from the Merchants of Nearbuy, to be used on or before the use by date stated on the Voucher (the “Voucher Expiry Date”).
• The Merchant Offers shall mean the products and/ or services to be provided by the Merchant to the respective Voucher Holder, as specified on Nearbuy’s Website/ Mobile Application and the Voucher.
• The Merchant is a third party unrelated to Nearbuy that sells, supplies and/ or provides the Merchant Offers on Nearbuy Website or Mobile Application. Nearbuy itself does not indulge in any selling activity of Merchant Offers. Nearbuy displays the Merchant Offers on Nearbuy Website or Mobile Application and acts as a collection agent for the Merchant for Merchant Offers on the Nearbuy Website or Mobile Application. Once a User makes a purchase of the Merchant Offer on Nearbuy Website or Mobile Application, Nearbuy provides you with a Voucher which will enable you to avail the Merchant Offer.
• In order to purchase and redeem Nearbuy Vouchers, the User shall be required to create an account on the Nearbuy Website or Mobile Application. This is required so that we can provide you with easy access to your orders or view your past purchases.
• By making a purchase and/ or redemption of Merchant Offer listed on the Website or Mobile Application, you get a Nearbuy Voucher which enables you to avail the Merchant Offer which you have selected based on Nearbuy’s Standard Terms of Use and Conditions, institution-specific restrictions and on these Terms of Sale.
• When you go through the procedure for purchasing a Voucher, you are required to accept these Terms of Sale before making payment. Once Nearbuy has received the amount due from the Customer for Merchant offer (by Debit Card or Credit Card or Net Banking or UPI or other acceptable modes of payment) the transaction is considered complete, and a contract for purchase is made, and at this stage, Nearbuy will send an email to you confirming the transaction (which is our acceptance of the transaction). We keep a copy of the contract with us. You are welcome to save these Terms of Use and Terms of Sale from our Website as a record.
• In case of a User availing At Home Services, the User may request for cancellation of the Service at any time but not less than 24 hours before the day and time slot allocated as per the preference of the User for availing the Services.
• If you wish to cancel your voucher, you may do so by visiting the ‘Purchases’/ ‘My Orders’ section on the Website or the Mobile Application, choose the voucher you wish to cancel and follow the process mentioned. Alternatively, you can send an email at support@nearbuy.com to inform Nearbuy of your intention to cancel the Voucher. The request for cancellation shall be denied if the vouchers are non-cancellable vouchers or if the vouchers have been found to be redeemed.
• All Nearbuy Vouchers shall be subject to the standard terms and conditions and specific terms and conditions (as mentioned on the Offer). Nearbuy Vouchers are issued on behalf of the Merchants and only such Merchants, to the exclusion of Nearbuy, shall be responsible for any and all injuries, illnesses, damages, charges, expenses, claims, liabilities and costs suffered by or in respect of a Customer, caused in whole or in part by the Merchants or which arises out of the products and/ or services provided by the Merchants, as well as for any unclaimed property liability arising from unredeemed Nearbuy Vouchers.
• As a condition of purchase, we reserve the right to send you administrative and promotional emails. We may also send you information regarding your purchases, as well as updates about the Website or Mobile Application and Service and Vouchers as well as other promotional offers. You can opt out of our promotional emails anytime by clicking the unsubscribe link at the bottom of any of our email correspondences. Please see our Privacy Policy for details.
• Any purchase of a Voucher is for your non-commercial, personal use only (although you may give the Voucher to someone else for their non-commercial, personal use).
• You promise not to provide false data including false names, addresses and/ or contact or payment details; or engage in any unlawful activity in connection with the purchase or use of a Voucher, or allow/ encourage anyone else to do so.
• Any attempt to redeem a Voucher contrary to these Terms of Sale may render a Voucher void at Nearbuy’s discretion.
• The reproduction of a Voucher is strictly prohibited.
• The commercial trade of a Voucher is strictly prohibited.

Standard Terms and Conditions (applicable for Restaurant Services offered through Nearbuy Vouchers):

For the purposes of this section, ‘Restaurant’ shall be defined as an Institution that offers food and beverages for sale in its regular business operations, and is making such food and beverages available to purchasers of Nearbuy Vouchers. In this respect, the following shall constitute as ‘Standard Terms and Conditions’ for redeeming Nearbuy Vouchers:

• Nearbuy shall not be responsible for the quality of services provided by the Restaurant, and the same shall be the sole responsibility of the Restaurant.
• Nearbuy Vouchers are redeemable in their entirety only and may not be redeemed partially or incrementally.
• Nearbuy Vouchers can be redeemed only after due verification of the customer including, without limitation, matching the unique identification number provided to the customer at the time of purchase of Nearbuy Vouchers.
• “Voucher expiry date” shall be mentioned on Nearbuy Vouchers for your reference.
• Use of Nearbuy Vouchers for drinks shall be at the sole discretion of the Restaurant and is further subject to all applicable laws.
• It is at the discretion of the Restaurant to determine whether Nearbuy Vouchers can be combined with any other Restaurant vouchers, third party vouchers, coupons, or promotions and the like.
• Nearbuy Vouchers cannot be used for taxes, tips or prior balances, unless permitted by the Restaurant.
• Nearbuy Vouchers are valid for dine-in only unless otherwise stated.
• The issuing of restaurant credit is at the sole discretion of the Restaurant.
• Neither Nearbuy nor the Restaurant is responsible for lost or stolen Vouchers or the reference numbers mentioned on it.
• Reproduction, sale or trade of Nearbuy Vouchers is strictly prohibited.
• Any attempted redemption not consistent with these Terms of Use, Standard Terms & Conditions and Specific Terms & Conditions mentioned on the Voucher will render the Nearbuy Voucher void and invalid.
• Nearbuy Voucher (including, but not limited to, any discounts provided therein) will expire on the date specified on it, and you will not be able to avail the service from the Merchant after this date.

Restaurants for which the Offers are availed by you will have their own applicable terms and conditions, in relation to their own supply of their products and services, and you agree to (and shall) abide and adhere to those terms and conditions. The responsibility to do so is yours alone.

Standard Terms and Conditions (applicable for Non-Restaurant Services offered through Nearbuy Vouchers):

The following shall constitute as ‘Standard Terms and Conditions’ for redeeming Nearbuy Vouchers for purchasing Merchant’s products and/ or services from Institutions other than Restaurants:

• Nearbuy shall not be responsible for the quality of products and/ or services provided by the Institution, and the same shall be the sole responsibility of the Institution/ Merchant.
• Nearbuy Vouchers are redeemable in their entirety only and may not be redeemed incrementally.
• Nearbuy Vouchers can be redeemed only after due verification of the Customer including, without limitation, matching the unique identification number provided to the Customer at the time of purchase of Nearbuy Vouchers.
• Limit One (1) Voucher per redemption. Only one Voucher can be used per visit unless otherwise provided in the Specific Terms & Conditions of the Voucher or as specified by the Institution/ Merchant.
• Neither Nearbuy nor the Institution is responsible for lost or stolen Vouchers or the reference number mentioned on it. Nearbuy Vouchers cannot be combined with any other gift vouchers, third party vouchers, coupons, or promotions, unless otherwise specified by the Institution.
• Reproduction, sale or trade of Nearbuy Vouchers is strictly prohibited.
• Any attempted redemption not consistent with these terms and conditions will render the Nearbuy Voucher void and invalid.

Institutions/ Merchants will have their own applicable terms and conditions, in relation to their own supply of their products and services, and you agree to (and shall) abide and adhere to those terms and conditions. The responsibility to do so is yours alone.

At Home Services/ Services at Home/ Home Services:

Nearbuy shall also make available At Home Services provided through its Merchant (at home service provider) base or the Individuals (i.e. service professional) having expertise in providing Services which shall be made available on Nearbuy Website or Mobile Application to the Users at their preferred location and shall include but not be limited to plumbing, cleaning, pest control, carpentry, electrical, repairs, servicing, etc., which shall be subject to availability and the time slot considering the peak hours of the Services requested by the User.

While opting for these Services to be provided at the Doorstep of a particular User or any of its associated parties, the onus of such bookings or its full utilization shall be of the User at all times which shall not be only restricted to the upkeep of its own safety, security, health, hygiene, cleanliness, any illegal or fraudulent activity, etc. Nearbuy shall not be held liable in any manner whatsoever for the Services performed by the Merchant or Individual and further received by the User. The User availing such Services shall ensure that he/ she verifies the personnel allocated for providing such Services at Home before such person enters the premises or the vicinity of the User where he will physically check the valid Photo ID proof of the personnel of the Merchant or of the Individual, as the case may be. For any grievance or mishap or any illegal activity done by the Merchant/ Individual must be reported by the User to the nearest Police Station and marking a copy of the said complaint to Nearbuy which shall be investigated by the authorities and if the same requires any redressal, the same shall be met in accordance.

While using Nearbuy Website or Mobile Application, User shall not:

• Post content or items in any inappropriate category or areas on the Website or Mobile Application;
• Violate any laws, third-party rights, Account Policies, or any provision of the Terms of Use, such as the prohibitions described above;
• Fail to deliver payment for Services purchased by you, unless the Merchant or the Individual has materially changed the description of the Service description after you negotiate an agreement for such Service, a clear typographical error is made, or you cannot authenticate the individual(s)/ personnel identity;
• Fail to perform Services purchased from you, unless the Service User fails to materially meet the terms of the mutually agreed upon agreement for the Services, refuses to pay, a clear typographical error is made, or you cannot authenticate the Service User's identity;
• Manipulate the price of any Service or interfere with other users' Postings;
• Circumvent or manipulate our fee structure, the billing process, or fees owed to Nearbuy;
• Post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any Website user);
• Take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of the Website or using it for purposes unrelated to the Website)

YOU AGREE THAT YOUR USE OF THE WEBSITE OR MOBILE APPLICATION SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND NEARBUY AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, MERCHANTS, INDIVIDUALS, ONBOARDED INDIVIDUALS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS WEBSITE OR MOBILE APPLICATION, THE SERVICES OFFERED ON OR THROUGH THIS WEBSITE OR MOBILE APPLICATION, ANY DATA, MATERIALS, SUBMITTED CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE OR MOBILE APPLICATION, INCLUDING WITHOUT LIMITATION THE MATERIALS, DATA AND SUBMITTED CONTENT OF OTHER USERS OF THIS WEBSITE OR MOBILE APPLICATION OR OTHER THIRD PARTIES.

UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE OR MOBILE APPLICATION, THE SERVICES OFFERED ON OR THROUGH THIS WEBSITE, DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE OR MOBILE APPLICATION IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHEREIS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NEARBUY DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR MOBILE APPLICATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROVIDER, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE WEBSITE OR MOBILE APPLICATION OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR MOBILE APPLICATION. NEARBUY DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR MOBILE APPLICATION OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. NEARBUY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY, INCLUDING THIRD PARTY SERVICE PROFESSIONALS OF PRODUCTS OR SERVICES. AS WITH THE USE OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

1.IN NO EVENT SHALL NEARBUY, OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM ANY

• ACCESS TO OR USE OF THE WEBSITE OR ANY SERVICES OFFERED BY ANY SERVICE PROFESSIONALS OR MERCHANTS OR INDIVIDUALS VIA THE WEBSITE OR MOBILE APPLICATION, INCLUDING SERVICES PROVIDED PURSUANT TO AN AGREEMENT FORMED INDEPENDENTLY OF THE WEBSITE OR MOBILE APPLICATION, WHETHER OR NOT AN AGREEMENT FOR SERVICE FORMED VIA THE WEBSITE OR MOBILE APPLICATION IS IN EFFECT;
• ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR MOBILE APPLICATION OR SUBMITTED CONTENT;
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/ OR ANY AND ALL PERSONAL INFORMATION AND/ OR FINANCIAL INFORMATION STORED THEREIN;
• ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR MOBILE APPLICATION BY ANY THIRD PARTY;
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR MOBILE APPLICATION;
• ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR MOBILE APPLICATION OR SUBMITTED CONTENT;
• ANY FAILED NEGOTIATIONS FOR A SERVICE, ANY DISPUTES THAT ARISE DURING OR AFTER THE NEGOTIATION OF A SERVICE OR THE FORMATION OF A CONTRACT FOR A SERVICE, OR ANY OTHER DISPUTE THAT ARISES BETWEEN USERS OF THE WEBSITE OR MOBILE APPLICATION;
• ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROFESSIONAL OR MERCHANT OR INDIVIDUAL/ PERSONNEL; OR
• ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE WEBSITE OR MOBILE APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NEARBUY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

2. IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF NEARBUY, OR ANY OF THE ABOVE-REFERENCED RESPECTIVE PARTIES, ARISING FROM OR RELATING TO THE WEBSITE OR MOBILE APPLICATION, AND/ OR SUBMITTED CONTENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO NEARBUY BY YOU HEREUNDER. YOU HEREBY ACKNOWLEDGE AND AGREE THAT NEARBUY SHALL NOT BE LIABLE FOR SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROVIDER OR MERCHANT OR INDIVIDUAL/ PERSONNEL AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEARBUY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM OR RELATING TO ANY CONTRACT BETWEEN WEBSITE OR MOBILE APPLICATION USERS ENTERED INTO INDEPENDENTLY OF THE WEBSITE OR MOBILE APPLICATION. THE WEBSITE OR MOBILE APPLICATION MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES THAT ARE NOT OWNED OR CONTROLLED BY NEARBUY. NEARBUY DOES NOT HAVE ANY CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY WEBSITES. IN ADDITION, NEARBUY WILL NOT AND CANNOT CENSOR OR EDIT THE CONTENT OF ANY THIRD-PARTY SITE. BY USING THE WEBSITE, YOU EXPRESSLY RELIEVE NEARBUY FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD PARTY WEBSITE. ACCORDINGLY, PLEASE BE ADVISED TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICY OF EACH THIRD-PARTY WEBSITE THAT YOU VISIT, INCLUDING THOSE DIRECTED BY THE LINKS CONTAINED ON THE WEBSITE OR MOBILE APPLICATION. Neither Nearbuy nor you shall be liable to the other for any delay or failure in performance under the Terms of Use, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.

For more information see Nearbuy’s Terms of Use.

Redeeming your Credits:

To check your Nearbuy Credits balance, check your ‘My Account’ page. If you have Nearbuy credits in your Nearbuy account, you can choose to apply the same at the time of completing your purchase with Nearbuy and your payment amount shall be accordingly reduced with the amount of available & applied credits. This is however, subject to the following exceptions:

• Nearbuy Credits can be applied only to a qualifying Offer, i.e. an Offer, for payment of which, Nearbuy Credits can be applied.
• Nearbuy may from time to time provide for Credits’ inapplicability or partial applicability or modify or disable the option to apply Nearbuy credits on certain Offers and the details of the same shall be provided on the Offer Page.
• You must complete your valid purchase of the qualifying Offer to avail the benefit of these credits.
• Any voucher bought using Referral/ Promotional Credits shall not be eligible for re-validation or refund.

FREQUENTLY ASKED QUESTIONS

Below are the most frequently asked questions we receive about Offers/ Deals featured on Nearbuy. Unless stated otherwise in ‘The Fine Print’ section of the Offer/ Deal, these answers apply to all Offers/ Deals listed on Nearbuy.

1. How long do I have to wait to use my Vouchers once I’ve purchased it?

1. You can use a Voucher immediately upon its successful purchase and receipt of the Voucher.

1. Do I need to book in advance when using my Vouchers?

1. Advance booking is essential when redeeming your Vouchers unless otherwise stated. Any further redemption instructions will be included in the Fine Print section.

1. Do I need to mention Nearbuy when booking?

1. Please mention that you are a Nearbuy customer when booking your session.

1. How do I print a PDF voucher?

1. Nearbuy does not require you to print your Voucher. (Please save paper! Go Green Initiative). However, in case you would still want to go ahead and print the voucher, please follow the below process:

Firstly, how to find your Voucher:

• Check your email after completing the purchase
• Not there? Check your junk/ spam folder (it may have been redirected there)
• Checked your junk/ spam and still no Voucher? Log on to our website and download the pdf from your account

To download your Voucher in the PDF format please follow the steps below, which apply for any Voucher you purchase:

• Log on to www.nearbuy.com
• Click on the login button at the extreme right hand corner of the blue ribbon across the page (below the cities listing).
• Enter your username (the email address registered with us) and your password.
• Once logged in, please click on the ‘My Orders’ or ‘Purchases’ section of ‘My Account’
• Use the icon below the relevant Voucher to download and print

1. Can I give this Voucher as a gift?

1. Yes – you can give your Voucher to whomever you want. Don’t worry if your name is on the Voucher you are gifting—as long as the number hasn’t been used yet, your friend won’t have a problem using it.

1. The fine print says “Limit One (1) per person” and “May buy multiples as gifts.” Can I buy myself some Vouchers as gifts to myself and use more than one?

1. No. If the fine print says this, you can only redeem one. If you buy more than one then you have to give them away as gifts to other people.

1. How do I book?

1. There will be instructions and relevant contact details on your Voucher.

1. If I’m running late for an appointment will they accommodate me?

1. In most cases the bookings are allocated the amount of time required for the treatment and will usually have appointments back to back so they are unlikely to be able to accommodate you if you arrive late. However, in some cases, a Merchant may be able to accommodate you. We encourage you to proactively check with the Merchant if you are late for an appointment.

1. What is the Cancellation Policy for Vouchers?

1. Most of our vouchers are cancellable. In case of a voucher for Services, once we issue you the Voucher, you may request for a cancellation of the voucher at any time within the expiry date mentioned on the voucher. The same will not be applicable for non-cancellable vouchers. If you wish to cancel your voucher, you may do so by visiting the ‘Purchases’/ ‘My Orders’ section on the Website or the Mobile Application, choose the voucher you wish to cancel and follow the process mentioned. Alternatively, you can send an email at support@nearbuy.com to inform Nearbuy of your intention to cancel the Voucher. The request for cancellation shall be denied if the vouchers are non-cancellable vouchers or if the vouchers have been found to be redeemed.

For more information see Nearbuy’s Terms of Use.

General:

• If an offer becomes unavailable between your booking and before redemption, Nearbuy will cancel your order and may notify you by email.
• Refund for cancellation or otherwise will be processed by the original mode of payment as was used while ordering by the Customer or in the form of Nearbuy credits, as per the discretion of Nearbuy.
• Any voucher bought using Referral/ Promotional Credits shall not be eligible for re-validation or refund or cancellation.
• Where an Offer is specified to be non-cancellable or non-refundable on the Offer Page, this Refund & Cancellation Policy shall not apply to such Offers.

What are the Restaurant Policies?

• Anti-Wastage Policy: Applicable to unlimited Food & Beverage Services
• Customers will be served 1 (One) portion at a time; replacements will be served after completion of previous serving
• Customer may be charged at MRP for any dish of which 50% is left over as per terms specific to Offers.

Contact Us:

In accordance with the Information Technology Act, 2000, and the Rules made thereunder, if you have any questions regarding our Terms of Sale, you may contact our Support Team at the details mentioned below:

Name: Nearbuy India Private Limited

Address: Building No. 22, LSC Madangir,

Pushp Vihar Commercial Complex, Saket, New Delhi – 110062

E-mail: support@nearbuy.com

Business Hours: Monday to Friday (09:30 to 18:30)