Near-by.in Terms of Use

Terms and Conditions

General: The user or the customer needs to unconditionally agree with the terms and conditions of the website (www.near-by.in) or Near-by or near-by.in. Therefore, we, Div International Technology Services Pvt. Ltd., with our registered office at 6-2-966/4/1/C, Hill Colony, Veer Nagar, Khairtabad, Hyderabad, Telangana, India-500004. Hereafter, we have given this information for the use of Near-by.in’s website, which is owned and maintained by us. The website (near-by.in) inculcates individual websites, vendor-specific, city-specific, and state-specific websites. All communications on this website must act in accordance with these Terms of Use. If you are not willing to agree with our terms and conditions (the "Terms of Use") in this document, please abstain from using this website. The term "website" must include any or all of the following: algorithms, logs, data, and ministies.

"Near-by" and "Near-by.in" have been used interchangeably in this document. Near-by allows the user to surf the Website or making purchases without registering on the Website. The term "We", "Us", "Our" shall mean Near-by.

Terms of Use: By using this website, you are agreeing to the TERMS OF USE that appears below. This agreement is made between you and us.

Amendments: If we make changes to our Terms of Use and Privacy Policy and you continue to use our Website, you are deemed to have implicitly agreed to the amended Terms of Use and Privacy Policy. Continued use of any of the services provided by Near-by via the Website including the information services, content and transaction capabilities on the Website, including the ability to make a purchase will be deemed to constitute acceptance of the new terms and conditions. Near-by 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: 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 Near-by’s termination of these terms with you. Unless otherwise permitted by Near-by in writing, you may only possess one Account. You shall not use the Near-by website 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 Near-by website.

Near-by 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: Near-by's Website is not available outside the Republic of India. Near-by makes no representation that service (or any goods or services) are available or otherwise suitable for use outside the country in which you are accessing the Website. You do so on your own initiative and are responsible for the consequences.

Website: Near-by offers an interactive online service through its Website on the World Wide Web of the Internet (the "Web" or "Internet") which includes information services, content, and transaction capabilities provided by Near-by, 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 Near-by.

Transferability: The user's right to use this website is personal to them and cannot be transferred to another person or entity. The user is responsible for keeping the confidentiality of any passwords he or she may have. The user understands and acknowledges that, while the Internet is generally a secure environment, there may be service interruptions or events beyond Near-by's control, and Near-by will not be held liable for any data lost or misused by a third party while transmitting information on the Internet in any manner.

Not on a continuous basis: While Near-by strives to keep the website up and running at all times, the website may be offline from time to time for a variety of reasons, including periodic maintenance. You understand and accept that access to the website may be interrupted, suspended, or cancelled from time to time due to factors both within and outside of Near-by's control. Near-by retains the right, at any time and without notice, to terminate access to any or all Near-by website(s) and connected services, or any portion thereof. Near-by reserves the right to change or discontinue any component or function of the website at any time, including, but not limited to: content, images, offers, settings, hours of availability, and equipment required for access or use are only a few examples. Furthermore, Near-by reserves the right to stop disseminating any portion or category of information, change or eliminate any communication method, and alter transmission speeds or other signal properties.

EQUIPMENT

User’s Responsibility: To use the site or services, you need Internet connectivity and appropriate telecommunication links. Near-by shall not be liable for any damages to the user's equipment. The user is responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of this website.

USER CONDUCT

Restrictions: The user agrees not to use or allow anyone else to use the service, website in the following ways:

a.) To post, send, or receive any information for which you have not secured all required licences and/or approvals (from us or third parties); or that constitutes or encourages activity that would be deemed a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe on the rights of any third party in any nation in the world;

b.) To upload, send, or receive any technically harmful material (such as computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, malicious software, harmful data, or anything else that could disrupt, interfere with, corrupt, or otherwise limit the functionality of any software or computer equipment);

c.) Intercepting or attempting to intercept any messages sent over a telecommunications infrastructure;

d.) For a function other than the one for which they were developed or intended;

e.) For any nefarious objectives;

f.) In any way that is intended to promote hatred towards any ethnic, religious, or other minority, or that is intended to harm any individual, group, or entity.

g.) To upload, send, or receive any material, including user content, that is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, homophobic, infringing, pornographic, violent, misleading, grossly offensive, of an indecent, obscene, or menacing nature, blasphemous or defamatory, or of a libellous nature of any person or entity, in contempt of Court or in breach of confidence,

h.) To produce unnecessary discomfort, inconvenience, or distress.

Forbidden Uses: The following uses of the site and services are explicitly prohibited, and you agree not to do (or allow others to do) any of them:

a) Resell the services or the website;

b) Provide fake information, such as phoney names, addresses, and phone numbers, as well as fraudulent use of credit/debit card numbers, net banking, or any other payment method;

c) Attempt to circumvent our security or network by accessing data not meant for you, logging into a server or Account you are not expressly permitted to access, or probing the security of other networks (for example, by executing a port scan);

d) Use the services (or the site) in a way that would or does place an unreasonable or disproportionately large load on our infrastructure, or otherwise disrupts or interferes with its functionality, efficiency, or operation;

e) Engage in any network monitoring that intercepts data that is not intended for you;

f) Send unsolicited mail communications, such as "junk mail" or other advertising material to those who haven't asked for it. It is expressly forbidden to send unsolicited bulk mail messages. Commercial advertising, promotional, or informational messages, as well as political or religious pamphlets, are all examples of bulk mailing. Only those who have specifically requested such content may receive it. If a receiver requests that they no longer receive this type of email, you may not send them anymore;

g) Create or forward any sort of "chain letters" or "pyramid schemes," whether or not the receiver desires to receive them;

h) Send harmful email, such as flooding a person or a website with a high number of emails;

i) Enter into fraudulent interactions or transactions with us, a seller, or a retailer(including interactions or transactions purportedly on behalf of a third party for which you have no right to bind that third party or for which you are posing as a third party);

j) Violate this agreement by using the services or site (or any relevant functionality of either of them);

k) Forge or use mail header information in an illegal manner;

l) Engage in any illegal or criminal action related to the use of the services, the site, or any voucher; or

m) Make a commercial copy or use of any user content;

n) Engage in any foolish act that in any way damages Near-by's goodwill and brand name, whether through its website.

Any behaviour by a user that, in Near-by's sole judgement, violates the Terms of Use or prevents or hinders another user from using or enjoying this website is strictly prohibited. The user may not use this website to advertise or perform any commercial, religious, political, or non-commercial solicitation, including, but not limited to, soliciting users of this Website to become users of other online or offline services that are directly or indirectly competitive with Near-by.

If your conduct is determined to be in doubt or in violation of such terms as indicated in this agreement, Near-by retains the right to prevent you from accessing the website, the service (or any portion thereof), and from making any purchase.

PRODUCT AND/OR SERVICE PURCHASE AND SALE

Near-by accepts no responsibility for the services and/or items purchased with Near-by vouchers. Furthermore, Near-by provides no representations or warranties to users regarding the quality, safety, usability, or any other feature of the goods or service for which the Near-by voucher may be used.

Near-by disclaims any guarantee or liability in connection with the services/ products for which the offers/ vouchers are purchased/ redeemed, such as quality, merchantability, natural perishability, fit for human consumption, and so on.

Near-by takes no responsibility in any way for the service or activity being displayed, and the user takes responsibility for his or her own acts in utilising the services for which Near-by Voucher(s) can be used.

SECURITY

The user acknowledges and accepts that all payments must be made to Near-by bank accounts. Near-by, its agents, representatives, or employees will never ask a customer to transfer money to a personal

account or an account that is not held in Near-by's name. Near-by shall not be held liable if the user transfers any amount against any booking or transaction to any bank account that is not properly held by Near-by or to any personal account of any individual. The user shall have no right to reclaim from Near-by any amount transferred to a third party by the user.

The user will not communicate any of his personal sensitive information, such as his credit/debit card number, CVV, OTP, card expiry date, user IDs, passwords, and so on, with anyone, including Near-by's agents, employees, or representatives. If any of its agents' employees or representatives seeks such information, the user must promptly notify Near-by. Near-by is not responsible for any losses incurred by the user as a result of disclosing the aforementioned information.

By phone, SMS, email, or any other means of communication, Near-by, its affiliates, or any of its personnel will never ask for sensitive information such as user ID, PIN, online banking passwords, CVV Number, OTP, and so on. We ask that you do not share, respond to, or provide any such information to anybody.

CONVENIENCE FEE

We retain the right to charge some costs in the form of convenience fees or service fees in addition to the cost of booking an offer/deal accessible on the Near-by platform. We also retain the right to change any and all fees at any time. Before completing the booking or collecting money from the user through a Payment Gateway, any additional fees, including fees for any revisions, will be displayed to the user.

We reserve the right to deduct, charge, or claim the balance amount from the user in the event that the booking amount, taxes, statutory fee, convenience fee, or other charges are not charged in full due to any technical mistake or other reason. If the short charge is claimed before the booking is used, we reserve the right to cancel the reservation if the amount is not paid before the utilisation date.

Any increase in the price charged by us as a result of a change in tax rates or the application of new taxes by the government must be borne by the user such as levying of taxes, levies, and other fees.

PROMOTIONAL CODES

Near-by may, in its sole discretion, develop promotional codes that can be redeemed for account credit or other features or benefits relating to the services and/or a third party provider's services (collectively, "Promo Codes"). You agree that Promo Codes: (i) 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 way, or made available to the general public (whether in a public form or otherwise), unless expressly permitted by Near-by; (iii) may be disabled by Near-by at any time for any reason without liability to Near-by; (iv) may be disabled by Near-by at any time for any reason without liability

INTELLECTUAL PROPERTY RIGHTS

Near-by owns the trademarks near-by.in, the Near-by Logos, and variations thereof seen on the website, and every usage of these marks benefits Near-by. We control all rights to Near-by's name (including goodwill and, where applicable, trade marks) (or our licensors). The names of other products and companies mentioned on the website are trademarks or registered trademarks of their respective owners.

The title, ownership rights, and intellectual property rights in and to the content accessed through the Service are owned by the appropriate content owner or retailer, and may be protected by copyright or other law. You have no rights to such content under the Agreement.

The title, ownership rights, and intellectual property rights in and to the content accessed through the Service are owned by the appropriate content owner or retailer, and may be protected by copyright or other law. You have no rights to such content under the Agreement.

DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

The user expressly undertakes to use the website at his or her own risk. Neither Near-by, its Holding or Subsidiaries, Business Associates, nor any of their respective employees, agents, or third-party content providers warrant that use of the website will be uninterrupted or error-free; nor do they make any warranty as to I the results that may be obtained from using the Website or the accuracy, reliability, or content of any information, service, or merchandise provided through the website.

The website is provided "as is," with no express or implied warranties of any kind, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, except to the extent that such warranties are implied by and incapable of exclusion, restriction, or modification under the laws applicable to this agreement.

We reserve the right to amend, replace, limit, or remove any information, voucher, or service from the Website that is part of the Service at any time and without warning. Your access to the website and/or services may be restricted from time to time to allow for repairs, maintenance, or the addition of new features or services. We will make every effort to restore access as quickly as possible. We take no responsibility for functionality that relies on your browser or other third-party software to work. Within the validity period of a given voucher, Near-by may remove any information or the voucher from the website for a variety of reasons.

In subject to the information set forth above, neither Near-by nor its subsidiaries and business associates, third-party service providers, or third-party content providers shall be liable 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, regardless of the cause or duration. None of the aforementioned parties are liable for any third-party claims or losses of any kind, including, but not limited to, lost profits, punitive, or consequential damages.

Unless Near-by expressly states otherwise as part of any product or service:

Near-by takes no responsibility for the quality of service offered by the retailers.

Near-by makes no assurances about their quality or fitness as described by retailers.

Near-by does not guarantee that any services mentioned by a retailer will be available.

By making a booking, the user acknowledges that Near-by is only a technology platform for booking services and products, and that the final obligation rests with the retailer, not Near-by. As a result, the final service contract is between the user and the retailer.

RESERVATION POLICY

Any transactions involving reservations for products or services that are not directly offered by Near-by must be handled between the retailer and the user, i.e. Near-by disclaims all warranties, express or implicit, of any type, with respect to any matter relating to such transaction, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Near-by just aims to provide a platform for you and the retailer to engage, exchange information, or make a reservation on mutually agreed-upon terms. Near-by is not responsible for any losses you may suffer while making reservations or bookings on behalf of the user or a third party.

MONITORING

Near-by reserves the right, but not the obligation, to monitor the content of the website at all times, including any chat rooms or forums that may be added in the future, to ensure compliance with this Agreement and any operating rules established by Near-by, as well as to comply with any applicable law, regulation, or authorised government request. Without limiting the above, Near-by reserves the right to remove any material that it deems to be in violation of these terms or otherwise objectionable in its sole discretion.

PRIVACY

All conversations for ratings, comments, bulletin board service, chat rooms, and/or other message or communication facilities (collectively "Communities") are public and not private communications, and others may read the user's communications without the user's awareness. Near-by has no control over or endorsement of the content, messages, or information found in any Communities; as a result, Near-by expressly disclaims any and all liability arising from the Communities and any actions taken as a result of the user's participation in any Communities, including any objectionable content.

LICENSE GRANT

By submitting communication systems on or through this Website, the user is deemed to have granted Near-by a royalty-free, perpetual, irrevocable, and non-exclusive licence 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 now known or otherwise established, and to sublicense such rights through different stages of sublicenses.

TERMINATION

This Agreement may be terminated by Near-by at any time. Without limiting the above, Near-by reserves the right to immediately cancel any user's passwords or accounts if the user engages in activity that Near-by, in its sole judgement, deems objectionable, or if the user violates this agreement.

A user can only have one account, each with its own e-mail address and phone number. If Near-by has reason to believe or knows that one of its users has created multiple accounts with different e-mail addresses or phone numbers (including, but not limited to, account creation using false names or providing misleading data for creating those accounts, or using disposable email addresses or disposable phone numbers) in order to generate additional cash back credits or misuse or take undue advantage of the promotional benefits offered on the Near-by platform, the Near-by Platform will terminate the account.

THIRD PARTY CONTENT

Near-by is a distributor (not a publisher) of content provided by third parties and users, similar to an Internet Service Provider. As a result, Near-by has no editorial control over such material. Any opinions, advice, comments, 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 are not necessarily those of Near-by.

Neither Near-by nor any third-party information provider guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose (see the 'Disclaimer of Warranty, Limitation of Liability' section above for the complete provisions governing limitations of liability and disclaimers of warranty).

The Website contains links to other content providers' third-party websites. These links are given merely for your convenience, and Near-by makes no warranties as to the content or accuracy of materials on such third-party websites. If the user chooses to visit any of the linked third-party websites, he or she does so at his or her own risk.

You may not provide a hyperlink to the Website from any other website unless you have executed a formal agreement with Near-by specifically allowing you to do so. Near-by maintains the right, in its sole discretion, to revoke its permission to any link at any time.

ADVERTISEMENT

Near-by may display advertisements in various places on the Website and at various times during the usage of the Service. These locations and points are subject to change at Near-by's sole discretion.

You have complete discretion over whether or not to pick or click on advertised items and services.

A Third Party Advertiser may deliver any adverts on our behalf.

During the course of serving our advertising, no personal data (such as your name, address, email address, or phone number) will be collected, but our Third Party Advertiser or affiliate may install or recognise a unique "cookie" on your browser on our behalf (see our Privacy Policy about this).

MISCELLANEOUS

This Agreement, our Terms of Sale, and our Privacy Policy (including our Cookies Policy) represent the parties' entire agreement on the subject matter hereof. Except as expressly stated in this Agreement, no representation, undertaking, or guarantee shall be deemed granted or implied from anything said or written in conversations between the parties previous to this Agreement. Neither party has any remedy in respect of any untrue statement made by the other on which that party relied when attempting to enter into this Agreement (unless such untrue statement was made illicitly or was as to a matter basic to a party's ability to perform this Agreement), and that current party only remedies are for breach of the contract.

PRODUCTS/ SERVICES TAKE DOWN POLICY: REPORTING VIOLATION OF INFRINGEMENT

In order to ensure that infringing products are withdrawn from the site, we want to list the products and services of real sellers on our website.

We do not and cannot confirm that the retailers have the right or ability to sell or distribute the products or services featured on their website. However, once an authorised representative of the rights owner properly reports an infringing or unlicensed goods or service to us, we are committed to removing it. We are committed to ensuring that item listings do not infringe on third-party copyright, trademark, or other intellectual property rights. We have the capacity to identify allegedly infringing products and materials and request their removal.

CONTACT US

If you have any queries about our Privacy Policy, Terms of Sale, or Terms of Use of the site, you may contact our Support Team using the information provided below, in compliance with the Information Technology Act of 2000 and the Rules promulgated thereunder:

Name: Div International Technology Services Pvt. Ltd

Address: 6-2-966/4/1/C, Hill Colony, Veer Nagar, Khairtabad, Hyderabad, Telangana, India -500004

E-mail: info@near-by.in

Business Hours: Monday to Friday (09:00 to 18:00)

Please notice that, in compliance with Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, Near-by has defined and published the Terms and Conditions of Use (including its Privacy Policy and Cookie Policy) for accessing or using the www.near-by.in website. This document is written in conformity with the Information Technology Act of 2000, its Rules, and any other applicable and updated requirements relating to electronic records in various statutes as changed by the Information Technology Act of 2000. This is a pc electronic document that does not require any physical or electronic fingerprints.