TERMS & CONDITION
Thank you for visiting our website, Nearle.in ("Website") or downloading our mobile
application ("App"). While the Nearle partners finish your personal tasks, please spare the
time to read the following terms and conditions. You can learn about our services from the
Website and use our services through the mobile application or App (the Website and the App
referred to herein as "Nearle Platform").
The terms “You” and “Your” refer to the user of the Nearle Platform. The term “Services”
refers to any
services offered by Nearle whether on the Nearle Platform or otherwise. Please read this
Policy before
using the Nearle Platform or submitting any personal information to Nearle.
For the purposes of these Terms of Use, the term “Nearle ”, “NEARLE” or “Us” or “We” or
“Our” or “Company” refers to Nearle Neighbourhood Commerce Platform. The term “You” or
“Your” refers to the user or visitor of the Website and/or App. When You use our services,
you will be subject to the terms, guidelines and policies applicable to such service and as
set forth in these Terms of Use. As long as you comply with these Terms of Use, we grant You
a personal, non-exclusive, non-transferable, limited privilege to enter and use our
Platforms and services.
1 – ACCEPTANCE OF TERMS
These Terms of Use sets forth legally binding terms for Your use of our Platforms and services.
By using the Platforms, You agree to be bound by these Terms of Use, whether You are a “Visitor”
(which means that you simply browse our Platforms) or you are a “Subscriber” (which means you
have registered with NEARLE APP/NEARLE PLATFORM as a user). If You do not accept these terms,
you should leave the Website and/or App and discontinue the use of the service immediately.
We may modify these Terms of Use from time to time, and such modification shall be effective
upon its posting on our Platforms. You agree to be bound by any modification to these terms when
You use the Platforms after any such modification is posted; it is therefore important that You
review these Terms regularly.
2 – GENERAL REGISTRATION REQUIREMENTS
In consideration of your use of our Platforms, you represent that You are of legal age to
form a binding contract and are not a person barred from receiving services under any law in
force in India or other applicable jurisdiction.
You also agree to:
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(a) provide true, accurate, current and complete information about yourself while
registering on our Platforms to avail the Services; and
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(b) maintain and promptly update Your registration data to keep it true, accurate,
current and complete.
If You provide any information that is untrue, inaccurate, not current or incomplete, or we
have reasonable grounds to suspect that such information is untrue, inaccurate, not current
or incomplete, We reserve the right to suspend or terminate Your account and refuse any and
all current or future use of our Platforms (or any portion thereof) at any time.
There is limited content available on our Platforms. All of such content is provided to you
“AS IS” for Your information and personal use only and may not be downloaded, copied,
reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise
exploited for any other purposes whatsoever without the prior written consent of NEARLE.
NEARLE reserves all rights not expressly granted in and to the Website/App and the Content.
You will be required to enter a valid phone number while registering on our Platforms as a
subscriber. By registering Your phone number with us, you consent to be contacted by us via
phone calls, SMS notifications or instant messages, in case of any subscription/service
updates. If we do so, each communication we send You will contain instructions permitting
you to "opt-out" of receiving future communications. In addition, if at any time You wish
not to receive any future communications or You wish to have Your name deleted from our
mailing lists, please contact us as indicated below. If You are registered with the DND
National registry, you may not receive any promotional messages from Us.
3 – SUBSCRIBER ACCOUNT & SECURITY
If You register with Nearle Platform, you may be required to complete a verification process
as part of setting up Your account. Once set up, you are responsible for maintaining the
confidentiality of Your account information and are fully responsible for all activities
that occur through Your account. Should there be instances of any unauthorized use of Your
account or any other breach of security, please notify Us to stop processing requests from
Your account, until further instructions.
4 – SERVICES & PAYMENT
Nearle's services constitute a SAAS platform that connects You to a third party Nearle
partner/ Merchant to schedule and complete your requirements and errands ("Services").
Nearle does not run your tasks or errands by itself nor does it actively supervise the
completion of Your tasks.
When You use the services of a service provider/Nerale partner/merchant, you will incur a
charge. Nearle will facilitate your payment for the services and the service
provider/partner/merchant fee through integrated payment platforms. To the extent that
Nearle receives charges on behalf of the service provider/partner/ merchant, it acts as an
agent of the service provider/partner/merchant and all payments made by You for services
rendered are deemed to be payments made to the service provider/partner/merchant. Payments
are inclusive of taxes.
5 - USER INFORMATION
Our Services depends on the information You provide to us. You are solely responsible for and
in control of the Information You provide to us.
If You use the Website or the App, You agree that information about Your use of the Nearle
Platforms through Your mobile telecommunication device may be communicated to us, and we may
obtain information about Your mobile carrier, Your mobile device, or Your physical location.
In addition, use of our Platforms through a mobile telecommunication device may cause data
to be displayed on and through Your mobile device. By accessing our Platforms using a mobile
telecommunication device, You represent that to the extent You import any of Your data
to Your mobile telecommunication device that You have authority to share the transferred
data with Your mobile carrier or other access provider. In the event You change or
deactivate Your mobile account, you must promptly update Your Nearle account information to
ensure that Your messages are not sent to the person that acquires Your old number and
failure to do so is Your responsibility. You acknowledge that You are responsible for all
charges and necessary permissions related to accessing our Platforms through Your mobile
access provider. Therefore, you should check with Your provider to find out if our Platforms
are available for Your specific mobile devices.
NEARLE reserves the right to collect user data including name, contact information and other
details to facilitate the Services or use of its Platform to avail Services. All information
collected from You are on a bona fide basis. Misuse and misrepresentation of identity or
contact details will lead to automated termination of services or the use of the platform
without the obligation of a prior notice to You.
Compilation of user accounts and user accounts bearing contact number and e-mail addresses
are owned by NEARLE.
In the case where the system is unable to establish unique identity of the user against a
valid mobile number or e-mail address, the account shall be indefinitely suspended. NEARLE
reserves the full discretion to suspend a user's account in the above event and does not
have the liability to share any account information whatsoever.
We may disclose to third parties certain data related to You, without providing Your
personal details such as name, residential and e-mail address, mobile number, unless: (1)
You expressly permit us to do so, or any other person You may specifically designate to
disclose such information or (2) We are required to disclose such information by any
applicable law or legal process.
6 – PROHIBITED CONDUCT
You agree not to use the Platforms inappropriately, or otherwise transmit information, data,
text, software, music, sound, photographs, graphics, video, messages, tags, or other
materials ("Content" means the transmission of information, data, text, software, music,
sound, photographs, graphics, video, messages, tags or other materials generated by a user)
that:
- is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any
kind against any group or individual
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harasses or advocates harassment of another person
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exploits people in a sexual or violent manner
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contains nudity, violence, pornography, sexually explicit material or offensive subject
matter
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provides any telephone numbers, street addresses, last names or email addresses of
anyone other than your own
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promotes information that you know is false or misleading or promotes illegal activities
or conduct that is abusive, threatening, obscene, defamatory or libelous
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violates any intellectual property or other proprietary right of any third party,
including Content that promotes an illegal or unauthorized copy of another person’s
copyrighted work, such as providing pirated computer programs or links to them,
providing information to circumvent manufacture-installed copy-protect devices, or
providing pirated music or links to pirated music files
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involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing,
instant messaging, “spimming,” or “spamming”
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contains restricted or password only access pages or hidden pages or images (those not
linked to or from another accessible page)
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furthers or promotes any criminal activity or enterprise or provides instructional
information about illegal activities including, but not limited to making or buying
illegal weapons, violating someone’s privacy, or providing or creating computer viruses
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solicits passwords or personal identifying information from other Subscribers
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involves commercial activities and/or sales without Nearle's prior written consent, such
as contests, sweepstakes, barter, advertising, and/or pyramid schemes
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includes a photograph of another person that you have posted without that person’s
consent or otherwise constitutes an invasion of an individual’s privacy or infringement
of publicity rights
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denigrates, ridicules, or demeans another person; or contains a virus or other harmful
component
You agree not to use or launch any automated system, including without limitation, “robots,”
“spiders,” or “offline readers,” that accesses our Platforms.
7 – TERMINATION OF ACCOUNT
You acknowledge, consent and agree that QWY may access, preserve and disclose Your account
information if required to do so by law or in a good faith belief that such access,
preservation or disclosure is reasonably necessary to:
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comply with legal process nationally or internationally
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enforce these Terms
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respond to your requests for service or complete your tasks
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protect the rights, property or personal safety of QWY, its subscribers and the public,
or
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pursuant to the terms of the Privacy Policy.
9- GOVERNING LAW
These Terms are governed by the laws of India. Any matters arising under these terms
shall be subject to the exclusive jurisdiction of courts located in Coimbatore, Tamil
Nadu, India.
9- GRIEVANCE
In case of any grievance arising from the use of the Website or the App, please write to
the Grievance Officer at care@nearle.in.