This document is an electronic record under the provisions of the Information Technology Act, 2000 and Rules framed there under (as applicable or amended from time to time). This electronic record is generated by a computer system and does not require any physical or digital signatures.
The term "Platform" used in this document refers to the website (being www.nearbyall.com), mobile apps and / or any other services offered / to be offered by nearbyall.com. nearbyall.com used in this document refers to InfoDoctor Ltd, ITN 7734674863.
This document and any other terms specifically referred to on the Platform constitute a legally binding agreement (the "Agreement") between you and nearbyall.com in relation to your use of the Platform.
All intellectual property which is in relation to this Platform is owned by and vests in nearbyall.com.
For the purpose of this Agreement, wherever the context so requires, "you" or "User" shall mean any natural or legal person who has agreed to use the Platform, whether registered or not. The terms "we", "us", "our" shall mean the Platform.
Acceptance of these terms is a prerequisite for usage of services in the platform. By virtue of using these services, it is deemed that you accept all and any of the terms and conditions specified in the Agreement. The Agreement constitutes the entire agreement between you and nearbyall.com and governs your use of the Platform's Service, superseding any prior agreements between you and nearbyall.com.
This Platform is entitled to assign this Agreement, and all rights and obligations hereunder, to a successor to all or any of its assets, whether by sale, merger or otherwise.
This Platform reserves the right to update, change, modify, add or remove the terms, conditions and notices of the Agreement without any prior notice to you. It is your responsibility to periodically review the most current version of the Agreement as your continued use of this Platform signifies your acceptance of any changed terms. As long as you comply with these Terms & conditions, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.
This Platform is a service to enable its Users to connect with businesses in their city. nearbyall.com provides the Platform and enables the Users to find Service Providers/book services. Local business listings, classified ads and other elements of service need fulfilment are posted not by this Platform, but members (Users & Service Providers) of the Platform. nearbyall.com does not endorse any particular business and does not guarantee quality, reliability or capability of a business.
Business may not post or list any service offerings that is restricted or prohibited by a state or local legislation or rule in India or other applicable jurisdictions. You, as the Service Provider, are responsible for ensuring that you are not posting an item that is prohibited by law in any jurisdiction.
Service offerings that are prohibited by laws, regulations, sanctions and trade restrictions in India or any applicable jurisdiction are strictly forbidden in the Platform. nearbyall.com as an entity prohibits and does not espouse or encourage usage of the Platform for posting of service offerings which directly encourages any illegal activities, any pornographic material or items that are sexual in nature, any service offerings that promote hatred, violence, racial or religious intolerance. It is your responsibility to determine whether the service offering of any listed item is authorized by law, statute, or regulation. Without limitation, the following service offerings may not be sold or listed on the platform to make firearms, explosives, and ammunition; alcoholic beverages; tobacco products; service offerings of food that is not packaged or does not comply with all applicable laws; pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any goods that infringe or otherwise violate another party rights, including copyright, patent, trademark, and rights of publicity and privacy; goods / services that are, in this Platform's discretion, indecent, obscene or pornographic; registered or unregistered securities; goods/services which you do not have the legal right to sell /perform; goods which are misrepresented or which do not in fact exist; goods / services which, if sold via the Platform, would cause nearbyall.com to violate any law, statute or regulation. The above list of service offerings prohibited under the Platform is only illustrative and shall not be considered as exhaustive in nature. The list shall be updated on a continuous basis.
As a service provider you agree to list the business information and service offerings in the right category and accurately describe the service offerings. You must be at least 18 years of age and possess the legal authority to enter into this Agreement and to use the Platform in accordance with all Terms and Conditions herein. If you are listing your business offering using the Platform, you further warrant that you have legal authority to enter into other binding & selling agreements for the purchase or sale of goods/services. You agree to be financially responsible for all of your use of the Platform (as well as for use of your account by others, including without limitation minors living with you). You also warrant that all information supplied by you or members of your business and / or household in using the Platform, including without limitation your name, email address, street address, telephone number, credit card number (when required), and items listed under your service offering, their description and price offered ( when required) is true and accurate. You may be required to provide certain business & government documents that will be used to authenticate your listings. You declare that the documents submitted are true and correct.
As a Service Provider, you agree that Users may comment on their experiences with you in the feedback and reviews section of the Platform and you release the Platform and its Users from any liability for any comments.
Payment of transaction amount can be done online if Users choose to do so. The should pay 100% through the Platform before the service.
All payments made against services on this Platform by service provider shall be compulsorily in Indian Rupees acceptable in the Republic of India.
nearbyall.com will not be responsible for any loss or damage arising directly or indirectly to the User due to any payment issues arising out of the transaction including but not limited to invalidity of the credit or the debit card, expiry of such card, lack of authorization for any transaction/s, insufficient money in the account of the service provider, exceeding the limit of transaction (a) mutually agreed between the Service Provider and the User or (b) imposed by this Platform.
Your calls may be recorded to improve the service experience in the Platform and for other business purposes. You hereby unconditionally authorize and / or approve nearbyall.com to record the calls made by you to nearbyall.com with respect to any services listed on this Platform. nearbyall.com at its discretion may delete such recording shall from its database within a period of twelve (12) months.
Further, by using nearbyall.com services and providing us your number, while registering for an account or receiving alerts or contacting an advertiser seller / buyer, you:
Agree to receive a sales or service call from our employees / partner / alliances notwithstanding your registration for NDNC (National Do Not Call) registry.
Give consent to nearbyall.com and its partners / vendors and sub-partners / sub-vendors to send alerts, contact details, SMS and calls related to User's action in our website to the mobile number entered by the User, irrespective of whether the same is on the NDNC list or any other such database.
In case the User does not want to receive these messages on his / her mobile number, he / she shall not submit his / her mobile number with this Platform.
Contacting businesses through this Platform nearbyall.com uses certain virtual numbers and reserves the rights to display the same for contacting certain service providers. These are called User Virtual Number ("UVN"). This being the case, this Platform also holds the rights to contact those Users and Service Providers registered with the platform. The mode of contact may be through SMS / email / call, irrespective of whether the User is on the NDNC list or any other similar database.
You hereby waive your right to object and agree to not object and / or protest in relation to the same. All calls made through the UVNs between the User and the service provider shall be recorded by nearbyall.com for training and quality purposes including dispute resolution, service assurance, and other business purposes of nearbyall.com. You hereby give irrevocable consent to nearbyall.com for sharing the call recordings to other third parties for business purposes of nearbyall.com. You disclaim and / or abandon any right to sue and waive your right to object and agree to not object and / or protest in relation to any of the conditions.
In no event shall nearbyall.com, be liable for any direct, indirect, incidental, special, punitive, consequential damages, or any damages whatsoever, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from:
nearbyall.com, reserves the right to discontinue in whole or in part any portion of this Platform services or programs with or without notice.
All rights to the Platform material not expressly granted herein are reserved.
Third party merchants and advertisers: You acknowledge that nearbyall.com does not control the performance of merchants or advertisers that appear on this Platform. Therefore, if you choose to purchase a product or service, you release us from any and all claims you may have regarding the third party's failure to deliver or perform.