Terms & Conditions

Welcome to NearBy, a platform designed to facilitate the growth of businesses while benefiting customers. This document serves as an electronic record and outlines the terms and conditions that will be communicated to NearBy clients prior to engaging in any transactions. Clients are advised to carefully review all the terms and conditions of the NearBy scheme before using the app/website services.

This agreement governs the access and usage of the NearBy app/website, which is owned by NearBy. The app/website serves as a platform where registered users, including buyers and business establishment owners, can connect and interact with each other to provide and avail discounts, deals, and offers aimed at attracting new customers for mutual benefit. Detailed information about the entire scheme can be found on the NearBy app/website.

NearBy's role in this business activity is limited and focused on facilitating the smooth functioning of the scheme. NearBy will assist customers in obtaining and redeeming discounts, deals, and offers provided by registered business establishments. Customers/buyers can access the NearBy app/website on their mobile or internet-connected devices to avail the services offered by NearBy. Registration on the NearBy app/website is required to access the site and utilize NearBy's services.

DEFINITIONS:

Agreement: Refers to the terms and conditions (T&C) outlined in this document for using the App/Website, including the privacy policy issued by NearBy App/Website. These terms and conditions, along with any amendments or updates, form an integral part of this agreement.

Website: Refers to the online platform, accessible at www.nearby.co.nz, owned and operated by NearBy. It encompasses all online platforms utilized by NearBy to facilitate its services and ensure smooth business operations.

App: Refers to the NearBy mobile application, available on the Play Store and App Store. It includes all online platforms owned and operated by NearBy to facilitate its services and ensure smooth business operations.

Business Establishment: Refers to sellers, vendors, and merchants who are registered with NearBy App/Website. These establishments offer various discounts, deals, and offers on their products and services through the App/Website.

Customer/Buyer: Refers to individuals or legal entities capable of entering into a contract as per the Indian Contract Act, 1872. Customers/buyers purchase the discounts, deals, and offers issued by registered business establishments on the NearBy App/Website. Registration on the App/Website is mandatory for customers/buyers.

User/You/Your: Refers to the customer/buyer accessing the App/Website to avail the services provided by NearBy. These services are specified on the App/Website owned and maintained by NearBy and include accessing business discounts, deals, offers, and pre-booking available time slots to visit registered business establishments.

NearBy Annual Membership: Refers to a membership program offered by NearBy where customers/buyers can subscribe to an annual membership plan.

Term We/Us/Our: Refers to NearBy App/Website owned by NearBy.

Product and Services: Refers to goods or services sold or provided by the business establishments registered with NearBy.

Coupon: Refers to discounts, deals, and offers offered by registered business establishments to customers/buyers.

Terms and Conditions for strict compliance by customers/buyers:

1. Customers/buyers must be 18 years of age or older, of sound mind, and legally capable of entering into a contract under the Indian Contract Act, 1872.

2. If a customer/buyer is under 18 years old, they may use the services of the site with the involvement, consent, and guidance of their parents or legal guardians, using the registered account of their parents/legal guardians.

3. Customers/buyers are required to provide their name, mobile number, email address, and date of birth before accessing the App/Website.

4. Customers/buyers will not be eligible for any coupons if it is discovered that they have withheld payments, engaged in fraudulent activity, or made bulk purchases from registered business establishments.

5. Customers/buyers must use the coupons within the specified validity period mentioned on their package or until the end of their membership.

6. NearBy has the right to terminate any future transactions at its sole discretion if the terms and conditions of this agreement and the operating instructions/terms of the NearBy App/Website are not strictly adhered to, without any liability on NearBy's part.

7. Customers/buyers agree that NearBy has the right to modify or change any of the terms of this agreement at its discretion without providing reasons or any prior notice to customers/buyers.

8. Customers/buyers acknowledge that NearBy is not involved in the sale and purchase of goods/products and therefore cannot provide warranty or guarantee of the quality, quantity, price, deliverables, etc., of the goods/services purchased from registered business establishments.

9. Customers/buyers must select and pay for the products/services of their choice.

10. Customers/buyers agree not to raise any grievances or objections after purchasing products from registered business establishments through NearBy, as they have personally verified the products/services at the point of sale before making the purchase.

11. Customers/buyers should inform the registered business establishment about their intention to redeem the coupon related to products/services offered by that establishment on the NearBy App/Website before making the purchase.

12. Customers/buyers acknowledge that they have read and understood all the terms and conditions of the NearBy App/Website scheme and agree to comply with them. Compliance with the instructions issued by NearBy and the terms of this agreement is mandatory to avail the benefits offered by the NearBy App/Website.

13. Customers/buyers agree that NearBy will not be liable for any damages or costs arising from disputes between customers/buyers and registered business establishments, nor will NearBy be responsible for mediating or resolving any such disputes.

14. Customers/buyers acknowledge that they are using the services available on the NearBy App/Website and transacting at their sole risk. They must make decisions regarding obtaining coupons from the available options under the scheme at their own discretion and best judgment.

15. Customers/buyers will not hold NearBy responsible for any interruptions or failures in communication lines, server hosting the app/website, or computer viruses that may lead to the destruction or alteration of any records in the functioning of the NearBy App/Website.

16. Customers/buyers acknowledge that NearBy will not be responsible for any misbehaviour, tortious behaviour, negligence, or any other actions or omissions by registered business establishments.

17. Customers/buyers acknowledge that the coupons they choose from registered business establishments are strictly subject to the policies and terms and conditions stated on the coupons. No additional benefits beyond those mentioned in the coupons will be granted to the customer.

18. The Customer/Buyer acknowledges and agrees that NearBy may share or use the information collected about them with third parties or for internal purposes without requiring their consent.

19. The Customer/Buyer acknowledges and agrees that NearBy has the authority to modify, change, delete, add, or alter any terms and conditions at any time after the agreement is in effect, and the Customer/Buyer will not have the right to object to these changes.

20. The Customer/Buyer agrees and undertakes not to purchase any products or services that are prohibited by the laws of India.

21. The Customer/Buyer agrees and undertakes to indemnify NearBy and its employees against any loss or damages they may suffer.

22. The Customer/Buyer agrees and undertakes that NearBy has the right to terminate or suspend access to its App/Website for customers who have been de-registered due to defaulting on their obligations.

23. Any customer/buyer can register on NearBy App/Website using only one legally purchased mobile number. NearBy App/Website reserves the right to terminate or restrict features for any customer/buyer who attempts to benefit from multiple mobile numbers on the same device or multiple devices.

24. Force Majeure: NearBy shall not be liable to the customer/buyer in case of events beyond their control, such as floods, natural disasters, war, acts of terror, political unrest, technical issues, pandemics, acts of God, changes in the law, or any other occurrence beyond the reasonable control of the parties.

25. The Customer/Buyer agrees and acknowledges that the non-enforcement of any conditions in this agreement shall not be considered a waiver of any of NearBy's rights.

26. The Customer/Buyer agrees and acknowledges that this agreement, along with its ancillary agreements and their terms and conditions, will be governed by Indian law. In case of any conflict or dispute between the Customer/Buyer and NearBy, the exclusive jurisdiction will be the courts in Ahmedabad, Gujarat, India.

27. The Customer/Buyer agrees and undertakes that all transactions related to the purchase of goods and services, as well as the issuance and redemption of coupons, shall be conducted in Indian rupees only.

28. The Customer/Buyer agrees and undertakes that the services provided by NearBy through this App/Website are available within the territory of India.

29. The Customer/Buyer agrees and undertakes that NearBy reserves the right to communicate with them via SMS, in-app notifications, emails, or any other means. The Customer/Buyer will not have the right to block NearBy's communication, including "do not disturb" categories.

30. The Customer/Buyer agrees and acknowledges that any typographical or display errors regarding discounts, deals, or offers on the NearBy App/Website do not entitle them to obtain undue benefits. NearBy retains the right to correct errors and recover any damages or losses resulting from such errors.

31. The Customer/Buyer agrees and acknowledges that NearBy is not liable for any products and services purchased by the customer from registered business establishments through the NearBy App/Website. The customer is responsible for verifying the product and service quality, and they understand that NearBy acts only as a facilitator in implementing discount, deal, and offer decisions.

32. NearBy App/Website will periodically notify customers/buyers about additional benefits, schemes, new product arrivals, and promotions of registered business establishments through in-app notifications and SMS. By accepting this agreement, the customer/buyer agrees to receive such communications from NearBy unconditionally. However, the decision to act on the information received will be solely at the discretion of the customer/buyer.

33. As part of our promotional program, NearBy may offer coupons from registered business establishments through the NearBy App/Website.

34. The customer/buyer agrees not to hold NearBy responsible for any inability to use products or services or for the non-redemption of coupons issued by registered business establishments through the NearBy App/Website.

35. The customer/buyer agrees not to hold NearBy responsible for any infringement of intellectual property rights committed by registered business establishments in their transactions with the customer/buyer.

36. Confidential Information: The customer/buyer agrees not to disclose or allow the disclosure of any confidential information related to the NearBy App/Website to any third party not affiliated with NearBy, except in cases where the information becomes public or when strictly required for legal proceedings. The customer/buyer is obligated not to share such information with any third party without written consent from NearBy. These obligations will continue even after the termination of this agreement.

37. The customer/buyer acknowledges the following terms for the redemption of coupons from registered business establishments:

a. Purchase the coupons of various discounts, deals, and offers announced by registered business establishments on the NearBy App/Website, and/or purchase available membership plans to access coupons in multiple categories during the membership validity.

b. Inform the business establishment before purchasing a product or service about the intention to redeem the coupons.

c. Provide the mobile number to the registered business establishment at the time of purchase to enable necessary communication with NearBy and for other business establishments during the redemption of coupons.

d. The customer cannot combine the discount benefits under the scheme with any other offer while redeeming the coupons.

e. Strictly adhere to the validity period of the coupons/membership. The validity period cannot be extended under any circumstances.

f. The customer is entitled to receive only the benefits mentioned on the coupons.

g. Adhere to the return policy, if any, specified by the business establishment on the coupons. Normally, goods once sold cannot be returned.

h. Any disputes between the registered business establishment and customer/buyer shall be resolved directly between them. NearBy will not interfere in such disputes and will not be held liable for any losses or damages suffered by the customer/vendor or registered business establishment in their purchase transactions.

i. All applicable taxes, including GST, if any, will be borne/paid by the customers/buyers only.

38. Operating procedure for using NearBy by customers/buyers is as follows:

a. Customers/buyers can access NearBy through the mobile app or website, which can be downloaded or accessed on any internet-connected device.

b. To use NearBy, customers/buyers need to register on the app/website using their mobile number. A one-time password (OTP) will be sent to validate the mobile number.

c. Customers/buyers can choose to purchase membership plans after evaluating the benefits that meet their requirements on the NearBy app/website.

d. Redemption of previously selected coupons can be done after completing a purchase at the registered business establishment. Customers/buyers must inform the establishment about their intention to redeem the coupon and possess a valid coupon meeting all the terms and conditions.

NearBy cannot be held responsible if any store/brand listed on the app/website closes for any reason, despite displaying discounts, deals, or offers. Customers/buyers with a subscribed membership plan can explore alternative offers available on the NearBy app/website.

e. In case of any disputes or misunderstandings regarding offers at a store/outlet, the decision of the store manager will be considered final and binding for coupon holders.

f. NearBy may make calls and send SMS using a third-party platform.

g. By using NearBy, customers/buyers agree to receive promotional calls and SMS on the shared number, which will be sent through a third-party platform.

Refund Policy:

All services provided by the Company are non-refundable. This includes membership plan subscriptions, upgrade fees, renewal fees, and customized service coverage, regardless of usage. In the event of subscription cancellation by the company due to violation of the agreement or business registration policy, all payments made to the Company are non-refundable.